02 April

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Understanding Registered Industrial Design Rights in Myanmar

Download Registered industrial design rights in Myanmar provide exclusive protections for innovative designs. As the owner of a registered industrial design, you can enjoy these rights throughout the registration period. By complying with the provisions in this chapter, you secure your design's legal status and gain the following privileges. 1. Exclusive Rights and Civil Actions As the rightful owner, you possess exclusive rights to: (i) Prohibit any commercial production, sale, or import of products without your consent, if they incorporate reproductions of your registered industrial design or designs that substantially replicate its main elements, and (ii) Initiate civil action against parties who infringe...

02 April

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Proving Originality Of An Applied-Art Work Or A Logo: Why Is It Challenging and What To Do?

Posted by Ly Dinh

in Copyright, Notable Articles, Vietnam

When opposing or requesting the invalidation of a third party's trademark registration on the grounds that the trademark is a copy or contains a copy of a work protected by rights under Article 73.7 of the Intellectual Property Law (IP Law), or requesting administrative handling copyright infringement, you may face a counter-statement that your logo lacks “originality” - one critical requirement to enable your logo to qualify copyright protection. Such claims can include arguments that your logo is composed of common, generic, or widely used elements that do not meet the threshold of originality – it lacks distinctiveness, meaning it...

27 March

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Correcting or Withdrawing A Copyright Application in Myanmar: What To Know?

Posted by Ly Dinh

in Copyright, Myanmar

Download Applicants for copyright registration are entitled to correct or withdraw their applications under Articles 48 and 52 of Myanmar’s Copyright Law. KENFOX would like to provide below essential insights and details to help copyright applicants prepare, ensuring a smooth process of correcting or withdrawing their copyright applications in Myanmar. 1. Correction of errors in copyright registration applications Article 48(a) allows the applicant to file a request with the Registrar for correcting any clerical error or other mistakes in the application or any document. This can be done after paying the prescribed fees and must occur before the Registrar decides on the registration...

27 March

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Correcting a clerical error or changing my nationality and address in copyright registration in Myanmar: How?

Posted by Ly Dinh

in Copyright, Myanmar

Download Incorrect information in the Copyright Registration Certificate in Myanmar can indeed create significant obstacles for copyright owners. If the information on the certificate is incorrect, it may undermine the owner's claim, allowing infringers to challenge the legitimacy of the ownership. Inaccuracies in the registration certificate can lead to delays in legal proceedings as these issues need to be resolved before moving forward with enforcement actions. Ambiguities or errors in copyright registration details might lead to disputes not only with infringers but also with co-authors, heirs, or assignees who might have a claim to the copyright. Hence, maintaining the accuracy of...

27 March

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Notification to Copyright Applicant and Publication: How and What?

Posted by Ly Dinh

in Copyright, Myanmar

Download Following the Registrar's decision on a copyright registration application, copyright applicants are promptly informed about the outcome of their submissions and that successful registrations are made accessible to the public. 1. Notification of the Decision The applicant will be directly notified about the decision on their copyright registration application. This notification could be in the form of a formal letter, email, or another official communication method used by the Registrar's office. It informs the applicant whether their copyright registration has been granted or refused. Knowing whether the copyright has been granted or refused allows the applicant to make informed decisions about their next...

27 March

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Refusal of copyright registration in Myanmar: What are the reasons?

Posted by Ly Dinh

in Copyright, Myanmar

Download A copyright application in Myanmar may face various obstacle resulting in refusal. A clear and deep understanding of reasons why a copyright application is refused is a good way to avoid and/or overcome it, saving time, finance and other resources as well as ensure a smooth process of copyright registration in Myanmar. KENFOX would like to provide below essential insights and details to help copyright holder prepare, ensuring a smooth copyright registration process in Myanmar. 1. Failure to meet territorial and qualification criteria (Article 12) A work created beyond the scope of application under Article 12 will not be protected and refused...

27 March

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How does a Certificate of Copyright Registration in Myanmar benefit you?

Posted by Ly Dinh

in Copyright, Myanmar

Download Copyright registration is not mandatory in Myanmar. The provisons about this non-obligatory registration of copyright can be found in Article 17, 46 and 54 of Myanmar's Copyright Law. In detai, Article 17 which provides the term of copyright states that the protection for economic rights and moral rights applies to literary or artistic works “whether or not they are registered” (regardless of registration status) under this Law. This indicates that copyright protection is automatic upon the creation of the work and does not require formal registration to come into effect. Article 46 to 54 of Myanmar's Copyright Law clarify on the...

27 March

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Registering a work for a foreign author and/or owner of copyright in Myanmar: What is the process?

Posted by Ly Dinh

in Copyright, Myanmar

Download Registering a work under Myanmar's Copyright Law for a foreign author or copyright owner involves a systematic process that aligns with the stipulations laid out in Articles 46 to 54. KENFOX would like to provide below a detailed guide for copyright authors/owners to successfully register their works in Myanmar. Step 1: Preparation (Articles 13, 15 & 16): • Understand eligible works: Review the types of works that can be registered under Myanmar’s Copyright Law to ensure your work qualifies. This includes a wide range of literary and artistic works deemed to be original intellectual creations. • Confirm copyright ownership: Ensure that your work...

27 March

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Rights of broadcasting organizations under Myanmar’s Copyright Law: What are they?

Posted by Ly Dinh

in Copyright, Myanmar

Download Article 40 establishes a comprehensive framework that recognizes the value and investment involved in broadcasting activities. By granting exclusive economic rights, Myanmar’s Copyright Law provides broadcasting organizations with necessary tools to control and monetize their content effectively. These rights are pivotal for the management, control, and commercial exploitation of their broadcasts. KENFOX would like to provide below analysis on the rights and protections afforded to broadcasting organizations and specific entities (e.g., cable TV companies), ensuring a comprehensive understanding and practical application of the laws, thereby maximizing the utilization of their legitimate rights. 1. Exclusive Economic Rights Per Article 40 (a), a broadcasting...

27 March

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How can a foreign work be protected under copyright law of Myanmar?

Posted by Ly Dinh

in Copyright, Myanmar

Download Myanmar is not a member of the Berne Convention. Consequently, authors and/or owners of foreign works from Berne Convention countries do not automatically enjoy copyright protection in Myanmar. For foreign works to be protected in Myanmar, they must meet the conditions set out in Myanmar's Copyright Law 2019, as Myanmar's obligations to protect foreign works are defined solely by its own legislation and any treaties it has joined. Article 12 of Myanmar’s Copyright Law 2019 sets out conditions for national and international literary and artistic works, as well as performances, phonograms, and broadcasts. KENFOX would like to provide below the...