KENFOX IP & Law Office > Our Practice (Page 4)

Enforcing Industrial Design Rights in Myanmar

Download  Industrial design rights play a crucial role in safeguarding the unique and creative aspects of a product's appearance. These rights grant creators exclusive control over the visual attributes of their designs, ensuring fair competition and encouraging innovation. This guide outlines the procedures and measures available under Myanmar's Intellectual Property Rights Court to protect and enforce industrial design rights effectively. 1. Seeking Remedies for Infringement of Industrial Design Rights Filing a Suit for Provisional Measures: Design right holders seeking protection against infringement can apply for provisional measures through a civil action in the Intellectual Property Rights Court, as outlined in Sections 67(a) and...

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Invalidation and Cancellation of Registered Industrial Design in Myanmar

Download In Myanmar, the process of invalidation and cancellation of a registered industrial design involves the legal mechanisms through which the rights associated with a registered design can be challenged or revoked. Industrial designs are vital for protecting the aesthetic and ornamental aspects of a product, ensuring creators and innovators can safeguard their unique visual creations. “Invalidation” refers to the procedure through which an interested party seeks to challenge the validity of a registered industrial design. This could be due to various reasons, such as prior existing rights, lack of novelty, or failure to meet the necessary requirements for design registration. The...

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Granting Licenses for Registered Industrial Designs in Myanmar

Download  In Myanmar, granting licenses for registered industrial designs is a strategic approach that allows owners to share their designs with others while safeguarding their rights. This guide provides a step-by-step process for granting licenses and ensuring proper documentation of these arrangements. Step 1: Setting License Terms As the owner of a registered industrial design, you have the authority to grant licenses to individuals or legally established organizations. Before doing so, it's essential to define clear and comprehensive terms and conditions for the use of your industrial design. These terms will outline the scope, duration, royalties, and any other relevant aspects of the...

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How Can We Record Transfer of Registered Industrial Design Rights in Myanmar?

Download In Myanmar, the transfer of registered industrial design rights is a significant process that involves the change of ownership or application status. This guide outlines the steps to request and record the transfer of these rights, ensuring a seamless transition of ownership or application to a new entity. Step 1: Request for Transfer (a) If you are the applicant seeking to transfer the application of an industrial design, you can formally request the Registrar to record the transfer of your application. This request should be made in accordance with the specified guidelines. (b) In case you are the current owner of a registered...

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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...

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

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...

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

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...

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

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...

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Notification to Copyright Applicant and Publication: How and What?

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...

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

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...

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