27 March

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Cancelling a copyright or related rights registration in Myanmar: What is the process?

Download A copyright or related rights registration may be considered prejudicial to any person or to public interests (e.g., A work falsely attributed to someone, or which misrepresents someone in a way that could harm their reputation or privacy; or it infringe on the rights of another person or entity, such as using someone else’s intellectual property without permission and then registering the copyright). Myanmar’s Copyright Law 2019 provide mechanisms to address and remedy situations where copyrights are found to be prejudicial to the public good or individual rights. For individuals or organizations harmed by a registered copyright or related right,...

27 March

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Registering related rights (performances, phonograms) in Myanmar: What process and benefits?

Posted by Vu Thu Uyen

in Copyright, Myanmar

Download Per Article 53 of Myanmar's Copyright Law, owners of related rights, including performances, phonograms, and presumably other related subjects like broadcasting rights are entitled to apply for registration of their related rights. The registration of these rights is akin to the registration of literary or artistic works but tailored to recognize the unique nature of these categories. KENFOX provides the below analysis on how the registration process differs and the type of evidence registration provides. 1. Registration process for owners of related rights: How different [1] Application specific to related rights: While the fundamental process of applying to the Registrar and paying...

27 March

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Obtaining a certified copy of the Certificate of Copyright Registration in Myanmar: How?

Posted by Vu Thu Uyen

in Copyright, Myanmar

Download The Certificate of Copyright Registration in Myanmar is the official record that your work is protected under Myanmar's Copyright Law. It serves as prima facie evidence of copyright ownership and the date of creation, crucial for enforcing copyright, licensing, transferring rights, and possibly in court proceedings related to copyright disputes. But what happens when this critical document is lost or damaged? As per Article 51 of Myanmar's Copyright Law, it is possible to obtain a certified copy of the Certificate of Copyright Registration should the original certificate become lost or damaged. 1. Steps to obtain a certified copy of Copyright Registration Certificate...

27 March

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How to Ensure Compliance of Copyright Applications and Key Reasons for Copyright Application Rejections in Myanmar

Posted by Vu Thu Uyen

in Copyright, Myanmar

Download The key to a successful copyright application in Myanmar lies in the provision of complete and accurate information about the work and its copyright owner. KENFOX would like to provide below essential insights and details to help copyright holder prepare, ensuring a smooth copyright registration process in Myanmar. 1. Ensuring complete and accurate Information Article 47 of Myanmar's Copyright Law outlines that the Registrar (i.e., Director General of the Department of Intellectual Property) will notify the applicant to revise and resubmit their application for copyright registration if it does not conform to certain stipulations. Typical requirements for copyright registration applications usually include: • ...

26 March

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Myanmar’s Copyright Law 2019 – What is it provided for?

Posted by Ly Dinh

in Copyright, Myanmar, Notable Articles

Download Myanmar's Copyright Law, enacted as The Pyidaungsu Hluttaw Law No. 15, 2019, comprises 24 chapters, each addressing various aspects of copyright and related rights protection, administration, enforcement, and penalties. KENFOX would like to provide below some basic details of the law with a hope that they will help IPR holders understand about the key provisions and mechanisms thereof and how to effectively manage, protect, and enforce their copyright and related rights in Myanmar. Chapter I - Title, enforcement, and definitions (including 02 articles, Articles 1-2) Establishes the law's title, its effective date, and provides definitions for terms (e.g., "author," "copyright," "intellectual property...

26 March

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Term of copyright protection under Myanmar’s Copyright Law: How long?

Posted by Ly Dinh

in Copyright, Myanmar

Download Knowing the duration of copyright protection ensures compliance with the law, helping to avoid unintentional infringements that could lead to legal disputes, penalties, or loss of rights. It also informs users about when a work enters the public domain and can be used without permission. For creators and copyright owners, understanding the duration of protection is essential for planning how to exploit their works commercially. The term of copyright protection is provided as per Article 17 of Myanmar's Copyright Law, even for works that are not registered. Under Myanmar's Copyright Law and the copyright laws of many other jurisdictions, the protection...

26 March

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Cancelling a copyright or related right registration in Myanmar: How?

Posted by Ly Dinh

in Copyright, Myanmar

Download Articles 55, 56, and 57 of Myanmar's Copyright Law provide for the grounds and procedures for canceling a copyright or related rights registration. KENFOX would like to provide below essential insights and details to help the concerned parties to take propeer actions concerning copyright/related cancellation in Myanmar. 1. Filing an application for cancellation Under Article 55, if it is found that a registered copyright or related rights is “prejudicial” to any person or to public interests, a cancellation can be requested. Such adverse impact, or prejudiciality, can manifest in various ways: • Monopolization of public domain works: If a work that should...

26 March

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Economic rights and moral rights of copyright owners in Myanmar

Posted by Ly Dinh

in Copyright, Myanmar

Download 1. Economic rights of copyright owners in Myanmar: What are they Under Myanmar's Copyright Law, Articles 18 and 19 define the economic rights granted to authors and copyright owners, encompassing a broad spectrum of exclusive rights that allow for the commercial use and control of their works. KENFOX provides below the relevant economic rights so that authors and copyright owners can take relevant actions under Myanmar laws. Economic Rights Granted (Article 18) [1] Reproduction: The right to make copies of the work in any manner or form, including any permanent or temporary storage of the work in electronic form. [2] Translation, adaptation, arrangement, or...

20 March

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Industrial Design Registration in Cambodia: How to Overcome Refusal for Successful Protection

Posted by Vu Thu Uyen

in Cambodia, Industrial Design, Notable Articles

Download Today's product appeal is not limited to quality issues. A product with good quality, but the design is not beautiful or sophisticated, is no longer the top priority choice of consumers. Gone are the days when consumers only preferred something that was sturdy, durable, or had better wood than good paint. High quality, but without creativity in design, the product will be less attractive, losing its advantage over a sea of similar offerings. Uniqueness and novelty in design are the keys to helping products stand out, strengthening their position and increasing profits for businesses in the market. Creating a product with...

20 March

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How to Prove a Generic or Descriptive Sign Is Eligible for Registration in Myanmar?

Posted by Vu Thu Uyen

in Myanmar, Trademark

Download A mark lacking inherent distinctivness or being descriptive of the goods of services can still achieve registration in Myanmar under Section 13 of Myanmar’s New Trademark Law if it satisfies either of the following requirements: (i) If the mark’s distinctiveness is known among consumers due to its use before the date of application for mark registration, or (ii) If the applicant, in good faith, is exclusively using the mark continuously within the commercial area of Myanmar. Despite these provisions, it remains unclear how the law determines a mark to be sufficiently "known" among consumers for eligibility, or the extent of...