12 January

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Industrial design Process in Myanmar: Examination, Opposition, and Registration

in Industrial Design, Myanmar, Notable Articles

Download In the realm of industrial design protection within Myanmar, the journey towards securing your design rights involves a series of meticulous steps. From initial application scrutiny to potential objections and eventual registration, understanding the process is key to successfully navigating the intricacies of industrial design protection. 1. Application Evaluation by Examiner: Ensuring Conformity with Regulations When submitting an application for industrial design registration, a diligent Examiner plays a pivotal role in ensuring its compliance with the stipulated provisions. Here's a glimpse into the examiner's responsibilities: (a) Examination and Submission: The Examiner carefully evaluates the applications to verify their alignment with the conditions outlined...

12 January

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How Do I Apply for Industrial Design Registration in Myanmar?

Posted by Vu Thu Uyen

in Industrial Design, Myanmar

Download The process of securing industrial design rights in Myanmar involves distinct stages and considerations. This guide delineates the intricate steps and requirements that applicants must adhere to when applying for the registration of an industrial design. 1. Filing an industrial design application Eligibility and Intent: Any individual or entity entitled under this Law to seek industrial design protection can submit an application for the registration of their industrial design to the Registrar, following the stipulated guidelines. This is a crucial step for those seeking to secure industrial design rights. 2. Application essentials (i) Single application for multiple designs: Applicants have the option to submit...

12 January

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What Determines Eligibility for Industrial Design Protection in Myanmar?

Posted by Vu Thu Uyen

in Industrial Design, Myanmar, Notable Articles

Download In the dynamic landscape of industrial design protection, understanding the intricate criteria that dictate the eligibility of a design for safeguarding is paramount. This comprehensive guide unveils the essential facets that shape the protection of industrial designs, offering inventors and creators a clear pathway through the complex terrain of design rights within Myanmar. 1. Unveiling the Criteria for Industrial Design Protection in Myanmar 1.1. Novelty and Originality: Central to securing industrial design protection is the embodiment of novelty and distinctiveness within the design itself, differentiating it from mere imitations or pre-existing creations. The following elements demystify the pivotal concept of novelty and...

05 January

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What Are Industrial Design Protection Criteria and Eligibility in Myanmar?

Posted by Vu Thu Uyen

in Industrial Design, Notable Articles

Download In the realm of industrial design protection within Myanmar, it is imperative to comprehend the criteria that determine the eligibility of a design for safeguarding. This guide elucidates the crucial aspects that govern the protection of industrial designs, ensuring inventors and creators navigate the intricate landscape of design rights with clarity. 1. Eligibility Criteria for Industrial Design Protection in Myanmar To qualify for protection, an industrial design must possess the qualities of novelty and distinctiveness, setting it apart from imitative or pre-existing designs. (a) Newness Requirement: An industrial design is considered new if it has not been previously documented in writing, utilized, published,...

03 January

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Trademarks and trade names: What lessons can be learned from the recent pharmaceutical trademark lawsuit in Vietnam?

Posted by Vu Thu Uyen

in Notable Articles, Trademark

Download The nearly 4-year-long lawsuit between LC Pharmaceutical Company, a client of KENFOX, and Ms. LKL, the owner of the "LC" brand, reached its conclusion on December 20, 2023. The People's Court of Ho Chi Minh City delivered its verdict, dismissing all of Ms. LKL's claims. This decision marks not only a triumph for LC Pharmaceutical Company but also signifies a turning point in the fight against trademark squatting in Vietnam, shedding light on the complicated aspects of both intellectual property and pharmaceutical laws. The path to seek justice and fight against trademark squatting in Vietnam has never been simple. In...

29 December

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Penalties for Patent Violations in Myanmar

Posted by Vu Thu Uyen

in Myanmar, Notable Articles, Patent/Petty Patent

Download When it comes to maintaining the integrity of patent rights and preserving the sanctity of the patent system, Myanmar enforces a set of penalties for various offenses. This guide outlines the specific actions that can lead to penalties, along with the corresponding consequences, ensuring that patent holders and those engaging with patents understand the legal boundaries. 1. Issuing False Patent Certificates and Registration Records Should an individual engage in any of the following activities, they could face penalties of imprisonment for up to one year, a fine of not more than two million kyats, or both: (a) False Patent Certificates: Creating, disseminating, or...

29 December

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Enforcing Patent Rights: A Guide to IPR Courts in Myanmar

Posted by Vu Thu Uyen

in Myanmar, Notable Articles, Patent/Petty Patent

Download When it comes to safeguarding patent rights and addressing potential infringements, the Intellectual Property Rights Courts in Myanmar play a vital role. This guide sheds light on the procedures and actions that can be pursued through these courts to uphold patent rights within the legal framework. 1. Initiating Provisional Measures If you, as a patent right holder, believe that your rights are being infringed upon, you have the option to seek provisional measures through the Intellectual Property Rights Court. These measures are designed to offer swift and temporary relief while the full legal process is underway. (i) Application for Miscellaneous Suit for...

22 December

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Appeals in Myanmar Patent Proceedings

Posted by Vu Thu Uyen

in Myanmar, Patent/Petty Patent

Download In the realm of patent proceedings in Myanmar, the avenue of appeal stands open for individuals dissatisfied with decisions made by the Registrar. This outlines the process for appealing such decisions and the subsequent steps to be taken. Appeal to the Agency (Section 93) If you find yourself discontented with a decision issued by the Registrar under the provisions of this Law, you hold the right to initiate an appeal with the Agency. This appeal must be filed within a timeframe of 60 days from the date of the announcement of the said decision. In the course of this appeal, the Agency wields...

22 December

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Guide to Obtaining Protection for Minor Inventions in Myanmar

Posted by Vu Thu Uyen

in Myanmar, Notable Articles, Patent/Petty Patent

Download In the vibrant landscape of innovation, Myanmar has taken strides to safeguard and stimulate the growth of minor inventions through a comprehensive framework of patent protection. As a country that values creativity and technical advancement, Myanmar offers a distinct avenue for inventors to secure their minor innovations and reap the rewards of their ingenuity. This guide sheds light on conditions, exclusions, and processes that define the realm of minor invention patents within Myanmar's legal framework. Whether you're an inventor aiming to fortify your intellectual property or a curious mind delving into the intricacies of innovation protection, this guide offers critical...

18 December

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Takedown Notices: How Do ISPs Handle Copyright Infringement Claims in Vietnam?

Posted by Ly Dinh

in Copyright, Notable Articles

Download The landscape of intellectual property rights in Vietnam underwent a significant transformation with the third revision of the Intellectual Property Law in 2022. Among the notable provisions, Article 198b introduced a groundbreaking regulation holding Intermediary Service Providers (ISPs) legally responsible for copyright and related rights infringements by their platform users. Subsequently, on April 26, 2023, the Vietnamese government issued Decree No. 17/2023/NĐ-CP, providing detailed measures to implement the Intellectual Property Law regarding copyright and related rights. 1. Responsibilities of Intermediary Service Providers Upon receiving a removal or blocking request, often in the form of a Cease & Desist Letter, from a copyright...