Granting Licenses for Registered Industrial Designs in Myanmar
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 license.
Step 2: Recording License Grants
If you are the owner of a registered industrial design or a licensee, you can apply to the Registrar to officially record the granting of the license. This involves submitting a certified copy of the license agreement along with the prescribed fee.
Step 3: Registrar’s Recording and Public Announcement
Once your request is received, the Registrar will proceed to record the license grant in the registration records. This ensures that the license agreement is legally recognized and documented. Additionally, a public announcement will be made according to the prescribed procedure, informing the public about the granted license.
Step 4: Cancellation of License Grant
(a) Owner or Licensee Request: If at any point the owner of the registered industrial design or the licensee wishes to cancel the granted license, they can make a request to the Registrar. This request should adhere to the stipulated procedures.
(b) Registrar’s Action: Upon receiving a valid request, the Registrar will cancel the license grant from the registration records. A public announcement will follow, as per the prescribed manner, to inform the public about the cancellation.
Step 5: Effectiveness of Authorized Licenses
It’s important to note that any authorization granted through the process of license granting will only be legally effective once an application has been submitted to the Registrar for entry into the official records. Until such authorization is duly recorded, it may not hold legal weight.
By Nguyen Vu QUAN
Partner & IP Attorney
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