Geographical Indications Law in Myanmar
Here’s an overview of Geographical Indications (GI) law in Myanmar:
🇲🇲 Geographical Indications Law in Myanmar
1. Legal Framework
Myanmar’s protection of Geographical Indications is governed by:
The Trademarks Law, 2019
The Myanmar Intellectual Property Law, 2019
Myanmar is a member of the World Trade Organization (WTO) since 2020 and thus complies with the TRIPS Agreement, which requires protection of GIs.
Myanmar is not yet a member of ARIPO or OAPI and does not have a dedicated, sui generis GI law.
2. Protection of Geographical Indications
GIs in Myanmar are protected mainly through:
Certification marks or
Collective marks under the trademark system.
This means GI owners can register marks certifying that goods come from a specific geographical origin and possess particular qualities or characteristics.
There is no separate GI registry; protection falls under the trademark registration regime administered by the Myanmar Intellectual Property Office (MyIPO).
3. Registration Process
Application is made to MyIPO.
Applicants must submit:
The proposed certification or collective mark.
Evidence linking the product to a geographical region.
Product specifications and production methods related to the GI.
The trademark office examines the application for compliance.
Upon acceptance, the mark is published for opposition.
If no opposition, the mark is registered, granting GI protection.
4. Duration and Renewal
Trademark protection lasts for 10 years, renewable indefinitely.
5. Rights and Enforcement
Only authorized producers can use the registered certification or collective mark.
Owners can enforce their rights against:
Unauthorized use
False or misleading indications
Enforcement mechanisms include civil litigation and administrative remedies.
Customs authorities may be involved in border enforcement.
6. International Context
Myanmar complies with the TRIPS Agreement on GI protection but lacks a sui generis system.
Foreign GIs may be protected as certification or collective marks.
Myanmar may develop dedicated GI legislation in the future.
7. Examples of Potential GIs in Myanmar
Traditional products like Myanmar Longyi textiles, Shan tea, and Thanaka (cosmetic paste) are candidates for future GI protection.
Agricultural products such as Myanmar rice varieties may also be considered.
Summary Table
| Aspect | Details |
|---|---|
| Governing Law | Trademarks Law 2019, Intellectual Property Law 2019 |
| Protection Mechanism | Certification marks, collective marks |
| Registration Authority | Myanmar Intellectual Property Office (MyIPO) |
| Duration | 10 years, renewable |
| Products Protected | Agricultural, handicrafts, foodstuffs |
| Enforcement | Civil remedies, customs enforcement |
| Dedicated GI Law | No |
| International Compliance | TRIPS Agreement |
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