Industrial Designs Law in Myanmar
Myanmar's Industrial Design Law (Law No. 2/2019) officially came into effect on October 31, 2023, following the issuance of Notification No. 217/2023 by the State Administration Council . This law establishes a comprehensive framework for the protection of industrial designs in Myanmar, aligning with international standards and obligations under the World Trade Organization's TRIPS Agreement and the ASEAN Framework Agreement on Intellectual Property Cooperation
📝 Key Features of Myanmar's Industrial Design Law
Registrability Criteria
Novelty: The design must be new and original, not disclosed to the public inside or outside Myanmar prior to the filing date or priority date if claimed .
Non-functionality: Designs dictated solely by technical or functional considerations are not eligible for protection.
Cultural Sensitivity: Designs contrary to public order, morality, faith, or cherished culture are excluded from protection .(Tilleke & Gibbins, mziplaw.com)
Application Process
Filing: Applications must be submitted to the Myanmar Intellectual Property Department (MIPD) via the electronic filing system, in person, or by post .
Representation: Foreign applicants must appoint a local representative using Form ID-2, which must be notarized .
Required Documents:
Completed application form (ID-1)
Drawings, photographs, or graphics representing the design
Short description of the design
Locarno classification
Priority documents (if applicable)
Employment contract (if the creator is an employee)
Official fees .
Protection Duration
Initial Term: 5 years from the filing date.
Renewal: Two additional 5-year terms, totaling a maximum protection period of 15 years .)
Official Fees
Application Fee: MMK 120,000 per design.
Renewal Fee: MMK 220,000 per design.
Other Fees: Fees for requests such as amendments, oppositions, assignments, and appeals range from MMK 35,000 to MMK 300,000, depending on the nature of the request
Rights Conferred
Exclusive Use: The registered owner has the exclusive right to use the design and to prevent unauthorized use by third parties.
Legal Actions: The owner can take legal action against infringers in civil courts .
Transfer and Licensing: The design rights can be assigned or licensed, with recordation of such transactions with the MIPD .
International Protection
Paris Convention: Myanmar is a member, allowing applicants to claim priority based on earlier filings in other member countries within six months .
Hague System: Myanmar is a contracting party, enabling international protection of designs through a single application
📌 Additional Information
Implementation: The MIPD began accepting industrial design applications on February 1, 2024, following the issuance of Announcement No. 1/2024 .
Forms and Notifications: The Ministry of Commerce issued Notification No. 71/2023 on October 27, 2023, detailing the required forms and official fees for industrial design registration .
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