Intellectual Property Laws at Myanmar
Myanmar has been undergoing significant reforms to establish a modern intellectual property (IP) system, aligning with international standards and commitments as a member of the World Trade Organization (WTO) and the World Intellectual Property Organization (WIPO).
🏛️ Legal Framework
Myanmar's new IP regime comprises four key laws, all passed in 2019
Trademark Law
Patent Law
Industrial Design Law
Copyright Law These laws aim to modernize IP protection and align with the Agreement on Trade-Related Aspects of Intellectual Property Rights (TRIPS) Prior to these reforms, Myanmar relied on outdated colonial-era laws, such as the Burma Copyright Act of 1914 and provisions in the Penal Code of 1861, which offered limited protection for IP rights holders
📄 Key Features of the IP Laws
Trademark Law
First-to-File System Introduced a first-to-file system, replacing the previous use-based system.
Protection Scope Covers traditional trademarks, trade names, and geographical indication.
Duration Initial protection for 10 years, renewable indefinitely.
Opposition and Invalidation Opposition period of 60 days post-publication; invalidation actions can be filed within five years of registration
Enforcement Civil and criminal remedies, including fines and imprisonment for infringement.
Patent Law
Protection Types Covers both patents (20 years) and utility models (10 years.
Patentability Criteria Requires novelty, inventive step, and industrial applicability.
Exclusions Excludes discoveries, scientific theories, mathematical methods, and certain medical treatment.
Transitional Provisions Special provisions exempting the protection of pharmaceutical patents until January 1, 2033
Industrial Design Law
Protection Criteria Requires novelty for registration.
Duration Initial protection for five years, renewable up to 15 year.
Copyright Law
Protection Scope Covers literary, artistic, and scientific work.
Duration Life of the author plus 50 year.
Registration Voluntary registration system implemented via an electronic filing system
⚖️ Enforcement and Implementation
The Ministry of Commerce administers the IP laws through the Myanmar Intellectual Property Department (IPD. Specialized IP courts are being established to handle dispute. While the Trademark Law is fully implemented, the Patent, Industrial Design, and Copyright Laws are in the process of enforcement, with the Copyright Law enforced on October 31, 2023
🌐 International Treaties
Myanmar is a member of several key international IP treaties:
Paris Convention for the Protection of Industrial Property
Berne Convention for the Protection of Literary and Artistic Works
Patent Cooperation Treaty (PCT)
*Madrid Protocol for the International Registration of Marks
These memberships facilitate the international protection of IP rights for Myanmar creators and business.
📍 Contact Information
Myanmar Intellectual Property Department (IPD)
*Address: Ministry of Commerce, Nay Pyi Taw, Myamar
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