2016 Feb MIP Update Myanmar IP Laws

INTERNATIONAL BRIEFINGS
MYANMAR application. The term of a registered in- Protection of Industrial Property, nor is
dustrial design is five years from the ap- it a signatory to the Berne Convention
Update on Myanmar’s plication date, and it can be renewed for for the Protection of Literary and Artistic
IP laws two additional terms of five years each. Works. It has, however, signed the TRIPs
Tilleke & Gibbins The duration of a registered industrial de- Agreement under the WTO and is there-
Bangkok sign is 15 years. fore obligated to implement adequate IP
legislation.
Importantly, this law empowers the
Union Supreme Court to establish an IP Under the draft copyright law, protection
office and IP courts to hear IP cases. In will cover works created by nationals of
Yuwadee Thean-ngarm and Shalini Ghosh addition, it will repeal The Burma Patents other member states that adhere to
and Designs (Emergency Provisions) treaties or conventions that relate to
yanmar’s general election, Act, 1946. copyright. The protection will principally
M which took place on November

8, was the first nationwide vote
since the military junta’s dissolution in Draft Patent Law
last for the lifetime of the creator and an
additional 50 years after his or her death.
The infringement of copyright is consid-
2011. It was also the first poll contested ered both a criminal and civil offence.
by opposition party the National League Chapter 5 of the draft patent law holds
for Democracy (NLD) in 25 years. that a patent must be genuine, have an in- There is a lot to be said for Myanmar’s
Rapid economic reforms since 2011 ventive step, and be utilized in industry. draft IP laws. The country’s industrial de-
have resulted in enormous growth op- The term of a patent is 20 years from the sign law is separate from its patent law,
portunities. With the NLD winning a date of the patent application, and annu- unlike many jurisdictions, offering
sweeping majority in both houses of par- ity fees are to be paid to the registrar for greater protection for industrial designs.
liament, the country now enters a transi- the prescribed periods to maintain the Furthermore, the copyright law will
tional phase with the quasi-civilian patent registration. Any court proceed- recognise foreign copyright, meaning
government gradually transferring power ings relating to patents will follow the that foreign copyright holders’ works
to the NLD. provisions that are enacted for IP courts would be protected in Myanmar.
under the law on industrial designs.
It is unclear how the NLD’s win will It is expected that Myanmar’s new gov-
shape Myanmar’s economic agenda, but ernment and parliament will be set up in
foreign direct investment (FDI) in the Draft Trade Mark Law March or April 2016. The draft laws will
country has seen steady growth, provid- be open to public opinion and further re-
ing some measure of stability and pre- The term of a registered trade mark is 10 visions after they are published in a local
dictability. Aung San Suu Kyi has taken years from the filing date, and it can be re- newspaper.
steps to ensure the handover is smooth, newed for additional 10-year terms. Fur-
and she has taken a cooperative approach thermore, both domestic and foreign As the government has shown a commit-
with the military administration. In- owners of marks can apply under this law. ment to protecting intellectual property,
vestors and IP owners are certainly being Again, court proceedings will be under refining investment laws, and acclimatis-
cautious, however, allowing themselves the jurisdiction of the IP courts. ing Myanmar to the international com-
time to assess and observe the political munity, investors can feel confident that
reform process. Importantly, trade mark owners who future iterations of the draft laws will sup-
have registered a declaration of trade port foreign business.
In July, the Thein Sein government is- mark ownership with the Office of the
sued draft laws for industrial designs, Registry of Deeds and Assurances under
patents, trade marks and copyright, invit- the Registration Act before this law
ing public opinion and consultations. comes into force must apply for a new
These IP laws will have a significant im- registration under the new law, and there
pact on business, and they should make will be no transitional period. Interna-
Myanmar a more attractive country for tional trade mark owners have a priority
investment. This is because IP owners claim to register their international trade
will be better able to protect and preserve marks.
their IP rights in the country.
Draft Copyright Law

Draft Industrial Design Law
At present, protection of original literary,
According to the draft law, to be eligible artistic, musical, and dramatic works ex-
for protection, industrial designs must be ists under the 1914 Copyright Act. The
original and genuine and not published, existing law does not accord protection
used, displayed, or declared to the public to foreign copyright – Myanmar is not a
abroad or domestically before making an signatory to the Paris Convention for the
M A N A G I N G I P. C O M F E B R U A R Y 2 0 1 6 1

2016 Feb MIP Update Myanmar IP Laws

Uploaded by

Copyright:

Available Formats

2016 Feb MIP Update Myanmar IP Laws

Uploaded by

Document Information

Original Title

Copyright

Available Formats

Share this document

Share or Embed Document

Sharing Options

Did you find this document useful?

Is this content inappropriate?

Copyright:

Available Formats

2016 Feb MIP Update Myanmar IP Laws

Uploaded by

Copyright:

Available Formats

INTERNATIONAL BRIEFINGS

M which took place on November

Draft Copyright Law

You might also like