13 February 2019

Trademark, Patent and Design Laws Passed in Myanmar

The long-anticipated slew of intellectual property (IP) legislation namely, trademarks, patents and design laws have finally been approved by the Pyidaungsu Huttaw and passed into law. However, the date of their implementation is not yet known as the President of Myanmar will have to issue a notification on the effective date of these laws. Regulations are being drawn up and the respective IP offices and supporting administrative structures will need to be properly established first. The enforcement of the IP laws is nevertheless imminent.

Whilst it is understood that the IP laws generally follow the principles of Paris Convention, Myanmar has however not ratified the Convention. For instance, in relation to trademarks, protection will be 10 years from the filing date and renewable every 10 years. There are also provisions for criminal and administrative enforcement to tackle counterfeits. We will endeavour to provide you with a synopsis of each of the laws in due course.

In preparation of the implementation of these laws, and expecting a rush of filings on the first date of their implementation – the first to file rule will generally apply – we strongly advise placing instructions with us well ahead of time (if you have not done so already) so that documentation can be prepared in advance, particularly, as translation into local language is likely a requirement and will be time consuming. Our fee schedule will be provided as soon as we are apprised of the official fees. We will assuredly remain competitive whilst delivering the high quality of service that our clients have come to associate with us across the ASEAN region.

We aim to get you up to speed with the new IP developments in Myanmar and our IP team is pleased to advise you should you have any question or concern regarding protecting and enforcing your IP rights or that of your clients in Myanmar. Please direct any query you may have to: zicoip@zicolaw.com