By Abhishek Chandok and Dhruv Mathur
The Myanmar’s State Administration Council (SAC) has recently announced the enforcement date of the Industrial Design Law and Copyright Law, which were enacted in 2019. According to recent notification nos. 217/2023 and No. 218/2023 issued by SAC, these laws have come into effect from October 31, 2023
Introduction
Myanmar’s Ministry of Commerce had unveiled the much-awaited framework for Industrial design and copyright law. These latest rules establish a comprehensive structure to govern design and protect the rights of creators. They aim to streamline the process for obtaining copyright protection and outline the necessary requirements and procedures for registering designs and copyrights in the country.
The framework addresses infringement and enforcement issues too, providing effective mechanisms to combat unauthorized use and remedies for rights violations. This robust approach strengthens intellectual property protection and serves as a deterrent to potential infringers.
In a nutshell, the enactment of rules shall serve the substantive procedures for industrial design-related matters, including appointment of representative, examination, opposition, priority claims, and registration, as well as assignment and licensing of industrial designs.
Who can file an application in Myanmar?
Individuals and legal entities can file applications to register industrial designs with the Intellectual Property Department electronically, in person (including via local representative), or by post.
Applicants who are not incorporated or are resident in Myanmar must appoint a local representative via the required form, which must be notarized by a notary public of the country where the applicant is incorporated or resides.
Design filing requirements in Myanmar
1. Applicant’s name, address, ID number (passport or Myanmar citizenship scrutiny card number for individuals, legal incorporation ID number for entities).
2. Notarized form appointing a local representative, if applicable.
3. Name, nationality, and address of the creator, if applicable, using the required form.
4. Locarno Classification and subclassification for the product associated with the industrial design.
5. Drawing, photographic, or graphic representation of industrial design.
6. Indication of the product described in the Locarno Classification.
7. Written description (up to 100 words) explaining the representation of the industrial design.
8. Number of industrial designs (up to 100; all products must be under the same Locarno Classification); and
9. Period of deferment for publication, if applicable.
Positive Impacts
1. The implementation of the new Industrial Design Law and Copyright Law in Myanmar is expected to have a positive impact on the country’s intellectual property rights. This signifies a significant step forward in Myanmar’s commitment to safeguarding and promoting intellectual property.
2. The simplified filing and registration procedures under the Industrial Design Law will greatly contribute to the protection of creators’ intellectual property rights. By streamlining these processes, applicants will find it easier to secure the legal protection.
3. The enhanced protection framework for industrial designs will provide greater certainty and security in the country.
Furthermore, aligning the copyright law with international standards will facilitate Myanmar’s integration into the global intellectual property. This marks a significant milestone in Myanmar’s ongoing efforts to modernize its legal framework.
Upcoming details
The schedule of fees and draft forms associated with industrial designs in Myanmar are yet to be announced. However, the same is expected to be announced soon in light of the fact that laws and rules in respect of industrial designs and copyright have been announced and made effective.
In conclusion, the enforcement of the Industrial Design Law and Copyright Law in Myanmar brings about a positive outlook for intellectual property rights in the country. The comprehensive framework, simplified procedures, and enhanced protection mechanisms will contribute to the growth of innovation and creativity while ensuring the rights of creators are respected and upheld.
Simon Singh, Paralegal at S.S. Rana & Co. has assisted in the research of this Article.
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