Tuesday, 12 February 2019

Myanmar: New Trademark and Industrial Design Law have been enacted


On February 5, 2018, Amyotha Hluttaw, the Upper House of the Parliament of Myanmar ratified the Trademark, Patent, Industrial Design and Copyright Bills. On 12 December 2018, Pyithu Hluttaw, the Lower House of Parliament, announced that the Trademark Bill submitted by the Upper House was approved. On 17 December 2018, the Lower House announced that the Industrial Design Bill submitted by the Upper House was approved. On 22 January 2019, the Upper House approved the Trademark Bill and Industrial Design Bill (resubmitted with amendments by the Lower House). On 24 January 2019, Pyi Daung Su Hluttaw (Union Parliament) approved the Trademark Bill and Industrial Design Bill. On 30 January 2019, the Union Parliament enacted the Industrial Design Law (under Pyi Daung Su Hluttaw law Number-2) and Trademark Law (under Pyi Daung Su Hluttaw law Number-3) after signing and approval by the President.

As per the report, under the new IP regime, the person will be able to file for trademark and service marks at the Myanmar IP Office and they will also be able to apply for collective marks, certification marks, product packaging and 3D logos. As per the current bill, GI applications are also included as a subsection of trademarks law. When the new IP laws come into force, the registration will be obtained on a “first come, first served” basis.

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