New Patent Law in Myanmar

22 February 2019
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The new Trademark Law of, 2019 (“TML”) was passed by the Union Parliament of Myanmar (Pyidaungsu Hluttaw) on 24th January 2019. Then TML comes into force, Myanmar will introduce a new regime of trademark system of Myanmar and IP Court will be established under the supervision of Supreme Court of Union of Myanmar.

Previous system of Registration of Declaration of Ownership of Trademark registered under the Deeds Registration Law 2018 with the Office for Registration of Deeds, its registration shall deem as Prima Facie Evidence and it will take consideration of IP office to grant trademark rights under section 17 (b), (4) of Trademark Law of The Republic of The Union Of Myanmar, 2019 (“TML”).

The previous first-to-use system will be replaced by a first-to-file system aligning Myanmar with international norms.

The tenure of registration for marks will be (10) years from the filing date of the application for registration, and the protection will be renewable every (10) years.

In order to register for the trade mark an applicant needs to submit:

  • An application form, filled either in Burmese language or in English
  • A request of registration.
  • The power of attorney (if the applicant has to appoint local agent to file the application).
  • Reproduction or the sample of the trade mark in accordance with the stipulations.
  • Representation or the description of the trade mark.
  • The declaration of intention to use the mark.

 

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