Oct 18, 2023 (Newsletter Issue 10/23)Entry Into Force of the New Copyright LawMyanmar's Copyright Law (referred to as "the New Act"), which was enacted on May 24, 2019, has come into effect on October 31, 2023, as per Notification No. 218/2023 dated October 18, 2023, thereby repealing the Myanmar Copyright Act of 1914 (referred to as "the Old Act").
Similar to copyright laws in many other countries, copyright protection in Myanmar is now granted automatically upon the creation of a work. As a result, registering copyrights in Myanmar is considered optional but recommended for enforcement purposes.
Under the New Act, the standard term of copyright protection is the lifetime of the author plus 50 years from the year following the author's death for literary or artistic works. The Old Act, which only protected works first published in Myanmar or created by Myanmar citizens or residents provided for a protection term extending to the creator's life plus thirty years after their death.
The New Act introduces several other changes. For more details click here.Source: www.mondaq.com Mar 23, 2023 (Newsletter Issue 4/23)Long-Awaited Trademark Law in Force SoonOn 10 March 2023, the State Administrative Council issued Notice No. 80/2023 setting 1 April 2023 as the effective date of the long-awaited Trademark Law.
The IP registration system is to be introduced in four phases:
- First phase: The first soft opening of the registration system and online filing of trademarks registered under the Myanmar Registration Act, 1908 started in 2020.
- Second phase: The opening of the registration system for payment of fee and appointment of the representative (Form TM-2) expected to start at the end of May or early June 2023.
- Third phase: The grand opening of the registration system commencing one month after the second phase. Pursuantly, the old and new marks will be registrable on an ongoing basis. The time from the second phase to the third phase will be reconsidered in accordance with actual ground operations.
- Fourth phase: Establishment of the registry for Myanmar Copy Right Law and Industrial Design Law, tentatively in 2024.
The expected trademark filing will be MMK 150,000 and registration fees MMK 150,000 per class of goods and services.
Foreign trademark owners residing outside Myanmar must appoint a certified trademark representative by having the TM-2 form notarized. Foreign and Myanmar resident trademark owners must also complete and submit the TM-2 form. However, the TM-2 form does not need to be notarized.
For more information, please click hereSource: www.dfdl.com Jan 26, 2023 (Newsletter Issue 2/23)Trademark Law Expected to Be Enforced SoonOn 12 January 2023, Myanmar's Intellectual Property Department (IPD) announced that the Trademark Law, which was enacted in 2019, is expected to come into force in March 2023, without giving a specific date. Trademark registrations and procedures for accepting payments are anticipated to begin as soon as the Trademark Law comes into effect.
The grand opening of the Intellectual Property Office is scheduled for 26 April 2023.
For more information, please see here and hereSource: www.tilleke.com; www.rouse.com Aug 11, 2022 (Newsletter Issue 11/22)Official Forms for Trademark Matters IssuedOn 1 July 2022, the Ministry of Commence (MOC) issued its Notification No. 44/2022 to prescribe 19 official forms in the Myanmar and English languages for trademark matters under the Trademark Law 2019 as follows:
- TM 1 Form for filing a trademark application;
- TM 2 Form for appointment of representative(s);
- TM 3 Form of request for reinstatement of application;
- TM 4 Form of request for correction of an application;
- TM 5 Form of request for withdrawal of an application;
- TM 6 Form of request to limit the list of goods or services under an application;
- TM 7 Form of request to split an application;
- TM 8 Form for opposition against a trademark application;
- TM 9 Form of request for certified a copy of the registration certificate;
- TM 10 Form of request for amendment to a trademark registration;
- TM 11 Form of request for renewal of a trademark registration;
- TM 12 Form of request to record the transfer of a trademark registration;
- TM 13 Form of request to record the license of a registered trademark;
- TM 14 Form of request to cancel the recordal of a license of a registered trademark;
- TM 15 Form of request for invalidation of a registered trademark;
- TM 16 Form of request on cancellation of a registered trademark;
- TM 17 Form of request to change the representative(s);
- TM 18 Form of request for extension of time; and
- TM 19 Form for filing an appeal with the IP Agency.
Form TM 1 can be used for refiling for trademarks registered under the old trademark registration system and for filing for a new trademark registration. Forms TM 1 to TM 18 must be filed with the Registrar of Trademarks. Form TM 19 must be filed with the Chairman of the Intellectual Property Agency.
Foreign trademark owners must appoint a Myanmar representative for each matter. Form TM 2 (Power of Attorney) is required and must be duly notarized by a notary public. TM 2 must be filed digitally through the MOC's electronic trademark filing system or physically at the MOC's filing counters.
Source: LawPlus Ltd., Thailand Sep 10, 2020 (Newsletter Issue 14/20)
Soft Opening Starting on Oct. 1, 2020
On August 28, 2020, the Ministry of Commerce of Myanmar (MOC) issued Order No. 63/2020 to announce the Soft Opening for owners of registered trademarks and used trademarks to file their trademarks under the Myanmar Trademark Law 2019 (MTL2019). The key points of the Order are summarized below:
1. Owners of trademarks already registered with the Registry Office under the old system can re-file their trademarks starting from October 1, 2020, for the trademarks to be recognized under the MTL2019. Owners of trademarks used in Myanmar can file their trademarks with evidence of use during the soft opening. The end of the soft opening is not stated in the Order.
2. The priority registration date of the registered trademark under the old system and the priority right of the used trademark will be recognized. The application re-filing / filing date will the same as the effective date of the MTL2019 to be announced later.
3. The re-filing / filing can be made online by a non-Myanmar owner through a recognised Myanmar law firm as the local representative. A Myanmar owner can file the application in person or online without a local representative.
4. The major re-filing / filing requirements are:
- a specimen of the mark,
- a list of goods/services with the Nice classification (they must be the same as those under the DTO),
- a copy of the registered DTO,
- a copy of the published cautionary notice,
- evidence of use (such as copies of invoices/tax invoices and receipts for sales of goods/services) and evidence of advertisement for the used mark,
- evidence of trademark assignment or owner name change if the name of the owner under the DTO, and
- if the name under the application is not the same, a notarized power of attorney in case the owner is not a citizen of Myanmar.
The MOC will announce the official fee rates under a separate order before the effective date of the TML2019. This Order is not for filing a new non-registered / non-used trademark.
Registration of trademarks with the Registry Office under the old law can still be filed after October 1, 2020.
Source: LawPlus Myanmar Ltd.
Nov 19, 2019 (Newsletter Issue 16/19)
Soft Opening of New Trade Mark Register
Myanmar’s Trade Mark Act will be the first of the four new intellectual property legislation to be implemented and is expected to come into force in the middle of next year.
The Trademark Office of Myanmar is expected to begin working in form of a ‘soft opening’. Further details are expected to be released soon. During the soft launch the Office will only accept applications from trademark proprietors who have prior registrations with the Office of the Registration of Deeds.
Proprietors are strongly advised to secure the earliest filing date during this soft opening period which is expected to last three to four months. No official fees will be collected, and all applications submitted during this period will be treated as submitted on the first day that Myanmar’s Trade Mark Register is established.
For those who have not yet registered a Declaration of Ownership, should consider this as soon as possible in order to try to make use of the possibility of an early submission during the soft opening period.
Source: www.dentons.rodyk.com; www.kashishworld.com
Jan 31, 2019 (Newsletter Issue 1/19)Trademark Law EnactedOn January 31, 2019, President U Win Myint signed the Myanmar Trademark Law, approving the most anticipated piece of legislation in the country this year. The law includes 106 sections to regulate national and international protection of trademarks. The law includes the following:
- Introduction of the first-to-file framework to align with the international standards
- Term of protection is 10 years as from the date of application
- Renewable every 10 years for further 10-year periods as of section (34) of the Trademark Law
Registered trademarks recorded under current practice at the Office of the Sub-Registrar of Deeds and Assurance shall be re-registered in accordance with the provisions of the new law. Therefore, trademark owners need to re-apply their mark to gain protection under the new legislation.
The Trademark Bill is silent on whether there is a transitional period during which registered marks under the current practice remain valid for the preparation of re-application or whether there is a special examination procedure for such marks.
For more information, please click hereSource: www.bizlawmyanmar.com Oct 30, 2018 (Newsletter Issue 18/18)Draft IP Laws in Progress Progress has been made since the IP bills have been adopted by the Amyothar Hluttaw (“Upper House”) last February.
The Trademark Bill is being reviewed by the Lower House’s Bill Committee.
According to the Bill, all marks currently recorded with the Registry of Deeds and Assurance would need to re- applied when the new law enters into force, otherwise they won’t be valid. The Lower House considers adding a transitional period of 3 or 6 months to the Bill for trademark owners to re-apply their marks.
With regard to trademarks, the most important features of the Bill include:
- Introduction of first-to-file rule instead of the first-to-use rule as applied in the past;
- Registrable marks would include trademark, service mark, collective and certification marks and possibly three-dimensional marks (i.e. product shape);
For further information on the Trademark Bill, the Copyright Bill as well as on the Patent and Design Bill, please check the article of the law firm Rouse hereSource: www.rouse.com Mar 15, 2018 (Newsletter Issue 5/18)
Final Revisions of IP Bills
The pending IP bills in Myanmar on copyright, trademarks, industrial designs, and patents were passed by the National Parliament (Amyotha Hluttaw) on February 15, 2018.
This development signals the movement of the bills from the Myanmar National Parliament to the People’s Parliament (Pyithu Hluttaw), where the final revisions to the bills may be made.
This is the furthest stage to which the four IP bills have advanced in the legislative process since they were first announced to the public
Source: www.bakermckenzie.com
Oct 24, 2017 (Newsletter Issue 18/17)Draft Trade Mark Law PublishedFrom August 8-10, 2017, the draft of Myanmar’s Trade Mark Law has been published in newspapers for public comment.
The bill is now being reviewed by the concerned Draft Law Committee of the Parliament. Its approval is expected by the end of this year.
As a member of the World Intellectual Property Organization (WIPO) and the World Trade Organization (WTO), the nation is expected to deliver its IP laws in the near future to provide protection for trademarks, copyright, patents, and other intellectual property.
For further information, please read the article of the law firm Mirandah Asia from Singaproe here
Source: www.mirandah.com Dec 06, 2016 (Newsletter Issue 22/16)
Draft Trade Mark Law in Progress
Myanmar’s Draft Trade Mark Law is expected to be passed in 2017. This signals substantial changes to the current process which is based on common law and common practice rather than statute. The Draft Law intends to import structure and certainty into Myanmar’s trademark regime to generate greater protection and preservation of intellectual property and to meet international obligations derived from the Agreement on Trade-Related Aspects of Intellectual Property Rights (TRIPs Agreement).
The new laws set the parameters for what constitutes a trademark and confirms that trademark protection will also be available for service marks, collective marks, certification marks and series of marks.
Under the new laws, a draft of which was made public in July. The proposed changes are:
- First-to-use system will be replaced by a first-to-file system aligning Myanmar with other ASEAN nations.
- Registration will confer protection for 10 years from the filing date, and is renewable every 10 years.
- Trademark owners will have the ability to file litigation in both civil and criminal actions against infringers in specialist Intellectual Property courts, which are in the process of being established.
- Local agents are still required to file trademarks on behalf of individuals or corporations whose ordinary residence or principal place of business lies outside Myanmar.
- Trademarks under the new laws must be distinctive and must not be registered in bad faith.
- Upon receiving the requisite forms and information the Registrar will perform an inspection and publicise the trademark inviting opposition within a defined period of time (30 days if the opponent resides in Myanmar and 60 days if the opponent resides outside Myanmar).
- A trademark can be cancelled if determined as unregistrable under the new laws. The grounds for cancellation also encompass non-use for three consecutive years, and therefore trademark owners should ensure they are actively using their trademarks in Myanmar.
To facilitate the move from first-to-use to first-to-file a transitional period of three years has been proposed to commence on the date the new law enters into force.
Owners who have a trademark recorded on the Registry of Deeds and Assurance must re-file their trademark with the Myanmar Intellectual Property Office (MIPO) when the new law comes into effect. This would preserve priority under the new system.
If the mark has not been re-filed with the MIPO, the record on the Registry of Deeds and Assurances will automatically expire when the transitional period concludes.
Source: DLA Piper LLP, Australia
Jul 12, 2016 (Newsletter Issue 13/16)
Documentary Requirements for Trademark Application Changed
The Myanmar Registration Office has recently implemented amendments to the documentary requirements regarding applications for trade mark registration and maintenance. The changes came into effect as of June 1, 2016.
In particular, under the new regulation, in order for an application to be accepted by the Registration Office, any applicable Power of Attorney or Declaration of Ownership / Renewal / Change of Ownership form submitted must be notarized, authenticated and legalized up to the Myanmar Embassy/Consulate in the country where the applicant company is incorporated, or (in the absence of such embassy/consulate) the nearest Myanmar Embassy/Consulate. Previously, this requirement only applied to the Power of Attorney document, whilst the Declaration documents only needed to be simply signed.
The Registration Office is enforcing the new regulation strictly, with no grace period or exception made to comply. Unfortunately, this means that prospective applicants who have already executed documentation based on the old requirements will have to wait until they perfect the execution accordingly, before the Registration Office will accept their applications.
Source: www.ellacheong.asia
May 29, 2012 (Newsletter Issue 9/12)
Multiple Class Registration Now Possible
The Registration Office is now accepting multiple class registration. Previously this was objected.
It depends on the Registrar, and the new officer is currently allowing one application covering multiple classes.
Source: Tin Ohnmar Tun & The Law Chambers, Myanmar
The Trademark Law in Myanmar was passed into law on 30 January 2019 and has come into force since 1 April 2023, with Phase Two of the Soft Opening period commencing on 3 April 2023 until 25 April 2023 while the Grand Opening Period ended on 26 October 2023.
Trademark registrations under the Old System and within the transition periods are not allowed, the DIP only accepts new trademark filings now.
Myanmar adopts first-to-file system in trademark registration.
Nice classification, 12th edition.
Registrable as a trademark are all distinctive and graphically representable signs, names, letters, numbers, illustrated parts, or combinations of colors, or one such mark combined with another, in order to distinguish a particular good or service from other goods or services.
Under Article 2 of the Trademark Law, the following types are registrable as trademarks: trademarks, service marks, collective marks and certification marks.
Trademark means a mark that distinguishes the goods of one enterprise from those of another in the course of trade.
Service mark means a mark that distinguishes the services of one enterprise from those of another in the course of trade.
Collective mark means a mark owned by a collective organization, such as a society, association, or socioeconomic organizations, or cooperative of industrialists, manufacturers, or traders. This expression includes marks which distinguish the goods or services of the members of said organizations from those of others.
Certification mark means a mark which certifies the use, under the supervision of the owner of said mark, in connection with the origin, quality, type and other distinguishing characteristics of the goods or services of a mark.
Sound and smell marks can not be registered in Myanmar.
The application is filed at the Department of Intellectual Property Rights of the Ministry of Commerce of the Union government.
Multi-class applications are accepted in Myanmar.
Foreign applicants need a local agent to file their foreign applications in Myanmar.
Foreign applicants do not need a domestic registration.
An original notarized TM2 form appointing a local agent shall be submitted on filing to the Department of Intellectual Property Rights.
The application process includes a formality examination and substantive examination.
The application for trademark registration will undergo the following steps: Upon receiving the trademark application, the DIP conducts a formality check to ensure that all necessary documents have been provided and that the application meets the basic requirements including the absolute grounds for registration. After passing the absolute ground examination, the trademark application is published in the Myanmar Gazette for a period of 60 days. This publication allows third parties to review the application and file oppositions if they believe the trademark registration would infringe upon their existing rights. If no oppositions are filed during this period, the application proceeds to the next step. Following the publication period and the resolution of any oppositions, if applicable, the DIP conducts a substantive examination of the trademark application which involves a more in-depth review of the application's compliance with all legal requirements and assesses potential conflicts with other registered or pending trademarks. The DIP may also assess the distinctiveness and protectability of the trademark in this stage. If the trademark application successfully passes all the above steps and there are no further objections or issues, the DIP will proceed with the registration of the trademark.
In Myanmar, as of the current state of regulations, there is no specific time frame established for the trademark registration process. This means that, from the time of application to the point of registration, the duration remains uncertain, particularly for regular prosecutions where no opposition is involved.
National:
Objectors have 60 days from the public announcement of the application to file their opposition.
Under Article 34 of Myanmar’s Trademark Law, the term of trademark protection is set for 10 years, counted from the date of application. As per Article 35(a), trademark owners can apply for renewal within the 6 months leading up to the expiration date. Each renewal extends the trademark protection for an additional 10 years.
Practical details on grace periods for trademark renewals are available in our publication
hereThe official fee for filing a trademark application is MMK 6.
Under the new system, it is expected that a trademark application, initial single mark/single class will be approximately MMK 260 to 310. Additional class shall be MMK 10 or 15.
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