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Amendments to Trademark Laws

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Okt 30, 2018 (Newsletter Issue 18/18)
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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 here