Trade Mark Protection in Myanmar: A Case Study

imageedit_1_8961851529In today’s blog post we are taking a look at the trade mark protection in Myanmar, a country that is in the process of modernizing its IP laws. Even though  Myanmar has published a new Draft Trade Mark Law back in 2015, the law has still not yet come to force and in the meantime EU SMEs still  need to protect their IP in Myanmar. This blog post offers some advice on how to protect your trade mark and the design of your package in Myanmar by focusing on a recent case study. 

Trade Mark Regime in Myanmar

Compared to other South-East Asian countries, Myanmar currently has the weakest IP laws and regulations in place. Myanmar is not yet a signatory of any multilateral trade mark treaty. However, in accordance with the Agreement on Trade Related Aspects of Intellectual Property Rights (TRIPS) , to which it has acceded, Myanmar is required to implement and comply with Articles 1-12, Article 19 of the Paris Convention and the terms of TRIPS by no later than 1st July 2021. Myanmar is now in the process of drafting several IP laws

Currently, there is still neither a particular statute nor law on trade marks, nor specific provisions regarding the registration of trade marks in Myanmar. However, the Penal Code of Myanmar defines a trade mark as “a mark used for denoting that goods are the manufactured merchandise of a particular person”. Likewise, the Private Industrial Enterprise Law provides that “a business is not allowed to distribute or sell its goods without trademark”. At present, foreign companies doing business in Myanmar have been relying on these laws to enforce their IP rights relating to trade mark. Continue reading “Trade Mark Protection in Myanmar: A Case Study” »

Myanmar: New trade mark law coming soon!

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Flag_of_Myanmar_svgMyanmar has taken its first real steps towards establishing a concrete system of protecting intellectual property rights (IPR). The country’s trade mark Law is now being drafted and reviewed, and is due to take effect during the first quarter of 2014. The Myanmar Intellectual Property Office will also be set up and will soon be able to accept and register applications for trade mark registration. Looking ahead, regional ASEAN IPR SME Helpdesk Expert Darani Vachanavuttivong suggests that these developments will assure foreign investors in the country that their brands will now receive trade mark protection in line with international standards. To read more about Darani’s commentary on Myanmar’s emerging IP regime and practical information about the registration process, click here.

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Doing business in Myanmar: Part 2 – Practicalities and IP rights

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shutterstock_71051062In part one of this very mini series Your IP Insider investigated the challenges and opportunities for doing business in Myanmar. It’s here in case you missed it but today we’re revealing the key practical and intellectual property right (IPR) considerations for you as well as some conclusions….

Continue reading “Doing business in Myanmar: Part 2 – Practicalities and IP rights” »

Doing Business in Myanmar: Part 1 – Challenges & Opportunities

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Your IP Insider has been on the road recently, in fact, it’s been more of a voyage of discovery…. The subject? Myanmar.

shutterstock_71051062Political and civil unrest have kept this country in almost complete isolation for decades but with the success of the National League for Democracy in by-elections held in 2012, Myanmar is gradually opening its market to the outside world. We’re going to describe the considerations for doing business in Myanmar in a mini-series of posts starting with part 1 today: The economic situation and challenges & opportunities for European businesses. Continue reading “Doing Business in Myanmar: Part 1 – Challenges & Opportunities” »