Myanmar

INTELLECTUAL PROPERTY PRACTICE IN MYANMAR

 

PATENTS IN MYANMAR

There is no practical position of protecting patents in Myanmar although there has been the Science and Technology Development Law since 1994. The Ministry of Science and Technology was newly established in Myanmar as the focal point ministry, but, till now, there is no Myanmar Patent Office.

At the present, the Office of the Attorney-General is drafting the bills on the IP laws in compliance with the TRIPS Agreement due to the fact that Myanmar is a member of WTO, ASEAN, and at the latest, WIPO in 2001.

In this interim period before existence of specific IP laws, patent may be registered under section 18(f) of the Registration Act. A patent may be registered with the Registry of Deeds and Assurances by means of declaration which is a solemn statement of facts made by the patent owner. Publication of cautionary notice in a local designated newspaper based on registration is the sole process to remind the public for any possible passing-off and infringement of the right of patent ownership during the period of lack of promulgated law, rules and regulations involved.

Patent Application Requisite Information

Applicant: Full Name, Address and Nationality;

Inventor: Full Name, Address and Nationality;

Priority Data: Filing Number, Date and Country (if applicable);

International Filing Data: Filing and Publishing number (as in PCT patent application.

 

Patent Application Requisite Documentation

Patent specification (including drawings, if any) in English:

Declaration of Ownership:

Declaration of Ownership needs to be signed and notarized. In the Declaration, the complete data of the Patent (including its registration number and the country if it has already been registered elsewhere) need to be mentioned.

Power of Attorney:

Power of Attorney needs to be signed and notarized. The signature and seal of the Notary in turn needs to be attested by Myanmar Embassy in the country concerned.

Patent Search

There is neither official search system nor private search system for patent in Myanmar since Myanmar has no specific promulgated patent law and is still in the status of accomplishing redrafts on IP laws to be in compliance with TRIPS Agreement. Therefore, it is impossible to now conduct patent search in Myanmar since patent caution is hardly advertised in newspapers/ journals for publication in Myanmar jurisdiction.

Patent Examination

There is no examination procedure for patent applications in Myanmar since Myanmar has no specific promulgated patent law and is still in the status of accomplishing redrafts on IP laws to be in compliance with TRIPS Agreement.


TRADEMARKS IN MYANMAR

 

Trademark Search

Official trademark search is not available in Myanmar Registry Office. In this situation, what can be done is, conduct a private search on the base of newspaper publications by the reason that most of the trademark registrations are usually followed by publication of the Cautionary Notice in the designated local newspaper for public awareness. While there is no official search system, this private search practice gives valuable help to the trademark owners up to an extent.

Trademark Registration

In the absence of specific trademark law, trademark can be registered in Myanmar Registry Office under Section 18(f) of the Registration Act and Registration Direction 13 by means of declaration which is a solemn statement of facts made by the trademark owner.

In filing an application for registration of the Declaration of Ownership of trademark, the requisite documents are as follows:

Special Power of Attorney (POA) executed by the applicant.

This document must be duly notarized, authenticated and endorsed by the Myanmar Embassy/ Myanmar Consul/ Vice Consul/ Representative of the Government of the Union of Myanmar in some appropriate country for foreign clients.

Declaration of Ownership of Trademark (DOT) executed by the applicant.

If any Declaration was registered in Myanmar prior to this registration it is to be attached with its copies.

(Six) clear representations of the mark to be registered.

Trademark Renewal

Validity period of trademark registration is not prescribed by existing Myanmar laws. However, as per current well-established practice, trademark is to be renewed in one of these three options:

by re-registration once every three years after first registration;

by republication once every three years after first publication;

by the way of both re-registration and re-publication.

Amendment of Trademark Registration

Amendment registration can be filed for name change and address change of the applicant, mentioning the previous registration number and date.

In filing an application for registration of the “Declaration of Amendment of Trademark Ownership “, the requisite documents are as follows:

Special Power of Attorney (POA) executed by the applicant.

This document must be duly notarized, authenticated and endorsed by the Myanmar Embassy/ Myanmar Consul/ Vice Consul/ Representative of the Government of the Union of Myanmar in some appropriate country for foreign clients.

Declaration of Amendment of Trademark Ownership executed by the applicant.

A copy of previous registration.