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  • Industrial designs in Myanmar

    There is no practical position of protecting patents and design per se 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 competent authority for intellectual property. However, there has not been Myanmar Patent Office yet.

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

    In this period, design can be registered under section 18(f) of the Registration Act. A design 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 avoding infringement of the right of design ownership during the period of lack of promulgated law, rules and regulations involved.

    The information and documents required for filing an industrial design in Myanmar are as follows:

    1. Information sheet;

    2. Declaration of Ownership;

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

    3. Power of Attorney;

    Power of Attorney needs to be signed and notarized.

    The signature and seal of the Notary of both POA and DOA in turn needs to be attested by Myanmar Embassy in the country concerned.

    Genral notes:

    - Time frame: the average time from filing up to the registration is from 3 to 5 months.

    - Renewal: There is not any law to regulate annuity payment as patent laws of other countries. In Myanmar, it is recommended to apply for renewal of the registration in every 3 years by registering again a Declaration of Ownership and publication of a Cautionary Notice.

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    For more information about industrial designs in Myanmar, please do not hesitate to contact us athoai le tan

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