Location
CONTENTS
CONTACT

HARAKENZO
WORLD PATENT & TRADEMARK


OSAKA
HEAD OFFICE

DAIWA MINAMIMORIMACHI BLDG.,
2-6, 2-CHOME-KITA, TENJINBASHI,
KITA-KU,OSAKA 530-0041 JAPAN
TEL:+81-6-6351-4384
(Main Number)
FAX:+81-6-6351-5664
(Main Number)
E-Mail:

TOKYO
HEAD OFFICE

WORLD TRADE CENTER BLDG. 21 F,
2-4-1, HAMAMATSU- CHO, MINATO-KU,
TOKYO 105-6121,JAPAN
TEL:+81-3-3433-5810
(Main Number)
FAX:+81-3-3433-5281
(Main Number)
E-Mail:


HIROSHIMA
OFFICE

NOMURA REAL ESTATE HIROSHIMA BLDG. 4 F, 2-23 TATEMACHI, NAKA-KU, HIROSHIMA CITY, HIROSHIMA 730-0032, JAPAN
TEL:+81-82-545-3680
(Main Number)
FAX:+81-82-243-4130
(Main Number)
E-Mail:

To be opened
on March.1.2018

NAGOYA
OFFICE

GLOBAL GATE 9F, 4-60-12 HIRAIKE-CHO, NAKAMURA-KU, NAGOYA-SHI, AICHI 453-6109, JAPAN
TEL:+81-52-589-2581
(Main Number)
FAX:+81-52-589-2582
(Main Number)
E-Mail:


In the background of the HARAKENZO trademark is a global map wherein countries/regions are sized according to the number of patents registered there in 1991.

Privacy policy


Information on Major and Emerging Economic Powers
Attorney In Charge :

: Yuki YAMAZAKI



TOKYO TEL
: 81 - 3 - 3433 - 5810
OSAKA TEL
: 81 - 6 - 6351 - 4384
TOKYO FAX
: 81 - 3 - 3433 - 5281
OSAKA FAX
: 81 - 6 - 6351 - 5664
E-mail
:
E-mail
:
HIROSHIMA TEL
: 81 - 82 - 545 - 3680
NAGOYA TEL
: 81 - 52 - 589 - 2581
HIROSHIMA FAX
: 81 - 82 - 243 - 4130
NAGOYA FAX
: 81 - 52 - 589 - 2582
E-mail
:
E-mail
:
     
     

§Information on Myanmar Intellectual Property System§






General Information

1) Capital Naypyidaw
2) Population 51.48 million (as of May 2015)
3) Area 0.68 million km2 (about 1.8 times as large as Japan)
4) Official Language Burmese




Legislation of Intellectual Property Protection

At present, Myanmar has no law for intellectual properties other than copyrights (i.e., Myanmar does not have Patent Law, Design Law, or Trademark Law). In Myanmar, legal systems for intellectual properties are now being established. Although, a draft bill for intellectual properties has been presented, it is unclear when the bill will be passed.

Under such circumstances, at present, trademarks, patents, and designs are protected by laws, such as the Common Law, the Specific Relief Act, and the Penal Code. Further, trademarks, patents, and designs can be registered by “Declaration of Ownership” under the Registration Act.





Trademark

Importance of Registration

In Myanmar, a prior user of a trademark has a priority right to register the trademark. Thus, even if an applicant registers a trademark, it does not mean that the applicant has a right of the trademark immediately.

However, trademark registration under the Registration Act is effective in a case where protection of the trademark is sought under the Common Law. In addition, such registration has an advantage in lawsuit against an infringer since a registered trademark will be considered as an evidence of ownership of the trademark.



Procedure for Protection

Although Myanmar has no trademark law, the following procedures will give protection of trademarks.

  • 1) File a Declaration of Ownership with the Registration Office
    → A Power of Attorney including a signature of an applicant (duly notarized, and authenticated by the Myanmar Consul) is also required to be filed simultaneously.
  • 2) After registration, it is preferable to publish a Cautionary Notice in a local newspaper.
    → Although publication in the local newspaper is voluntary, it allows the public to know ownership of a trademark. This will protect the trademark from passing off and infringement. In fact, in a case of lawsuit against passing off or infringement, the court considers not only registration and actual use of the trademark but also the publication in the local newspaper to be sufficient evidence.


Definition of “Mark”

Marks include any design, brand, heading, label, card, name, signature, word, letter, numeral, or any combination thereof.



Requirement for Registration

The Registration Act has no provision for the requirements for registration. The Penal Code has the provision that “in the meaning of difference between an article of a trademark owner and an article of other person, there must be “distinctiveness” (The Section 478 of The Penal Code of Myanmar).

Further, for a trademark which is used related to goods, it is required not to infringe a trademark which is already used by other person.



Registration Renewal

The Registration Act does not prescribe any validity period or renewal of trademark registration. However, as per current practice in Myanmar, the registration is required to be renewed once every three years by any one of the following procedures.

  • 1) Re-registration of the Declaration of Ownership,
  • 2) Re-publication in the local newspaper, or
  • 3) Both 1) and 2)


Flow of protection procedure


Revocation of Registered Trademark

The Registration Act has no provision concerning revocation of a registered trademark such as opposition or trial for invalidation.

If a third person who has an opposition to the registered trademark, it is required to request the court to revoke the registered trademark, and obtain an order from the court.



Relief Measure against Infringement

The following measures can be taken against infringement.


  • * Demand damages
  • * Injunction
  • * Criminal prosecution (for imitation of trademark, use of false trademark etc.)




Patent and Design

Importance of Registration

Registering a patent and design and publishing them in a newspaper have an advantage in preventing a third person from using the patent and design without permission.



Procedure for Protection

Similar to the case of trademarks, it is necessary to file the Declaration of Ownership with the Registration Office and then publish the Cautionary Notice in a newspaper.



Requirement for Registration

Novelty, an inventive step, and industrial applicability are required to seek protection.

Note that no substantial examination is carried out for registration.



Registration Renewal

The Registration Act has no provision concerning payment of annual registration fee and renewal fee. Further, similar to the case of trademarks, The Registration Act does not prescribe any validity period or renewal of registration. As per current practice in Myanmar, the registration is required to be renewed once every three years by any one of the following procedures.

  • 1) Re-registration of the Declaration of Ownership,
  • 2) Re-publication in the local newspaper, or
  • 3) Both 1) and 2)


Flow of protection procedure

The protection procedure is similar to that of trademark.



Relief Measure against Infringement

There is no actual prior decision for a case where a registered patent or design is used without permission. It seems that, similar to the case of trademarks, it is possible to demand relief measure under the Section 54 of the Specific Relief Act.




Patent and Trademark Attorney


Tokyo Legal Department Trademark Division Manager / Legal Department
Patent&Trademark Attorney
Adviser
Yuki YAMAZAKI
Yuki YAMAZAKI Born 1987
Majored in Law

Specialties: Design & Trademark

The environment surrounded by intellectual property is increasing daily on a worldwide scale. Bearing that in mind while always in accordance with the expectations of the client, I will work hard to grow and improve my skills.



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