table of contents
Overview
| (1) Capital | Nay Pyi Taw |
| (2) Population | 5,148 people (December 2015) |
| (3) Area | 68 square kilometers (approximately 1.8 times Japan) |
| (4) Language | Myanmar |
Legislation regarding intellectual property protection
In Myanmar, legal frameworks for the protection of intellectual property rights were not sufficiently developed. With support from the Japanese government, the Trademark Law and Design Law were enacted on January 30, 2019, the Patent Law was enacted on March 11 of the same year, and the Copyright Law was enacted on May 24 of the same year for the first time in about 100 years. The revision was also realized.
The enforcement of the above law was delayed significantly due to the spread of the new coronavirus and changes in the political situation, but enforcement of the Trademark Law began on April 1, 2023. It is thought that other design laws, patent laws, and new copyright laws will come into force in the future, but it is not clear as of October 2023.
Trademark law
A priority measures period known as the soft opening period began on October 1, 2020. This is a priority application for registered trademarks based on the registration law under the old law (registering a declaration of ownership and publishing it in a daily newspaper to let the public know that you are the trademark right holder). This is based on the perspective that it would be unfair to require everyone who was registered under the old law to file a new application. This soft opening period will end on March 31, 2023, and applications that have completed the formal procedures will be given a uniform registration date of April 26.
April 26, 2023 will be the grand opening date, and for six months from that date, applications based on registered trademarks based on the registration law under the old law will be accepted as a transition period. (However, the filing date is expected to be later than the group of applications for which priority treatment is granted.)
Main contents
- Duration: 10 years
- The examination is basically a formal examination.
> ⇒ Previous similar trademarks will not be examined (or only a simple check) - If an application gazette is issued and a third party files an objection within 60 days after publication, substantive examination will begin in response to this.
⇒If it is determined that there is no reason for the opposition, it will be registered. - Even if no opposition is filed within 60 days after the publication of the application gazette, the application will be registered.
- There is an invalidation trial system after registration.
- There is a system for appealing against decisions not to approve registration.
Patent/design system
*We will continue to keep an eye on new information regarding patents and design laws and will post information as needed.
Patent attorney advisor Shuichi Goino
