Announcement: Update on Myanmar’s Copyright Law

The Copyright law, enacted on 24 May 2019, Copyright rule was issued on 23 October,2023 and was officially come into force on 31 October 2023.

What’s Protected?

The law extends protection to a wide range of literary and artistic works by citizens and residents of Myanmar, as well as those covered under conventions or treaties Myanmar is part of. This includes:

• Literary works: books, articles, computer programs, speeches, and more.
• Artistic creations: drawings, paintings, sculptures, Jewely, traditional attires, and more.
• Audio-visual content: songs, musical works, cinematographic work, etc.
• Applied art: textile designs, works of fine art, weaving work, and more.
• Scientific works: illustrations, maps, plans related to geography, architecture, or science.

Term of Copyright:

• Economic rights last for the life of the author plus 50 years. For joint authorship, it’s the life of the last surviving author plus 50 years. For works of applied art, it’s 25 years from creation.
• Moral rights are protected for the life of the author and remain indefinitely after their death.

Further information regarding the copyright registration—including the official flow chart, registration procedures, and details on associated forms and fees—are currently pending release. We appreciate your patience and encourage you to remain engaged with our updates for forthcoming details.

Announcement: Industrial Design Law and Rule Update

We wish to inform our esteemed stakeholders of the recent developments in Myanmar’s Industrial Design regulations.

Legislative Timeline:

• The Industrial Design Law was enacted on 30 January 2019.
• The subsequent Industrial Design Rule was issued on 29 September 2023.
• The law officially come into force on 31 October 2023.

Industrial Design Registration: Eligibility Criteria

To register an industrial design in Myanmar, the following entities are eligible:

• Original Creator: The individual or entity responsible for the inception of the design.
• Legal Representative: A designated representative acting on behalf of the original creator.
• Joint Creators: In scenarios where the design is a collaborative effort, all participating creators are jointly eligible.
• Employment Agreements: In the context of creations within an employment setting, either the employee or employer may register, contingent upon their established agreement.

Protection Criteria:

Industrial Design Registration: Protection Criteria

For an industrial design to qualify for protection in Myanmar, it must adhere to the following standards:

• Originality: The design should be a genuine creation, free from any imitation or replication.
• Novelty: A design is deemed new unless it has prior documentation, usage, publication, display, or has been otherwise disclosed to the public.

Industrial Design Registration: Ineligibility Criteria

Certain designs are exempt from registration in Myanmar based on the following grounds:

• Technological Scope: Designs primarily focused on technological or operational inventions are excluded.
• Cultural & Social Sensitivity: Any design that potentially compromises the peace, stability, dignity, beliefs, or cultural values of the Republic of the Union of Myanmar will not be considered eligible.

Industrial Design Registration: Procedure Overview

Prospective applicants, be they individuals or established legal entities, have the flexibility to submit their industrial design registration applications via the following channels:

• Electronic Submission: Digital applications can be seamlessly processed.
• In-Person Submission: Applicants can personally visit the designated office to submit their documentation.
• Postal Submission: Traditional mail services can be utilized for application dispatch.

For entities or individuals not resident in Myanmar or not incorporated within its jurisdiction, it is mandatory to appoint a local representative. Additionally, the accompanying documentation should be notarized to ensure its authenticity and validity.

Applicants are encouraged to adhere to these guidelines to ensure a streamlined and efficient registration process.

Application Requirements:

• Personal Identification & Legal Documentation: This includes the applicant’s name, address, and other relevant legal credentials.
• Mandatory Forms & Relevant Documentation: Ensure all requisite forms are duly filled in and accompanied by the necessary documentation.
• Design Classification: The industrial design must be categorized as per the standards of the Locarno Classification.
• Design Representation: Provide a clear and concise visual depiction of the intended industrial design.
• Design Specifications: A detailed description and specification of the product or design should be included.
• Registration Fees: Details regarding the application fee will be disclosed shortly.
• Authentication: The application must bear the authentic signature of the applicant or their designated representative.

Registration Duration:

The registration will be valid for five years from the application submission date, with options to renew twice in five-year increments.

Addressing Infringements of Industrial Design Rights

In the event of a potential infringement of registered industrial design rights, the aggrieved party has several avenues for redress:

Negotiation: Engage with the infringing party to reach a mutual understanding and resolution.

Arbitration: Leveraging a neutral third-party mediator to facilitate an agreement between the disputing parties.

Court Proceedings: In situations where both negotiation and arbitration do not yield satisfactory outcomes, seeking intervention from the judicial system becomes a viable option.

Notice Regarding Industrial Design Law Formalities:

Details pertaining to the specific forms and associated fees for the Industrial Design Law registration are still pending official announcement. We deeply value your understanding and patience in this regard. Rest assured; we are dedicated to promptly updating you with all pertinent information as it becomes available.

If you need any information, please contact.

Website: www.idgip.com

E-Mail: [email protected]

Tel: +662-011-7161 #104