Update: Procedures for obtaining industrial design protection in Myanmar

05/03/2024 - 1127 views

Following the adaptation of the Industrial Design Law (IDL) on October 31, 2023; The Intellectual Property Department (IPD) of Myanmar has declared its official commencement of accepting industrial design applications in accordance with the IDL, effective from February 01, 2024.

1. Protection criteria for industrial design in Myanmar

Accordingly, international industrial design owners including individuals and legal entities will be able to submit application for registration to IPD (through a local licensed Agent). To be eligible under the IDL of Myanmar, industrial designs must meet the following criteria:

  • Novelty: any industrial design must be novel (not related to technology and function of the product), ensuring that it has not been disclosed or made public anywhere, either within Myanmar or internationally prior to the filing date or the priority date. As a consequence, industrial designs that previously recorded ownership at the Office of the Registration of Deeds cannot be re-registered due to their lack of novelty.
  • Inventive steps: any design must not be the combination of known design features.
  • Other: any design must not be contrary to public order, morality, faith or cherished culture of Myanmar.

It can be seen that the Industrial Design Rules announced on September 29, 2023 reflect the IPD’s endeavor to harmonize design registration practices in Myanmar with international standards, particularly:

 

2. Filing requirements

 Myanmar follows the latest Locarno Classification, established by the Locarno Agreement of 1968. In addition to the general requirements for design application according to the international standards, applicant should pay attention to the followings:

– Drawings or photographs of the industrial design can be in black & white or in color (the size must not exceed 16cm and 16cm);

 – Minimum number of drawings or photographs if the representation of industrial design in 2-D is two (02) and 3-D is seven (07);

– Period of deferment for publication, if applicable;

– The documents such as Power of Attorney (POA) must be notarized by a Notary Public.

 

3. How to claim priority rights for industrial design in Myanmar:

The IPD allows applicants to claim priority rights under Paris Convention, in which the design application must be filed within six months from the filing date in a member state and the applicant must provide priority documents.

 

4. Procedures for industrial design application in Myanmar:

Upon submission, the IPD will conduct an initial examination. If the requirements are satisfied, the design will be published, initiating a 60-day period during which interested third parties can oppose registration by presenting valid grounds. If no opposition is raised, the design will then be officially registered.

An industrial design in Myanmar can enjoy protection for five years from the filing date and can be renewed twice (within six (06) months before the expiry date), each time for an additional five-year period, resulting in a total protection period of 15 years.

We, Ageless IP Attorneys & Consultants – a licensed and experienced IP Agent in Myanmar are very pleased to receive and address any inquiries you may have regarding industrial design registration in Myanmar.

Should you have any questions, please kindly contact us via our email address info@ageless.com.mm.

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