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ASEAN Trademark Information

ASEAN Trademark Information

Asean Group

myanmar 

Myanmar

thailand

Thailand

 

cambodia

Cambodia

la

Laos

vietnam

Vietnam

 

1.      Legislation:

In the current condition, Myanmar has no IP Laws. However, it does not mean that IP rights are unprotectable at all now in Myanmar. General laws such as Penal Code and some civil laws ensure for protection of the rights of proprietor of the trademark with effective remedies.

In Myanmar, as domestic legislations, IP rights are protectable under the following existing laws:

(a)    Myanmar Penal Code

(b)   The Myanmar Merchandise Marks Act;

(c)    The Registration Act:

(d)   The Specific Relief Act; ( 1877)

(e)    The Myanmar Copyright Act;

(f)    Myanmar Foreign Investment Law ( 1989)

(g)   Myanmar Citizen Investment Law  ( 1989)

(h)   The Sea Customs Act

(i)     The Television and Video Law; and

(j)     The Computer Science Development Law

2.      Definition:

“Mark” includes a device, brand, heading, label, ticket, name, signature, word, letter or numeral or any combination thereof.

“Trade Mark” means a mark used or proposed to be used in relation to goods for the purpose of indicating or so as to indicate a connection in the course of trade between the goods and some person having the right, either as proprietor or as registered user, to use the mark whether with or without any indication of the identity of that person.

3.      Registration Office

The office of the Registrar of Deeds and Assurances

4. Criteria:

In Myanmar, trademark rights are protected under Section 54 of Specific Relief Act, 1877 and Common Law. An action for infringement of the trademark is maintainable by means of a civil suit under section 54 of this Act that authorizes the court of law to grant a perpetual injunction against the infringer.

In addition to the civil litigation, criminal action under the Penal Code also is possible against a person using false trademark or counterfeiting a trademark, or making or possessing any instrument for counterfeiting a trademark or selling goods marked with a counterfeiting trademark.

Section 18(d) of the Sea Customs Act prohibit export or import by land or sea of goods having applied a counterfeit trademark.

5. Membership:

Myanmar is not entered into the Paris Convention and Madrid Protocol

6.Eligibility:
The practice in Myanmar regarding the Trademark, at the present is:-

1.   Registration of the Ownership of the Trademark with the Registrar of Deeds and Assurances.

2.      Issue of Cautionary Notice in the local newspaper

3.      Renewal of registration and fresh cautionary notice periodically, i.e every three years.

It is possible for a proprietor to register his trademark by means of a “Declaration of Ownership of Trademark” with the Office of Registrar of Deeds and Assurances under the Direction No. 13 of the Inspector General of Registration. In addition to the general provisions of the Registration Act, the Direction still stands as the sole authority on defining particular procedure and method of trademark registration.

7. Rule of Priority:

“First to Use” is the rule followed by Myanmar in determining priority of trademarks.

8. Duration and Renewal:

In practice, renewal of registration is usually done once in every three-year by one of the following ways:-
- Renewal by re-registration in the form of Declaration
- Renewal by re-publication in the local daily newspapers or weekly journals
- Renewal by both re-registration and re-publication

 

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