INTELLECTUAL PROPERTY RIGHTS IN MYANMAR

The new Trademark Law, 2019 - is the primary law governing the mechanism of trademark registration and protection in Myanmar.
Trademark registration in Myanmar under the soft-opening period commenced from 1st October 2020. From 1st April 2021, the grand opening phase has commenced.
All applications filed during the soft-opening period (regardless of the actual date filed during this period) will bear the date of commencement of grand opening as the filing date. Applications filed after the soft-opening will bear the actual date of filing.
For getting a trademark registered in Myanmar, an application has to be filed with Myanmar Intellectual Property Office, which administers the entire trademark registration process.
It follows a 'first-to-file’ system, which means that trademark registration is mandatory for protection.
Myanmar follows the 11th edition of Nice Classification. Multi-class trademark applications are possible.
Third parties can file opposition actions against a trademark within sixty (60) days from the publication date.
In Myanmar, registered trademarks have a validity of ten (10) years from the date of application, which can be further renewed indefinitely for successive periods of ten (10) years each.
The grace period to renew a trademark after the date of expiry is six (06) months.
The term for cancellation of a registered trademark based on non-use is three (03) years from the date of registration.

Myanmar is not a member of the Paris Convention for the Protection of Industrial Property.
The Pyidaungsu Hluttaw Law No. 7/2019 (‘Patent Law’) - deals with the mechanism of patent protection in Myanmar.
For seeking patent protection in Myanmar, an application has to be filed with the Directorate of Patents at the Intellectual Property Office, established under the Ministry of Commerce, which administers the entire process of patent grant.
In Myanmar, an invention that satisfies the conditions of novelty, inventive step, and industrial applicability, subjects to patentability. Process patent and product patent are the two types of patents that can be protected.
The types of patent applications that can be filed include Non-Convention Application and Convention Application.
In Myanmar, pre-grant opposition can be filed by any third party within ninety (90) days from the announcement date.
Patents last for twenty (20) years in Myanmar. Annual fees are payable.

The Industrial Design Law No. 2/2019 - governs and deals with the mechanism of registration of industrial designs in Myanmar.
For getting an industrial design registered in Myanmar, an application has to be filed with the Myanmar Intellectual Property Office, which administers the entire process of registration.
The types of industrial design applications that can be filed in Myanmar include Non-Convention Application and Convention Application.
Opposition against an industrial design application can't be raised in Myanmar at the pre-grant stage.
An industrial design registration is valid for five (05) years from the filing date. It can be renewed twice for terms of five (05) years each. The total validity term is fifteen (15) years.
There is no grace period for the late renewal of a registered industrial design in Myanmar.

Myanmar is not a signatory to the Berne Convention for the Protection of Literary and Artistic Works.
Law No. 15/2019 of May 24, 2019 - is the basic legislation governing copyright protection in Myanmar.
For photographs, copyright expires fifty (50) years after the date the original negative from which the photograph was directly or indirectly derived was made.
For original literary, dramatic, or musical works, or an engraving published in the author's lifetime, or an artistic work (other than an engraving or photograph) published in the author's lifetime or afterwards - the copyright protection term lasts for fifty (50) years since the date of the author's death.
Copyright in a work of joint authorship expires fifty (50) years after the death of the author who first dies, or upon the death of the author who dies last, whichever period is longer.