Office notification for trademark applications

The MIPD has started formality examinations (for instance, particulars of the applicants and supporting documents) and substantive examinations (for instance, distinctiveness) of trademark applications. The MIPD will then send the necessary office notifications to the applicants or their representative. The applicant must fulfil the requirements in the office notification within 30 days from receipt of the notification. If the applicant fails to fulfil the requirements within 30 days, the MIPD will deem the application to be abandoned. In such scenario, the applicant may apply to revive the application within 60 days from the deemed abandonment date. 

If the application passes examination, the MIPD will publish the mark for opposition. Any third party can file an opposition within 60 days from the publication date. If no opposition is filed within this time, the mark will be granted the registration certificate upon the payment of official fees to MIPD (approximately USD 75).

Copyright registration

The Copyright Law (2019) came into effect on 31 October 2023. Applications for the registration of copyright can be filed via MIPD's copyright registration system from 9 February 2024. For more information about the protection provided under the Copyright Law (2019), please refer to our newsletter of 15 September 2023.

Application for registration

Under the Copyright Law (2019), copyrighted works may be registered on a voluntary basis. An application for registration may be filed using the prescribed forms via MIPD's electronic filing system. The categories of copyrighted works eligible for registration are literary works, artistic works, and objects relating to the related rights of performers ("related rights objects").

For literary or artistic works, the eligible applicants are the author, successor, assignee or donee of the author. For related rights objects, the eligible applicants are the performer, producer of phonogram, or broadcasting organization, or their successor, assignee or donee. 

In either case, if the applicant is not a resident, they must appoint a person resident in Myanmar holding a national identity card. 

The applicant is required to provide information, including the following:

• If the applicant is the author, an undertaking that the literary or artistic work is the author's own creation.
• If the applicant is the performer, phonogram producer or broadcasting organisation, an undertaking that the object of the related work is their own creation.
• If the applicant is a successor, assignee or donee, evidence underlaying their entitlement to the work under the applicable law.
• If the applicant is a legal entity, proof that the signatory is authorised on behalf of the legal entity.
• A summary or description of the copyrighted work for which registration is sought.
• The country of publication and first publication date, if applicable.
• If there are multiple applicants, proof that one applicant is appointed as a signatory on their behalf.
• In the case of a derivative work, information about the original work and proof of the author's authorization.

The official fee payable to MIPD for the application for registration of a literary or artistic work, or a related rights object, is about USD 47.

Cancellation

If a registered work is found to be detrimental to the interest of an individual or organization, the affected individual or organization may apply to cancel the registration. Depending on the grounds for the cancellation, defences and other relevant information submitted by the parties, the Registrar may cancel the registration. 

Appeals

An interested party dissatisfied with the Registrar's decision may file an appeal to the IP Agency within 60 days from the publication date of such a decision. This IP Agency was formed under the Copyright Law to, among other things, hear an appeal against the decision of the Registrar. Further, an interested party may file an appeal against the IP Agency's decision to the Intellectual Property Court. 

Intellectual Property Court proceedings

The Supreme Court of the Union has conferred jurisdiction on certain courts, such as the Intellectual Property Court, to adjudicate copyright matters. The Intellectual Property Court has both civil and criminal jurisdiction over copyright matters and may hear, among others, infringement cases and interim injunction applications.

In addition, under the Copyright Law, it is an offence to reproduce, communicate or distribute to the public a copyrighted work, and possess and/or import infringing goods for a commercial purpose, without the consent of the right holder and the court may impose fines or a sentence to imprisonment for an offence under the Copyright Law. For more information, please refer to our newsletter of 15 September 2023. 

Key takeaways

Given that IP owners can now file for registration of trade marks, industrial designs and copyrighted works in Myanmar, it would be prudent for IP owners to review the scope of their current product/service offerings and future product/service offerings to ensure that their IP rights and interests in Myanmar are sufficiently protected. 

Registered IP ownership can confer many benefits, including the ability to license the IP, deter unauthorized third-party use, and increase the value of the business. In particular, the registration of copyrighted works will help to ensure sufficient evidence to prove ownership and seek damages if copyrighted works are used without permission.

We will continue to monitor these developments closely. Should you have questions or concerns, please contact any member of our team.

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Japanese version