Myanmar: IP Update | November 2024

14 Nov 2024    5 minute read

In brief

The Patent Law took effect on 31 May 2024. To implement the Patent Law, the Intellectual Property Agency issued the service fee schedule for applications related to patent and utility model registration (Notification No. 2/2024) on 22 October 2024. Furthermore, the Myanmar Intellectual Property Department (MIPD) has also conducted training on the ‘Patent Registration System’ for representatives handling patent applications. The MIPD has rolled out the electronic patent registration system on 31 October 2024.

For more information about the Patent Law, please refer to our newsletter of 10 June 2024.

Similarly, the Copyright Law took effect on 31 October 2023 allowing right owners to apply for copyright registration on a voluntary basis starting 9 February 2024. On 5 November 2024, the MIPD announced (Notice No. 17/2024) the number of literary and artistic works that may be included in per application fee, around USD 48.

For more information about the Copyright Law, please refer to our newsletter of 21 March 2024.

Contents

  1. Official fees for patent/utility model application
  2. Representative for patent/utility model application
  3. Copyright fees
  4. Key takeaways
  5. Official fee schedule for patent and utility model applications
  6. Number of literary or artistic works permitted per application

Official fees for patent/utility model application

The official fees for patent and utility model applications are approximately USD 240 per application, covering up to five claims. Annual fees are structured incrementally, starting at around USD 96 for the first year and increasing to USD 715 by the 20th year. Additionally, the substantive examination fee charged by the MIPD is about USD 476. Where a substantive examination is required to be conducted by an Intellectual Property Office of a foreign country, the examination fees are subject to that office.

Fees details are set out at the end of this newsletter.

Representative for patent/utility model application

The MIPD conducted its first training on the 'Patent / Utility Model Registration System' in October 2024. Individuals who successfully completed the training may serve as representatives for IP owners in the patent or utility model application process.

Copyright fees

The official fee payable to the MIPD for the application for registration of a literary or artistic work, or a related rights object, is about USD 47. Further to this official fee per application, The MIPD has established limitations on the number of works that can be included in an application for a literary or artistic work. For instance, an application may include up to five works of applied art.

Fees details are set out at the end of this newsletter.

Key takeaways

Given that Myanmar's full suite of IP rights registration is in effect, it would be prudent for IP owners to review the scope of their current and future product and service offerings to ensure that they have relevant applications to protect their rights and interests in Myanmar covering all forms of IP.

Registering IP rights can confer many benefits, including the ability to license the IP, deter unauthorized third-party use and increase the value of your business.

IP rights owners should consider ways to maximise protection, including for example, applying to register logo and device marks for copyright protection given it is cost effective and relatively quick to obtain registration.
To learn more about these issues and how they affect you, including maximising your IP rights protection in Myanmar, reach out to your usual Baker McKenzie contact.

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

Official fee schedule for patent and utility model applications

 

S/n Service Fee
1

Application for a patent or utility model application (PT/UM-1 Form)

  1. Up to five claims and 20 pages
  2. For each additional claim after the first five claims
  3. For each page after the first 20 pages
 MMK 500,000 (approx. USD 240)
MMK 20,000 (approx. USD 10)
MMK 3,000 (approx. USD 1.4)
2 Application for early publication (PT/UM-1(c) Form) MMK 150,000 (approx. USD 72)
3 Application for the division of an application (PT/UM-3 Form) MMK 500,000 (approx. USD 240)
4 Application for conversion (PT/UM-4 From) MMK 100,000 (approx. USD 48)
5 Opposition (PT/UM-6 From) MMK 500,000 (approx. USD 240)
6 Application for the substantive examination of a patent application (PT-8 Form)   MMK 1,000,000 (approx. USD 476)
7 Application for amendment (PT/UM-9 Form) MMK 100,000 (approx. USD 48)
8 Application for a certified true copy of patent or utility model certificate (PT/UM-10 Form) MMK 50,000 (approx. USD 24)
9 Application for the correction of registration (PT/UM-11 Form) MMK 150,000 (approx. USD 72)
10
  1. Annual fee for a patent application and patent
  

From first year to twentieth year

 Fees payable from the third year to the twentieth year range from MMK 200,000 (approx. USD 96) to MMK 1,500,000 (approx. USD 715).
  1. Annual fees for a utility model application and utility model
  

From first year to tenth year

 Fees payable from the third year to the twentieth year range from MMK 200,000 (approx. USD 96) to MMK 1,500,000 (approx. USD 429).
Late fee 50% of the fee for the current year
11 Application for reinstatement of rights (PT/UM-13 Form) MMK 500,000 (approx. USD 238)
12 Application for the recordal of a transfer of rights (PT/UM- 14 Form) MMK 100,000 (approx. USD 48)
13 Application for the recordal of a licence (PT/UM-15 Form) MMK 100,000 (approx. USD 48)
14 Application for the cancellation of the recordal of a licence (PT/UM-16 Form) MMK 50,000 (approx. USD 24)
15

Application for the revocation of patent or utility model right (PT/UM-19 Form)

  1. Patent
  2. Utility Model
 MMK 700,000 (approx. USD 334)
MMK 500,000 (approx. USD 24)
16 Application for the cancellation of an appointment of representative or change of representative (PT/UM-20 Form) MMK 50,000 (approx. USD 24)
17 Application for the registration of patent agent (PT/UM-21 Form) MMK 300,000 (approx. USD 143)
18 Application for the renewal of the registration of patent agent (PT/UM-22 Form) MMK 200,000 (approx. USD 96)
19 Late fee for the renewal of the registration MMK 50,000 (approx. USD 24)
20

Appeal (PT/UM-23 Form)

  1. Patent
  2. Utility Model
MMK 700,000 (approx. USD 334)
MMK 500,000 (approx. USD 24)
21

Application for an extract of information and document from the register (PT/UM-24 Form)

  1. Up to 20 pages
  2. For each additional page after the first 20 pages
 MMK 30,000 (approx. USD 15)
MMK 1,000 (approx. USD 0.5)
22 Application for an extension of time (PT/UM-25 Form) MMK 100,000 (approx. USD 48)
23 Registration fee for the certificate of patent or utility model MMK 50,000 (approx. USD 24)

 

Number of literary or artistic works permitted per application

No. Type of work Number of works that may be included in an application Fees
1 Music Up to 12 pieces MMK 100,000 (est. USD 48)
2 Poem Up to 10 poems MMK 100,000 (est. USD 48)
3 Single frame cartoon Up to 10 frames MMK 100,000 (est. USD 48)
4 Short cartoon story Up to 5 stories MMK 100,000 (est. USD 48)
5 Short story Up to 5 stories MMK 100,000 (est. USD 48)
6 Article Up to 5 articles MMK 100,000 (est. USD 48)
7 Photo Up to 5 photos MMK 100,000 (est. USD 48)
8 Work of applied art Up to 5 pieces MMK 100,000 (est. USD 48)


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Contact Information
Andy Leck
Principal
Singapore/Yangon
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andy.leck@bakermckenzie.com

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