MYANMAR: INDUSTRIAL DESIGN LAW AND COPYRIGHT LAW

  • 11 Dec 2023
  • Myanmar
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On October 18, 2023, the State Administration Council of Myanmar announced through Notification No. 217/2023 the Industrial Design Law 2019 and the Copyright Law of Myanmar will come into effect on October 31, 2023.

From October 31, 2023, right owners can file applications to register designs. However, the official design application forms and official fees have not been released by the Intellectual Property Department – this should take place soon. The new rules specify the application, withdrawal of application, opposition, registration, recordal of assignment, recordal of license, invalidation and cancellation and appointment of representation processes.

According to the Industrial Design Law, designs will be protected for a maximum of fifteen years. Registered designs will be protected for five years from the date of filing and can be renewed twice, each time for an additional five-year period.

The new Copyright Law 2019 protects copyrights created in Myanmar. Also, the Copyright Law 2019 protects foreign works. However, for foreign works to be protected, they first must be published in Myanmar or published in Myanmar within thirty days after their publication outside of Myanmar. To register a copyright in Myanmar, an applicant can file the application via the online system or in person at the Intellectual Property Department.

The implementation of the new Myanmar Industrial Design Law and the Copyright Law of Myanmar introduce, for the first time, comprehensive protection for industrial designs and copyrights in Myanmar. Hence, it is advisable for right holders to evaluate their IP portfolios to ensure their rights are being protected and to register their industrial designs and copyrights subject to registration in Myanmar.