Myanmar passes trademark and design laws

Myanmar’s new Trademark Law and Industrial Design Law were officially signed into law on 30 January 2019, heralding the introduction of more modern legal frameworks for trademarks, geographical indications and designs in the country.

The new laws are expected to come into effect once a presidential notification is issued, following the establishment of appropriate administrative structures and implementing regulations. ARISE+ IPR aims to assist the Intellectual Property Department on the development of these structures through a series of initiatives following a plan to be prepared with the office.

The Trademark Law provides for a first-to-file system, replacing the existing first-to-use regime. Trademark proprietors will be required to re-register their trademarks once the new system is in place. The term for trademark registrations will be 10 years, with renewals to be accepted up to 6 months before the expiration date.

The Industrial Design Law provides protection for designs for 5 years, renewable for further 5 year periods up to a maximum of 15 years.

Myanmar is also in the process of legislating new laws for patents and copyright, and it is anticipated that a new IP office will be established. The new laws will create an accessible and efficient system of IP registration as well as new enforcement measures, ultimately fostering further investment and economic development in the country.