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Tran & Tran
International Intellectual Property Law Firm
Tran & Tran
International Intellectual Property Law Firm

Industrial Design in Myanmar

FILING INDUSTRIAL DESIGNS IN MYANMAR

Please kindly provide Tran & Tran with following information

  1. Name, address and nationality of the applicant
  2. Name, address and nationality of the designer
  3. Title of the industrial design
  4. Locarno Classification Index
  5. Country, application number and filing date of the original foreign application from which priority is claimed in case of priority application.

Please kindly help fulfill following documents for filing process

  1. Photos/drawings to illustrate the design in different views of front, rear, left, right, top, bottom and perspective and other supporting views such as cross-sectional or partly enlarged views (if available)
  2. English description of the design
  3. Declaration of Ownership (signed and notarized only) which includes complete data of the design, including title of design, its registration number and the country if it has already been registered elsewhere (e.g., US Application No.), and information on design owner and designers
  4. Special Power of Attorney, which needs to be notarized and duly legalized by the Myanmar Embassy

Please kindly be reminded that

There is no practical position of protecting patents and designs per se in Myanmar although there has been the Science and Technology Development Law since 1994. The Ministry of Science and Technology was newly established in Myanmar as the focal point ministry, but, till now, there has not yet been Myanmar Patent Office. However, Burma Patents and Designs Act 1945 was repealed in 1993. At the present, the Office of the Attorney-General is drafting the bills on the IP laws in compliance with the TRIPS Agreement due to the fact that Myanmar is a member of WTO, ASEAN, and at the latest, WIPO in 2001. In this interim period, patent may be registered under section 18(f) of the Registration Act as an official record. A patent may be registered with the registry of Deeds and Assurances by means of Declaration of Ownership, which is a solemn statement of facts made by the patent owner and followed by Cautionary Notice. Publication of Cautionary Notice in a local designated newspaper based on registration is the sole process to remind the public for any possible passing-off and infringement of the right of patent ownership during the period of lack of promulgated law, rules and regulations involved.