There was no specific IP Laws existed in the past in Myanmar and no trademark office was in place. In this situation, trademark owners had to register their marks at the Office of the Registry of Deeds by means of Declaration of Ownership which is the solemn statement of facts made by the trademark owner. This registration system does not include examination and opposition procedures. So, the Registry office just records what the trademark owner has declared and it does not grant exclusive ownership right. But the applicant obtains an official record that can be submitted as prima facie evidence to the Court when confronted with trademark dispute. This registration does not have validity period and the registration valid for unlimited period unless being revoked by the applicant or being cancelled by the Court Order. But , due to the fact that the long neglected trademarks are vulnerable to protect ownership right , trademark owners pursue the practice to re-new registration and/or to publish cautionary notice once every three years to show constant interest by the owner upon the mark and to refresh public awareness.
Type of IP | Related Laws |
---|---|
Trademark | Penal Code (1860) |
Merchandise Marks Act (1889) | |
Specific Relief Act (1877) | |
Sea Customs Act (1878) | |
Registration Act (1908) | |
Private Industrial Enterprise Law (1990) | |
Control of Money Laundering Law (2002) | |
Copyright | Specific Relief Act (1877) |
Sea Customs Act (1878) | |
Merchandise Marks Act (1889) | |
Television and Video Law (1996) | |
Motion Picture Law (1996) | |
Control of Money Laundering Law (2002) | |
Patent | Specific Relief Act (1877) |
Merchandise Marks Act (1889) | |
Science and Technology Development Law (1994) | |
Industrial Design | Science and Technology Development Law (1994) |
In fact, most of the above IP related laws are outdated as they were enacted in 19 century.
© 2024 HT IP Law Firm. All Rights Reserved. Web Design by NetScriper