In Brief:
On 18th October 2023, the State Administration Council (SAC) issued the notifications no. 217/2023 and 218/2023 to set out the enforcement date of Myanmar Industrial Design Law and Copyright Law. These announcements indicate the beginning of primary protection framework for industrial designs and copyrights in the country.
Key Takeaways:
Industrial Design Rights
| Relevant Law: | Industrial Design Rules with Notification No. 67/2023, dated 29th September 2023. |
| Effective Date: | 31st October 2023. |
| Relevant Authority: | Myanmar Intellectual Property Department (MIPD). |
| Prescription: | Procedures of industrial design registration, guidelines, requirements, procedures of withdrawal the industrial design, opposition, and all applicable procedures. |
Copyrights
| Relevant Law: | Copyright Right Rules with Notification No. 70/2023, dated 24th October 2023. |
| Effective Date: | 31st October 2023. |
| Relevant Authority: | Myanmar Intellectual Property Department (MIPD). |
| Prescription: | Registration procedures, guidelines, and all applicable procedures. |
Conclusion:
Under the forthcoming Copyright Law, which replacing the old Copyright Act of 1914, copyrights will automatically be protected without the need for compulsory registration. However, this new legislation introduces an option for rights holders to proactively record their copyrights in Myanmar. Such recordals can provide as the strong evidence of ownership in the event of conflict and when seeking to enforce over their copyrighted work.
Myanmar Intellectual Property Department (MIPD) will soon issue the notification for application forms and official fee to register the industrial designs and copyrights in Myanmar.
We will continue to monitor for implementing the Industrial Design Law and the Copyright Law in Myanmar and keep you well informed.