Myanmar’s Industrial Design Law Evolution: Empowering Innovation Through Registration

§  An industrial design is not considered new if it has been disclosed to the public inside or outside of the country through writing, use, publication, display, or any other means prior to the filing date of the application or the date of priority unless priority rights are claimed in the application for the registration of the industrial design in the State.

§  An industrial design that combines features of designs already known to the public or is not notably different from a design already known to the public shall not be considered new. Consequently, industrial designs previously recorded as Declarations of Ownership of Design (“DOO”) at the Registry of Deeds and Assurances cannot be re-registered under the IDL due to their lack of novelty.

§  Industrial designs that infringe upon public peace and stability, dignity, belief, or culture of Myanmar.

§  If there are more than one applicant, the information of other applicants must be submitted together;

§  ID-2;

§  The applicant is not in Myanmar, notarized ID-2 form must be submitted.

§  If the applicant is not the creator, attach the ID-Ia;

§  Representation of ID will be attached with A4;

§  If the applicant would like to apply right of priority claimed, the certified copy of the earlier application; (Myanmar language or English language)

§  If the applicant is not the same as the applicant in the earlier application, the applicant shall submit the documentary evidence of transfer of priority rights by the previous applicant to the Registrar together with the application;

§  If the applicant would like to apply right of priority of exhibition, evidence issued by the relevant authorities of the exhibition that the industrial design has actually been exhibited at the exhibition; (Myanmar language or English language)

§  Evidence shall be submitted for both of the date of the opening of the exhibition and the date of the first public display of the industrial design in the exhibition, if these dates differ;

§  Applicant who is not the first public exhibitor of industrial design at the exhibition shall submit to the registrar, along with the application, documentary evidence of the transfer of the priority right of exhibition;

§  The Bank Receipt which has been paid;

§  In case of application by more than one applicant, only one applicant shall sign on behalf of all the applicants and submit a certified true copy of the agreement between;

§  If applying as a legal entity, a true copy of the evidence must be attached that they have agreed to sign on behalf of the entity;

§  If applying as a legal entity, the scanned copy of incorporation certificate must be attached;

§  If the applicant uses the name or image of alive person in the industrial design, the consent of that person must be attached;

§  If the applicant uses the name or image of deceased person in the industrial design, the consent of his legal representative or heir must be attached;

§  A Photos/Drawings of the design in 7 different views including front, rear, left, right, top, bottom and perspective, and other supporting views such as cross-sectional or partly enlarged views (if available);

§  A Brief Claimed of Design in English;

§  Declaration of Ownership; (This document requires signing and notarization, containing comprehensive details of the design.)

§  A Power of Attorney; (This document requires signing and notarization.)

§  Both the Declaration of Ownership and Power of Attorney must be signed by the same individual, who is an authorized representative of the company. These documents are valid for a period of 03 months from the date of execution in their country of origin.