FILING GUIDANCE FOR DESIGN REGISTRATION IN MYANMAR 2020
Name, address and nationality of the applicant;
Name, address and nationality of the designer;
Title of the industrial design;
Country, application number and filing date of the original foreign application from which priority is claimed (if priority is claimed);
Locarno Classification Index.
Declaration of Ownership (signed and notarized only); the Declaration should contain 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;
Special Power of Attorney (signed, notarized and duly legalized by the Myanmar Embassy);
Photo/Drawing set of the design;
A copy of the original registration document.
Note: the person who signs in the Declaration of Ownership and the Special Power of Attorney must be the same.
Burma Patents and Designs Act 1945 was repealed in 1993. The Office of the Attorney-General has redrafted on the IP laws inclusive of the designs law in compliance with the TRIPS Agreement due to the fact that Myanmar is a member of WTO, ASEAN, and at the latest, WIPO in 2002. The new laws of design and patent are yet to be promulgated up to this time.
In this interim period, patent/design may be registered under section 18(f) of the Registration Act 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. Publication of cautionary notice in a local designated journal or newspaper based on registration is the sole process to remind the public for any possible passing-off and infringement of the right of patent/design ownership during the period of lack of promulgated law, rules and regulations involved. Thus, design/patent application can be registered in Myanmar by means of Declaration of Ownership and followed by Cautionary Notice in a local designated journal or newspaper based on such registration. It is not required to pay maintenance fees or annuities.
Vietnam – International Patent, Trademark & Copyright Law Firm
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