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World Trade Review interviews Fabrice Mattei on the new design law

22 Feb 2019

Industrial Design Law adopted by Parliament – key points highlighted

 

  • Industrial Design Law was passed by Assembly of Union on 30 January 2019

  • Protection will be available for any industrial design which is new

  • All designs recorded in Myanmar will become invalid and unenforceable when new law comes into force

The Myanmar Industrial Design Law was passed by the Assembly of the Union on 30 January 2019 following its adoption by the Lower House and the Upper House. The Myanmar Patent and Designs (Emergency Provisions) Act 1946 is repealed by this law according to Article 87.

 

Protection will be available for any industrial design which is new. According to the law, an industrial design shall be regarded as being new unless it was printed, used, published, displayed or disclosed in any manner in Myanmar or not for public information before its application date in Myanmar or priority claim, if any.

 

An industrial design shall not be regarded as being new if it is combined with, or not significantly different from features of the commonly known industrial designs. Protection will not be available for industrial designs which includes technological or functional features or creations.

 

Other salient features of the law are as follows:

  • Multiple design applications are available.

  • Priority claims are available.

  • Employer and employee rights are available.

  • Pre-grant opposition and post-grant cancellation actions are available.

  • There is a maximum protection period of 15 years (initial period of five years, plus two renewals).

  • There is a possibility for applicants to postpone the publication of a design in the Design Gazette.

  • There is a formality and substantive examination.

  • Civil remedies are available in the form of injunctions and damages.

  • Criminal remedies are available only in case of misleading statement that a design is registered when, in reality, it is not. There are no criminal remedies available in case of infringement of a third party’ s registered design.

  • There is no provision to refile designs which were recorded under the Registration Act of 1908 with the Registry of Deeds and Assurance, which means that all past designs recorded in Myanmar will become invalid and unenforceable when the new law comes into force.

 

The Industrial Design law will require an implementing regulation to address various procedural aspects. This will involve three steps:

  • The president of Myanmar to issue notification for enforcing the industrial Design Law;

  • An implementing regulation to be issued; and

  • An IP Office to be established to receive design applications

The law may then be implemented around May 2019.

 

Fabrice Mattei

 

 

https://www.worldtrademarkreview.com/

 

 

 

 

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