Myanmar – Design and Copyright Laws

The Industrial Design Law and Copyright Law, which were both enacted in 2019, finally came into force on 31 October 2023. This development follows the coming into effect of a new Trade Mark Law earlier this year and the Grand Opening of the Intellectual Property Office on 26 April 2023.

The Intellectual Property Department (IPD) is currently offering a training course to local agents with guidance on how to apply for design registrations under the new law and then it will become possible to submit new design applications. However, the official fees have not yet been promulgated.

The Industrial Design Law provides for the registration of designs that are “new and independently created”. Absolute novelty is required, and only the aesthetic features of a product may be protected – technical or functional features are excluded from protection. Paris Convention priority claims may be made within a statutory period of 6 months from the earliest priority date, and two or more designs may be included in a single design application provided that all of the products belong to the same Locarno class. The law provides for examination of design applications, as well as post-publication oppositions by any interested person. Designs are protected for a maximum term of 15 years, subject to the payment of quinquennial renewal fees. Applications for the invalidation or cancellation of the entire or part of a registered design may be made by interested parties on various grounds.

The Copyright Law provides for the protection of literary and artistic works for a maximum term of 50 years after the author’s death or 50 years after the work has been made publicly available. The law provides for the registration of a work by the copyright owner, and a third party can subsequently apply for the cancellation of the registration on various grounds.

For any additional information or assistance with your IP matters in Myanmar, please do not hesitate to contact us.