Somphob Rodboon is granted the award of "Asia Pacific Legal Advisor"

Somphob Rodboon, Managing Partner of ILAWASIA is granted the award of Asia Pacific Legal Advisor, in recognition of his outstanding performance and dedication to business and industries in the Asia-Pacific region.

The Asia Pacific Business Awards recognize companies and organizations headquartered in the Asia-Pacific region, multinational corporations (MNCs) in APAC, entrepreneurs, CEOs, presidents, senior executives and advisors for their professionalism, performance and leadership in uncertain times.

This award not only recognizes companies and executives delivered outstanding performance, but also the ones who have made significant contributions to the industries and society. This award is not just about the accolades, it is about sharing and inspiring. The goal of this award is to share common traits of the excellent business practitioners, shining a light on these role models, and inspiring others to follow.

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ILAWASIA ranked in finalists in the Regional Intellectual Property Law Firm of the Year.

ILAWASIA has achieved finalist status in the Regional Intellectual Property Law Firm of the Year category at the ALB SE Asia Law Awards 2024. This marks the first time ILAWASIA has been named a finalist at the prestigious Asian Legal Business (ALB) SE Asia Law Awards, which recognize outstanding performance by private practitioners and in-house counsel across Southeast Asia and the wider region.

We extend our heartfelt congratulations to the IP teams across all ILAWASIA offices for their well-deserved recognition in this esteemed award.

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INTA Annual Meeting 2024 Invitation

ILAWASIA is excited to announce our attendance at the INTA 2024 Annual Meeting in Atlanta, Georgia, USA.

As the date for INTA’s 2024 Annual Meeting draws near, if you or your colleagues plan to attend, we would be delighted to schedule an in-person meeting to enhance our collaboration. Please let us know a time and date that works best for you.

Kindly set a time and date at your convenience by dropping email to us at ip@ilawasia.com

Thank you for your attention, and we wish you a safe and pleasant journey to the United States!

by wris

International Women's Day 2024

ILAWASIA’s executives, lawyers, and operational support staff came together to celebrate International Women’s Day in a spirit of unity and recognition. The event was marked by a sense of appreciation and acknowledgment for the invaluable contributions made by women within the firm and across various sectors. It provided an opportunity to reflect on the achievements of women in legal professions, highlight their leadership roles, and emphasize the importance of gender equality and empowerment in the workplace.

It served as a reminder of the ongoing commitment to diversity, inclusion, and creating a supportive environment where everyone can thrive and contribute their best.

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Meeting at Thai Intellectual Property Department

On March 11, 2024, Dr. Pollawat Suppattarasaet, IP Partner and acting on behalf of the President of the Legal Development and Assistance for SMEs Committee at The Federation Thai SMEs, along with Miss Thanapha Phetkeereeskul, Senior IP Associate at ILAWASIA, convened a meeting with Mr. Kittiwat Patchimnan, Deputy Director-General of the Thai Intellectual Property Department.

The purpose of the meeting was to discuss and find solutions aimed at supporting SMEs by leveraging intellectual property.

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The 2024 Asia IP Copyright Survey Rankings

ILAWASIA has been recognized as a Tier 2 firm in Thailand for its exceptional copyright practice in the latest Asia IP 2024 Copyright Survey. This achievement marks the thirs consecutive term of success for our firm as a Tier 2 Copyright Firm in Thailand.

The survey’s results are derived from thorough research and feedback gathered from corporate counsel, key intellectual property owners, brand portfolio managers, and other esteemed members of the global/regional IP community.

ILAWASIA offers a comprehensive range of copyright services, including filing and recordal, licensing and transactions, enforcement, and litigation.

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Career Achievement : Makara Um recognized as Lawyer Assistant.

ILAW Cambodia Law Office and ILAWASIA extend congratulations to Ms. UM, Makara for her official recognition as a Lawyer Assistant.

Ms. Makara’s identity card, numbered 5968 and issued on March 13, 2024, by the Bar Association of the Kingdom of Cambodia, enables her to assist Attorney Vicheka Lay in handling commercial and litigation matters in Cambodian courts.

Ms. Makara has been joined the firm since August 2023 and reported to Attorney Vicheka Lay, partner of ILAW Cambodia Law Office.

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Career Achievement : Vicheka Lay appointed as Kampot-Kep Provincial Chamber of Commerce

We are pleased to announce that Attorney Vicheka Lay, a partner at ILAW Cambodia Law Office, has been appointed as an elected member of the Kampot-Kep Provincial Chamber of Commerce for the 1st Mandate, 2nd Time. This appointment is in accordance with Sub-Decree No. 836 ANKr.BK, dated 17th July 2023, which was signed by former Prime Minister Hun Sen. The Sub-Decree outlines the composition of the Chamber of Commerce, with Attorney Vicheka Lay being one of the 15 elected members.

We are proud of Attorney Vicheka Lay’s dedication and commitment to serving the business community in Kampot-Kep province. We believe that his expertise and experience will greatly contribute to the chamber’s initiatives and objectives.

Please join us in congratulating Attorney Vicheka Lay on this significant achievement.

#SuccessStories

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Event Attendance : Certificate of Legal Mark Agent in Cambodia

On 19th March 2024, as a licensed trademark attorney and IP practitioner, attorney Vicheka Lay, partner of ILAW Cambodia Law Office, attended the event of conferring the “Certificate of Legal Mark Agent” at the Ministry of Commerce.

This participation is proving that ILAW Cambodia Law Office is and remain committed to all IP services, in particular, trademark, patent, copyright, industrial design, trade secret, and all other forms of IP.

by wris

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

A. Introduction

After a long wait, Myanmar has finally begun accepting design registrations and has adopted the Industrial Design Rights Law, which provides a total 15-year term of rights, benefits, and protection to the registrants.

B. Background and Development on Myanmar’s Industrial Design Rights Law

On January 30, 2019, Myanmar passed the Industrial Design Law (“IDL”), set to take effect on October 31, 2023, marking a significant step forward in protecting intellectual property rights within the jurisdiction. The Industrial Design Law sets out the criteria for registrability, such as novelty both domestically and internationally, along with provisions for priority rights for applications filed in other member countries of the Paris Convention or World Trade Organization. IDL also outlines the duration of protection, enforcement mechanisms through civil and criminal actions, and the establishment of administrative bodies, notably the Intellectual Property Rights Courts, for other implementations in the future.

C. Eligibility criteria/Ineligibility criteria for industrial design registration

 

Industrial designs eligible for registration must adhere to the following criteria:

Industrial designs meeting the following criteria or conditions are not eligible for protection:
  • Any industrial design shall be protected if it is ‘new’ and independently created. It is crucial to note that it must be new and not previously disclosed or made public, either within Myanmar or abroad.
  • 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 incorporate technical or functional inventions.
  • Industrial designs that infringe upon public peace and stability, dignity, belief, or culture of Myanmar.

 

D. Process Overview

Similar to procedures in other national jurisdictions, the acquisition of exclusive rights and subsequent protection commonly arises from the registration of industrial designs in Myanmar. Notably, on January 31, 2024, the Intellectual Property Department (IPD) of Myanmar announced its official commencement of accepting industrial design applications under the Industrial Design Law, effective February 1, 2024.

 

Documentation requirements
  • ID-I;
  • 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.

Examination process and timeline

The registration process involves a formality examination based on absolute grounds. If there is an opposition, the examination will be conducted based on relative grounds.

Duration and renewal of industrial design rights

The term of protection for a registered industrial design is 5 (five) years from the filing date of the registration of industrial design. This protection term can be renewed twice, each time for a duration of 5 (five) years, thereby providing a total protection period of 15 (fifteen) years.

 

E. Applications forms, and relevant official fees

According to Notification No. 71/2023 issued on October 27, 2023, followed by Notification No. 2/2023 on December 29, 2023, the Ministry of Commerce (MOC) of Myanmar has issued the required forms for filing industrial designs and announced the relevant official fees.

 

Form numbers

Details

Official fees
(MMK)

ID- 1

Application for an industrial design registration (per design)

120,000

ID- 1a

Statement of justifying the applicant's right to registration of industrial design

At no cost

ID- 2

Appointment of a representative

At no cost

ID- 3

Request for reinstatement of an industrial design application (per application)

65,000

ID- 4

Request for correction of an industrial design application (per application)

35,000

ID- 5

Request for withdrawal of an industrial design application

At no cost

ID- 6

Request for filing a divisional application (per application)

100,000

ID- 7

Opposition to registration of an industrial design (per design)

100,000

-

Request for recordation of an industrial design registration (per design)

100,000

ID- 8

Request for issuing a certified copy of a registration certificate (per application)

35,000

ID- 10

Request for amendment of registration of an industrial design (per application)

35,000

ID- 11

Request for renewal of an industrial design (per design)

220,000

ID- 12

Request for recording of transfer of the right of an industrial design (per design)

80,000

ID- 13

Request for recording a license of a registered industrial design (per design)

80,000

ID- 14

Request to cancel recordation of a license of a registered industrial design

At no cost

ID- 15

Request to invalidate a registered industrial design (per design)

150,000

ID- 16

Request to change a representative (per application)

20,000

ID- 17

Request for removal the representative

At no cost

ID- 18

Request for time extension (per application)

35,000

ID- 19

Application for an appeal (per design)

300,000

ID- 19a

Appointment of a representative for an appeal

At no cost

-

Request for deferment of publication for an international application (per design)

35,000

 

Conclusion

In summary, Myanmar's adoption of the Industrial Design Rights Law signifies a significant stride in safeguarding intellectual property within its borders. By outlining clear eligibility criteria, establishing a streamlined registration process, and setting reasonable official fees, the law fosters an environment where innovation and creativity can flourish. The focus on novelty guarantees that genuine design breakthroughs receive the essential protection, nurturing a culture of originality and ingenuity. As Myanmar increasingly integrates into the global economy, robust intellectual property laws become indispensable in attracting investment and propelling technological progress. Looking ahead, stakeholders must remain vigilant for updates and amendments to ensure the legal framework continues to bolster and empower innovators. For those navigating these changes, ILAWASIA is poised to offer expertise and support for your IP protection needs in Myanmar.

For further information on the evolution of industrial design protection in Myanmar or updates to Myanmar’s Intellectual Property Law, please contact ILAWASIA at ip@ilawasia.com.

by wris