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.


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.


ILAWASIA announces appointment of Dr. Pollawat Suppattarasaet, as Partner.

ILAWASIA announces appointment of Dr. Pollawat Suppattarasaet, as Partner.

[Bangkok, 5 March 2024] ILAWASIA is pleased to announce a significant addition to its leadership team with the appointment of Dr.Pollawat Suppattarasaet as an Intellectual Property (IP) Partner. This strategic move reinforces ILAWASIA’s commitment to excellence and innovation in the field.

Dr. Pollawat brings a wealth of experience and expertise in intellectual property law, making him an invaluable asset to the firm. With an impressive background in IP law, he is poised to contribute to ILAWASIA’s continued success and growth.

“We are thrilled to welcome Dr. Pollawat Suppattarasaet to our team as an IP Partner,” said Somphob Rodboon, Managing Partner. “His extensive knowledge and proven track record in the IP domain align seamlessly with our commitment to delivering top-notch legal services. Dr. Pollawat’s presence will undoubtedly strengthen our capabilities and enhance the value we provide to our clients.”

Dr. Pollawat Suppattarasaet holds Doctor of Public Administration Program, and LL.M. in International Law; certifies as Registered Patent Agent by the Department of Intellectual Property Department; appoints as Intellectual Property Committee of Eastern Science Park, Burapha University, appoints as Honorary Expert of National Innovation Agency, Ministry of Higher Education, Science, Research, and Innovation of Thailand; appoints as President of Legal Development and Assistance for SMEs Committee, The Federation Thai SMEs; and his previous experience includes trademark, industrial design, invention patent and copyright including prosecution, opposition, counterstatement, and appeal. His current practice is mainly focused on reviewing and advising clients on Trademark License Agreement, Non-disclosure Agreement (NDA), Confidentiality Agreement, Distribution Agreement, Co-Existence Agreement (for overseas cases) and other agreements concerning intellectual property as needed.

His deep understanding of the intricacies of intellectual property law positions him as a leader in navigating the evolving landscape of IP rights and protections.

“I am excited to join ILAWASIA and be a part of a team that is renowned for its dedication to legal excellence,” said Dr. Pollawat Suppattarasaet. “I look forward to contributing my skills and knowledge to further elevate the firm’s standing in the realm of intellectual property law.”

This appointment marks a significant milestone for ILAWASIA in 2024, solidifying its position as a leading player in the legal industry. The firm remains committed to attracting top talent and fostering an environment of continuous growth and success.


ILAWASIA celebrates International Women's Day - 2024

On 8th March, we honor and celebrate the incredible achievements of women worldwide. It’s a day to recognize the progress made towards gender equality and to reaffirm our commitment to creating a world where every woman and girl can thrive, free from discrimination and barriers.

On this special day, let’s celebrate the diverse contributions of women in every aspect of society – from politics to science, from arts to business, and beyond. Let’s also acknowledge the ongoing challenges that many women still face and work together to overcome them.

Together, let’s continue to advocate for gender equity, empower women and girls, and build a more inclusive and equitable world for all.

Our attorneys celebrate the significance of the day by sharing their unique perspective on this important day.

Kridtaporn Sirisereephap, Senior Associate (Litigation)

shares her thoughts on the importance of International Women’s Day:

“The firm has provided significant support in encouraging women attorneys to work on cases equivalent to those handled by male attorneys, thereby encouraging them to express their knowledge and abilities. We have consistently received excellent support from our managing partner. It is valuable to have the chance and expertise in a field where male attorneys are majority in court proceedings.”

Kanyamol Phupapeiw, Senior Associate (Litigation)

shares her thoughts on the importance of International Women’s Day:

“The value of being a woman is incomparable, as within every woman resides limitless strength and capabilities, free from any constraints.”

Nannapas Phatcharakeatkanok, Senior Associate (Corporate)

shares her thoughts on the importance of International Women’s Day:

“Within the legal realm, women bring invaluable perspectives, enriching our team’s strategy, empathy, and diligence. As a senior lawyer, I recognize and cherish the indispensable contributions of women, shaping a more just and equitable world. Happy Women’s Day!”

Thanapha Phetkeereeskul, Senior Associate (Intellectual Property)

shares her thoughts on the importance of International Women’s Day:

“The workplace is better when we support and encourage each other. We come from different backgrounds with different life experiences and perspectives. This diversity adds value to what we bring to the table. The most rewarding part of my job is working with people of all genders. We listen to opinions, value every contribution and make sure that all are considered equally.”

Htar Su May, Senior Associate, ILAW MYANMAR CO., LTD.

shares her thoughts on the importance of International Women’s Day:

“We appreciate the empowerment of women in the world, especially our mothers. Every mother has the power to change the world. The role of women in society is very important. The good upbringing of children by mothers is an important role for the development of society and country.”

Viphavanh Syharath, Associate, ILAW LAOS CO., LTD.

shares her thoughts on the importance of International Women’s Day:

“In order to achieve true fairness, it’s essential to guarantee access to opportunities and resources that are equitable, considering various circumstances. Equity is necessary to guarantee equality.”

#InternationalWomensDay #IWD #IWD2024 #ILAWASIA

Makara Um, Associate, ILAW CAMBODIA LAW OFFICE

shares her thoughts on the importance of International Women’s Day:

“Women play an indispensable and multifaceted role in bolstering the economy and fostering sustainable growth and development within the nation.”


Certificate of Appreciation to our Cambodian Partner

Thrilled to announce that Vicheka Lay, Partner, ILAW CAMBODIA LAW OFFICE, has been recognized by the World Bank Group as an expert contributor to Business Ready 2024! 🌐🏆 His dedication and expertise have earned him a well-deserved Certificate of Appreciation.
Congratulations on this remarkable achievement!
#BusinessReady2024 #ExpertRecognition #WorldBankGroup


Asia IP Publishing unveils the top 10 IP Experts of Laos for 2023

Somphob Rodboon, Managing Partner of ILAW LAOS CO., LTD., Named Among Top 10 IP Experts of Laos for 2023 by Asia IP Publishing

We are proud to announce that Somphob Rodboon, our esteemed Managing Partner, has been recognized as one of the top 10 Intellectual Property (IP) experts in Laos for the year 2023 by Asia IP Publishing. This prestigious accolade is a testament to Somphob’s dedication, expertise, and outstanding contributions to the field of Intellectual Property.

The selection process involved extensive interviews with corporate counsel and significant feedback from IP practitioners, ensuring that the list profiles leading IP lawyers in Laos. Somphob’s inclusion in this esteemed list is a reflection of his deep understanding of IP law and his commitment to delivering exceptional legal services to our clients.

ILAW LAOS CO., LTD., as part of ILAWASIA, is officially certified by the Intellectual Property Department of Laos as an Intellectual Property Agency. This certification underscores our commitment to providing comprehensive and reliable IP services to our clients.

We extend our heartfelt congratulations to Somphob Rodboon on this well-deserved recognition and look forward to his continued success in the field of Intellectual Property.

Source : https://www.asiaiplaw.com/ip-expert/laos/somphob-rodboon-1


Vicheka Lay has been appointed as a member of Young ICCA

ILAWASIA is delighted to share the news that attorney Vicheka Lay, esteemed partner of ILAW Cambodia Law Office, has been officially appointed as a member of Young ICCA, the eminent arbitration knowledge and skills network dedicated to nurturing young practitioners in the intricate realm of international arbitration. This confirmation not only reflects Vicheka Lay’s dedication and expertise but also underscores ILAW Cambodia Law Office’s commitment to advancing its practice in commercial arbitration.

As a member of Young ICCA, Vicheka Lay joins a prestigious cohort of emerging professionals from diverse backgrounds, contributing to the vibrant exchange of ideas and experiences in the field of arbitration. This affiliation not only enriches Vicheka Lay’s professional journey but also enhances ILAW Cambodia Law Office’s standing within the global arbitration community.

ILAW Cambodia Law Office is poised to leverage this significant milestone to further strengthen its capabilities and expand its footprint in commercial arbitration. With Vicheka Lay’s membership in Young ICCA, the firm reaffirms its dedication to delivering exceptional legal services and staying at the forefront of developments in international arbitration.

We extend our heartfelt congratulations to Vicheka Lay on this achievement and look forward to witnessing the continued growth and success of ILAW Cambodia Law Office in the dynamic arena of commercial arbitration.


ILAWASIA Recognized in World Trademark Review for the First Time, Achieving Bronze Tier Ranking for Thailand Jurisdiction.

[Bangkok, 14 February 2024] – ILAWASIA, a prominent law firm specializing in trademark law, has reached a significant milestone with its inaugural recognition by the esteemed World Trademark Review (WTR). We are pleased to announce that ILAWASIA has been ranked in the Bronze tier for Thailand jurisdiction in the WTR 1000 2024, affirming our standing as a leading firm in the region for trademark expertise.

The WTR 1000, known as the World’s Leading Trademark Professionals, is a prestigious guide that identifies top trademark professionals across key jurisdictions worldwide. Focusing exclusively on trademark practice, the WTR 1000 has established itself as the definitive resource for those seeking unparalleled legal trademark expertise.

This recognition by the World Trademark Review underscores ILAWASIA’s commitment to excellence and dedication to providing exceptional legal services to our clients. Cementing our position in the Bronze tier for Thailand jurisdiction reflects the hard work and expertise of our team in navigating complex trademark matters and delivering optimal outcomes for our clients.

“We are honored to receive this recognition from the World Trademark Review,” said Somphob Rodboon, Managing Partner at ILAWASIA. “It validates our unwavering commitment to providing top-notch trademark legal services and further solidifies our reputation as a leading firm in the region.”

ILAWASIA extends its gratitude to our clients for their trust and support, as well as to the World Trademark Review for this prestigious acknowledgment.

 

About ILAWASIA:

ILAWASIA is a renowned law firm specializing in trademark law, serving clients across various industries with expertise, dedication, and integrity. With a focus on providing exceptional legal services and achieving optimal outcomes for our clients, ILAWASIA is committed to excellence in trademark practice.


PRESS RELEASE: ILAW LAOS CO., LTD. recognized as a Leading Firm in Tier 2 of Lao PDR by The Legal 500.

[Bangkok, 17 January 2024] – ILAW LAOS CO., LTD., a premier legal services provider in Lao PDR, has achieved significant recognition as one of the leading firms in Tier 2 according to the prestigious Legal500 survey. This acknowledgment underscores the firm’s commitment to excellence in providing legal solutions and reinforces its standing as a key player in the legal landscape of the region. The announcement can be accessed via this link.

Specializing in facilitating investment promotion between domestic and foreign investors, ILAW LAOS CO., LTD. has demonstrated unparalleled expertise in a wide range of legal areas. The firm’s core practice areas include corporate and commercial matters, labor and employment cases, intellectual property issues, and meticulous contract and agreement drafting.

Managing Partner Somphob Rodboon, at the helm of ILAW LAOS CO., LTD., has played a pivotal role in the firm’s success. His extensive experience in handling litigation and disputes related to corporate, commercial, and intellectual property issues has been a cornerstone in establishing the firm as a reliable legal partner for clients seeking comprehensive legal solutions.

The Legal500 survey has consistently recognized ILAW LAOS CO., LTD. for its dedication to providing top-tier legal services. The firm’s commitment to excellence, coupled with its adept handling of complex legal matters, has propelled it into the upper echelons of the legal landscape in Lao PDR.

Key member of the ILAW LAOS CO., LTD. team, Associate Viphavanh Syharath, has also been highlighted as a significant contributor to the firm’s success. Her expertise adds depth to the firm’s capabilities, further strengthening its position as a leading legal service provider.

ILAW LAOS CO., LTD. remains dedicated to serving its clients with the highest standards of professionalism and legal acumen. The firm’s success in the Legal500 survey serves as a testament to its unwavering commitment to excellence and its ability to consistently deliver outstanding results for its clients.

For further information, please contact:
SOMPHOB RODBOON
ILAWLAOS@ILAWASIA.COM

About ILAW LAOS CO., LTD.:
ILAW LAOS CO., LTD. was established in January 2021 and registered with the Ministry of Industry and Commerce under the enterprise number 01-00024891. The firm is located at Vientiane, Lao PDR and was founded by Somphob Rodboon. The firm is a branch office of its parent company, ILAWASIA CO., LTD., which has been based in Bangkok, Thailand for over a decade.

Recently, ILAW LAOS CO., LTD was chosen as Notable firm in the General Business Law practice area to the asialaw 2023 rankings, a legal directory featuring comprehensive analysis on Asia’s regional and domestic firms.

#legal500 #L500AP2024 #rankings #asiapacific


National Authority for Alternative Dispute Resolution of Cambodia

On 2nd November 2023, the King of the Royal Government of Cambodia issued the Royal Decree No. NS/RKT/1123/2381 on the Establishment, Organization and Functioning of the National Authority for Alternative Dispute Resolution (Royal Decree or this Royal Decree).

This Royal Decree aims to be additional mechanism to the existing dispute resolution system in Cambodia and it aims to promote the quality, efficiency and swiftness of dispute resolution, via reconciliation outside the court system. This Royal Decree also aims to reduce the case jam at the Cambodian courts and push the dispute resolution system nearer to the people in the community.

The National Authority for Alternative Dispute Resolution (NAADR) shall have jurisdiction on civil, commercial and other disputes via reconciliation between the parties, except for the disputes which cannot be subject to conciliation as determined by laws. This NAADR shall be resided over by a Deputy Prime Minister and other relevant members.

NAADR shall have some of these roles and responsibilities, including preparing policy, strategic plan, principle, mechanism and other regulations for alternative dispute resolution; impose the ethnical code and other dispute resolution mechanisms; accept disputes for resolutions; follow up; issuing report and other roles provided by the Head of the Royal Government.

Dispute resolution in the framework of NAADR shall be conducted through conciliation. Disputes that are subject to conciliation within the authority of the NAADR including civil, commercial, and other disputes based on the laws shall be ended depending on the free will of the disputing parties. Conciliation within the framework of the NAADR could not be conducted for a criminal offense, except permitted by laws.

NAADR may review and resolve complaints of natural or legal persons in accordance with the conditions set out in this Royal Decree. After completing conciliation, NAADR shall prepare a report of the outcome of the conciliation for the court that referred the case to the NAADR.

In the event that the dispute cannot be resolved by conciliation, NAADR shall refer the case back to the court to resume the proceedings in accordance with the applicable laws and procedures. The disputing parties shall also have the right to request the court to resume the proceedings in the event that the disputing parties perceive that the conciliation at the NAADR would not be appropriate.