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.