Council for Trade-Related Aspects of Intellectual Property Rights - Notification of laws and regulations under article 63.2 of the TRIPS Agreement - Myanmar : Patent Law (7/2019)

NOTIFICATION OF LAWS AND REGULATIONS
UNDER ARTICLE 63.2 OF THE TRIPS AGREEMENT

Myanmar: Patent Law (7/2019)

Notifying Member

Myanmar

 

Details of the notified legal text

 

Title

Patent Law (7/2019)

Subject matter

Patents (including plant variety protection)

Nature of notification

[X]     Main dedicated intellectual property law or regulation_

[  ]     Other law or regulation_

Link to legal text[*]

https://ip-documents.info/2024/IP/MMR/24_02463_00_e.pdf

https://ip-documents.info/2024/IP/MMR/24_02463_00_x.pdf

Notification status

[X]     First notification

[  ]     Amendment or revision to notified legal text

[  ]_     Replacement or consolidation of notified legal text(s)

Previous notification(s) referred to

Not applicable

Brief description of the notified legal text

 

The Patent Law was enacted by Pyidaungsu Hluttaw with Law No. 7/2019 dated 11 March 2019.

 

The objectives of this Law are:

 

(a)   to protect the rights and interests of the patentee and inventor in accordance with this Law;

 

(b)   to develop the production of the State by promoting technological innovations and the   dissemination and transfer of technology;

 

(c)   to be to the mutual advantage of technological knowledge and socioeconomic welfare between   inventors and users of inventions;

 

(d)   to support a balance of the rights and obligations of the inventors and users of inventions;

 

(e)   to prevent the abusive exercise of the patent and practices by the patentee or right holder which unreasonably restrain trade; and

 

(f)    to encourage an environment of innovation.

 

According to Patent Law 2019, any patent shall be protected if it is new, involves an inventive step, capable of using in any industry, and not contrary to the provisions of the Law. The Patent Law provides protection for both patents with a protection term of 20 years and utility models with a term of 10 years. Patent owners can enforce their rights against infringers only through civil actions.

 

Language(s) of notified legal text

English, Myanmar

Entry into force

The Law will be effective in the midst of 2024. The specific date will be issued soon.

Other date

Adoption: 11 March 2019

 

Notification details

 

Submission date of notification

26 March 2024

Other information

 

Agency or authority responsible

Office (52)

Intellectual Property Department

Ministry of Commerce

Nay Pyi Taw

 

Telephone:       +95-673430572

                +95-673430573

 

Emails:     enquiry@ipdept.gov.mm

                legalaffairs@ipdept.gov.mm

 

Website:   www.commerce.gov.mm

 

 



[*] Links are provided to texts of laws and regulations notified under the TRIPS Agreement in the form supplied by the Member concerned; the WTO Secretariat does not endorse or revise their content.