Council for Trade-Related Aspects of Intellectual Property Rights - Notification of laws and regulations under article 63.2 of the TRIPS Agreement - Myanmar: Industrial Design law (2/2019)

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

Myanmar: INDUSTRIAL DESIGN LAW (2/2019)

Notifying Member

Myanmar

 

Details of the notified legal text

 

Title

INDUSTRIAL DESIGN LAW (2/2019)

Subject matter

Industrial designs

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_02577_00_e.pdf
https://ip-documents.info/2024/IP/MMR/24_02577_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 Industrial Design Law was enacted by Pyidaungsu Hluttaw with Law No. 2/2019 dated 30  January 2019.

 

The objectives of this Law are:

 

(a)   to protect the rights and interests of the owner of industrial design and creator in accordance with this Law;

 

(b)   to contribute to the development of industry by promoting the protection of creation of industrial designs;

 

(c)    to contribute to the development and dissemination of industrial design technology;

 

(d)   to contribute to the mutual advantage of creators and industrial design-users of technological knowledge and in a manner conducive to social and economic welfare;

 

(e)   to contribute to a balance of rights and obligations of creators and industrial design-users.

 

According to Industrial Design Law 2019, any industrial design shall be protected if it is new and independently created. An industrial design is new if it has not been disclosed to the public inside or outside of the country, by writing, by using, by publishing, by displaying or by any other way, prior

to the filing date of the application or date of priority if the right of priority is claimed in the application for the registration of industrial design in the State. The term of the registered industrial design shall be 5 years from the filing date of the registration of industrial design and may be renewed, for not more than two consecutive periods of five years each. The industrial design owner can enforce their rights against infringers only through civil actions.

Language(s) of notified legal text

English, Myanmar

Entry into force

31 October 2023

Other date

Adoption: 30 January 2019

 

Notification details

 

Submission date of notification

11 April 2024

Other information

www.commerce.gov.mm

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.