1. U Than Maung Advocate IP Proprietors’ Association of Myanmar (IPPAM)
New IP Laws of Myanmar:
When will become effective!
What will be challenges!
U Than Maung
Advocate
IP Proprietors’ Association of Myanmar (IPPAM)

2. MYANMAR’S OBLIGATION ON PROTECTION OF INTELLECTUAL PROPERTY RIGHTS
Republic of the Union of
Myanmar
UNO
WTO
WIPO
ASEAN
UNO
WTO 2

3. Union Legislative List
IPR RELATED PROVISIONS IN THE CONSTITUTION 2008
Section 37 (c) FUNDAMENTAL PRINCIPLES
The Union shall permit citizens right of private property, right of inheritance, right of private initiative and patent in accord with the law:
Section Right of Citizen-IP Protection
The Union guarantees the right to ownership, the use of property and the right to private invention and patent in the conducting of business if it is not contrary to the provisions of this Constitution and the existing laws:
SCHEDULE ONE
Union Legislative List
(Refer to Section 96)
7. Industrial Sector –
x x x x x x x x
(f) Intellectual property such as copyrights, patents, trademarks and industrial designs. 3

4. Existing IP-related Laws of Myanmar
Type of IP
Substantive Law
Related Laws
Trademark
nil
- Penal Code (1860)
- Merchandise Marks Act (1889)
- Specific Relief Act (1877)
- Sea Customs Act (1878)
- Registration Act (1908)
Private Industrial Enterprise Law (1990)
- Anti-Money Laundering Law (2014)
Competition Law (2015)
Copyright
Myanmar Copyright Act, 1914
Specific Relief Act (1877)
Merchandise Marks Act (1889)
Television and Video Law (1996)
Motion Picture Law (1996)
Anti-Money Laundering Law (2014)
- Media Law (2014)
Patent
- Patent and Design (Emergency Provisions) Act (1946)
- Science and Technology Development Law (1994)
Industrial Design
- Myanmar Copyright Act (1914)
- Patent and Design (Emergency Provisions) Act (1946) 4

5. PIRACY/INFRINGEMENT/PASSING-OFF
LEGAL ACTION
PIRACY/INFRINGEMENT
Criminal Punishments
(PUBLIC LAW)
Imprisonment,
Fine, Both Imprisonment and Fine,
Confiscation of pirated articles, products or documents,
Destruction of pirated articles, products or documents,
Compensation out of fine to the claimant. (Cr P C sec. 545)
PIRACY/INFRINGEMENT/PASSING-OFF
Civil Remedies
(PRIVATE LAW)
Declaratory Suit for sole proprietorship,
Cancellation of Instrument (Specific Relief Act 39)
Interlocutory / Temporary Injunction,
Perpetual Injunction, (CPC Order 39, Rule 1,2 & 3) (Specific Relief Act, 54)
Delivery-up of pirated articles, products or documents,
Damages,
Seizure of pirated articles, products or documents,
Obliteration of spurious marks from the goods.

6. The Myanmar Merchandise Marks Act, 1889 Burma Code Volume 5 - page 27
Section 6 Penalty:
If a person applies a false trade description to goods, unless he proves that he acted without intent to defraud, be punished up to 3 months, or fine up to 50,000* Kyats.
For subsequent conviction, punishment may extend up to one year or with fine or both.
* As amended by Law No. 35/2013 6

7. Anti-Money Laundering Law (11/2014)
Offences applicable to money-laundry 5. Laundering of money or properties gained out of committing any of the following offences shall be applicable to this Law (c) Offences relating to infringement of intellectual properties; Punishment 43. Up to 10 years imprisonment or any fine or both; If entity or organization, a fine up to Kyat 500 million and for the owner of the entity or organization, up to 7 years imprisonment. Codes 9. Any media person shall comply with the following codes: (f) Avoidance of copying the intellectual properties owned by others, without permission. 25.(b) On violation of Section 9, a fine between minimum Kyat 300 thousand and maximum 1 million.
Media Law (12/2014)

8. Competition Law (9/2015)
Basic Principles 4. (g) Enhancing the inventive strength of investors, inventors and manufacturers by virtue of protection to their IPR. Prohibitions 18. No businessmen shall commit the following acts which make the consumers misconceived: (a) Competing with others by applying false descriptions of registered trade name, trade motto, trade mark, package, geographical indications or others in order to mislead the consumers; Punishment 42. On violation of section 18, imprisonment up to one year or up to Kyat 5 million or both for offence of section 18.

9. Legislative Process: from ‘Bill’ to ‘Law’
(To sign within
14 / 7 days) sec 105/106
Law
Union Parliament
Bill
sec 139/159
National Parliament People’s Parliament Rules, Regulation, By-law
Notification, Order, Directive, Procedure
Bill sec 100/ Bill sec 97/137/189
Ministry / MP / Bill Committee of Parliament
P E O P L E
Union
President
Ministry

10. IP terms will be - Trademark Term= 10 years and renewable eternally
Patent Term = 20 years
Petty Patent Term = 7 years
Industrial Design
Term= 15 years
IC Term= 10 years
Trademark
Term= 10 years and renewable eternally
Copyright and Related rights
Term= Life long of Author plus
50 years for heirs

11. Salient Facts of the Industrial Property Laws
Prevailing over other IP related laws for filing or action;
Sole Registration System with IP Office at Naypyitaw;
Protectable to most modern IP elements;
Protection to GI under the Trademark Law;
National Treatment to all IPRs of local or persons of member countries;
3 years interval for Pre-use TM filings;
Central Body and Agency for IPR Regulatory: Public and Private combined;
Administrative actions as well as deterrent punishments;
Specific IP Courts and IP Judges.

12. Extended Coverage of the Copyright Law
Optional Registration System with IP Office;
More coverage than current copyrightable elements;
Protection to Traditional Knowledge (TK) and National Heritage;
Protection to Digital Environment;
National Treatment to all copyrights of local and member countries;
Active roles of Collective Management Organizations;
Administrative Actions;
Severe Criminal Punishments as well Civil action;
Specific IP Courts and IP Judges.

13. Ongoing Processions of Legislation
Final Drafts were approved by the Government Authorities after decades-long toiling process through different eras.
Eventually, the Union Minister of Ministry of Education submitted to the National Parliament on 18th January 2018.
MPs of the National Parliament made discussions on last week of January 2018.
The National Parliament approved on 15th February 2018 and now had conveyed the Bills to the People’s Parliament for further discussions.
If MPs of the Peoples Parliament hold some different thoughts to the National Parliament’s approved versions , Bills will be discussed at the Union Parliament Sessions for collective vote and approval.
Then Bills as approved will be sent to the Union President Office for signing and promulgation by the Union President.
Despite promulgation, the effective dates of each law will be announced by the Notification of the Union President later (on unknown date).

14. What Challenges be encountered when new IP Laws become effective in Myanmar.
Positive Development
TRIPS’ Responsibility accomplished.
More confidence of FDIs.
More abreast with international trade norms and practices.
Unprincipled SME will hardly be survived under new IPR Regime.
Effective legal actions may be taken instead of ineffective actions under various related laws.
Challenges
Outright Change on Trademark Regime from “First-Use-First-Served” to “First-File-First-Served”: Possibly causing chaos among trade and business.
Long-rooted toleration on infringement or piracy become intolerable.
Taking certain times to be matured with IPR Environment both public and private sector.
Local SMEs may face less competitive to foreign entities.
Uncertain times awaiting Enforcement Date, issuance of the Rules and Regulations, Establishment of IP Office, etc.
E-filing system to be installed necessarily for single Registration Centre at Naypyitaw.

15. Thanks for Your Kind Attention !
“Kyay Zuu Tin Bar Dae”
Thanks for Your Kind Attention !