Rajah & Tann Regional Round-Up
your snapshot of key legal developments in Asia
Issue 1 - Jan/Feb/Mar 2024
 

Updates on Intellectual Property Laws

Copyright


On 9 February 2024, the Department of Intellectual Property of Myanmar ("DIPM") released an announcement stating that companies can voluntarily start submitting applications for registration of copyrights and related rights under the Copyright Law (2019). Applications can be made electronically, in-person, by post, or through a local representative. Applicants incorporated or residing outside of Myanmar must appoint a local representative who will file the application on their behalf.


Following the announcement, on 13 February 2024, DIPM issued a notification specifying the service fees based on the categories of services for the registration of copyrights as follows:


Application Form No.

Categories of Services

Fees

CR- 1

Application for the registration of literary or artistic work

MMK 100,000 (approximately US$ 47)

Application for the registration of audiovisual work or cinematographic work

MMK 300,000 (approximately US$ 143)

CR- 2

Application for the registration of related rights object

MMK 100,000 (approximately US$ 47)

CR- 3

Application for the amendment or correction of clerical errors and other errors that may be permitted to be corrected in the application

MMK 50,000 (approximately US$ 23)

CR- 5

Application for the issuance of a certified copy of a registration certificate

MMK 50,000 (approximately US$ 23)

CR- 6

Application for the amendment or correction of clerical errors and other errors recorded in the register

MMK 50,000 (approximately US$ 23)

CR- 7

Application for recording of transferring of economic rights

MMK 100,000 (approximately US$ 47)

CR- 8

Application for the amendment or cancellation of the record of transferring

MMK 50,000 (approximately US$ 23)

CR- 9

Application for the cancellation of registration

MMK 100,000 (approximately US$ 47)

CR- 11

Application for a change of representative

MMK 20,000 (approximately US$ 10)

CR- 12

Application for time extension

MMK 50,000 (approximately US$ 23)

CR- 13

Application for appeal

MMK 300,000 (approximately US$ 143)


Industrial Design


In addition to copyrights, industrial designs can also be registered with DIPM from 1 February 2024 via DIPM's electronic filing system ("electronic filing system") for the protection of industrial designs under the Industrial Design Law. Under the Industrial Design Law and Rules, the creator of an industrial design, the creator's successor or the employer of an employee who created the industrial design are eligible to apply by way of registration via the electronic filing system. The industrial design must be new and original. Multiple designs may be protected under one application if all the products constituting the industrial design fall under one class set out in the International Classification of the Locarno Agreement. The registration term of an industrial design is five years, renewable twice for a total of 15 years. The fee for the application for registration is MMK 120,000 (approximately US$ 57) and the recordation of the registration is MMK 100,000 (approximately US$ 47).


The application for registration of industrial design must include the details of the industrial design. Additionally, the representation of the industrial design must satisfy certain requirements, including the following:


  1. Presented as a drawing, photo or graphic either in black and white, or coloured;
  2. Presented in .JPG format not exceeding 2MB and 300 x 300 dpi;
  3. Labelling figures representing the different dimensions (perspectives) of the industrial design as 1.1, 1.2, 1.3, 1.4, etc.; and
  4. All parts of the industrial design are presented in a clear, definite and distinguishable manner and with quality fit for publication.



Please note that whilst the information in this Update is correct to the best of our knowledge and belief at the time of writing, it is only intended to provide a general guide to the subject matter and should not be treated as a substitute for specific professional advice.

 

Rajah & Tann
Myanmar Company Limited
Junction City Tower,
No.3A Bogyoke Aung San Road,
Level 13, Unit 13-04, Pabedan Township,
Yangon, Myanmar
http://mm.rajahtannasia.com


Contacts:

Dr Min Thein
Managing Partner
D +951 9345343
F +951 9345348
min.thein@rajahtann.com

Chester Toh
Director
D +65 62320220
chester.toh@rajahtann.com

Jainil Bhandari
Director
D +65 62320601
jainil.bhandari@rajahtann.com

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