Myanmar enacts first-ever patent protection law
Myanmar has enacted legislation that specifically addresses the protection of patents in the country for the first time.
Enacted on Monday, March 11, Pyidaungsu Hluttaw Law No 7/2019 provides a framework for the protection of inventions related to products and processes.
But patent applications are not currently being accepted, because the country doesn’t have an IP office yet. Along with an IP office, the country is set to establish IP rights registries and IP-dedicated courts.
According to law firm Tilleke & Gibbins, no timeline has been set out for the issuance of implementing regulations for the establishment of the IP office.
The patent law will not be enforced until a further notification is issued by Myanmar's President Win Myint.
The country’s long-awaited trademark and industrial design bills, which were signed into law in late January by Myint, will also have to await a notification. Myanmar’s copyright bill is still awaiting further approvals by parliament.
Under the new law, patents will be valid for a term of 20 years from the filing date and applicants will be able to claim priority under the Patent Cooperation Treaty or the Paris Convention within one year of the initial application.
Patent infringement claims can be filed at the specialised IP courts (when established). Criminal offences under the law include using the term ‘granted patent’ to describe unpatented inventions.
Criminal penalties include imprisonment of up to a year, a fine not exceeding K2 million (approximately $1,300), or both, said Tilleke & Gibbins.
According to the law firm, the law contains provisions addressing compulsory licences and makes the recordal of patent licences mandatory.
It also includes a national security clearance procedure, which requires applicants and inventors residing in Myanmar to obtain written authorisation from the directorate of patents (part of the IP office) before applying for patents outside of Myanmar.
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