Myanmar’s long-awaited Trademark Law passed the Lower House of Parliament on December 12, 2018, and has now been sent to the Office of the President to be signed into law. If the President wishes to make amendments to the Law, he is able to return it to the Parliament for reconsideration, with comments, within 14 days. However, if the President has no amendments or comments—as expected in this instance—the Law is likely to be signed and promulgated within a few days.
IP practitioners who have been keeping a keen eye on this important development in Myanmar IP law will note that the Trademark Law has been in the process of being drafted, amended, and consulted upon for 10 years now, so this news is very welcome.
This much-anticipated legislation will provide wide-reaching protection for trademarks in the jurisdiction, which has, until now, been vulnerable in the absence of modern IP legislation.
Please note that this Law provides the framework for the trademark regime, but will require enabling legislation, detailing the policies and procedures for the operation of the new IP department, before practical steps can be taken to enforce it.
The Law is one of four new IP laws expected to be promulgated in the very near future, with the Copyright Law (under the Ministry of Information, rather than the Intellectual Property Office) expected to be finalized and promulgated soon after consideration by the joint houses, followed by legislation on patents and industrial designs.
Tilleke & Gibbins will continue to monitor the situation, and will provide full details as the situation emerges.
For further information, please contact:
Yuwadee Thean-ngarm, Tilleke & Gibbins