On October 31, 2024, Myanmar’s Intellectual Property Department (IPD) announced that it would officially start accepting applications for patent and utility model registration under the Patent Law, effective immediately. Contained in IPD Announcement No. 14/2024, this significant development opens new avenues for securing patent and utility model rights in the country. Myanmar’s Patent Law (Pyidaungsu Hluttaw Law No. 7/2019) was enacted on March 11, 2019, providing a framework for the protection of inventions related to products and processes. This is the first legislation specifically addressing the protection of patents in Myanmar’s history. The Patent Law took effect on May 31, 2024, under State Administration Council Notification No. 106/2024. To implement this new framework, the Ministry of Commerce (MOC) promulgated the Patent Rules under Notification No. 43/2024 on June 4, 2024, detailing the requirements and procedures for patent- and utility model-related matters. Subsequently, the MOC specified the official forms to be used for filing of patent- and utility model-related matters under Notification No. 54/2024 on July 19, 2024. On October 22, 2024, the Intellectual Property Agency announced the official fees, including annuity fees, for patents and utility models under Notification No. 2/2024. Applicants (both individuals and legal entities) can now file to register new patents and utility models with the IPD electronically, in person (directly or through a local representative), or by post. To be patented, an invention must: Not have been disclosed to the public anywhere by any means before the filing date or priority date (if claimed); Involve an inventive step; and Be capable of use in any industry. As for utility model registration, the requirements are the same, except an inventive step is not necessary. This milestone marks a pivotal moment for innovators and investors looking to protect their inventions in Myanmar. All stakeholders are encouraged to

The popularity of the franchise business model has been growing rapidly in Southeast Asia in recent years, with some of the world’s top brands becoming common sights in the commercial districts and shopping malls of major regional cities in Cambodia, Indonesia, Laos, Myanmar, Thailand, and Vietnam. While for most countries in this part of the world, franchising has not been explicitly mentioned in legislation, well prepared franchise business operations can comfortably adapt to each country’s regulatory framework, and the growth is poised to continue even as the global retail sector redesigns and redoubles its efforts in the wake of the COVID-19 outbreak. In fact, the franchise business model, which is both global and hyper-local at once, is one of the most promising solutions that entrepreneurs are turning to in their quest to overcome the challenges of the new economic reality. The Regional Guide to Franchising Law in Southeast Asia provides key, up-to-date insights into the legal frameworks regulating franchise operations in these Southeast Asian countries, and helps brand owners understand the most relevant laws, authorities, and procedures for their business. Some of the essential topics covered for each jurisdiction include considerations in negotiating and designing franchise agreements, protecting intellectual property rights, and important information on judicial and arbitral procedures should a dispute arise between franchisor and franchisee. Practitioners from Tilleke & Gibbins’ offices in Cambodia, Indonesia, Laos, Myanmar, Thailand, and Vietnam contributed to guide—not only by providing legal expertise on the laws and mechanisms applicable in each jurisdiction, but also by examining strategies for establishing and running resilient franchise operations in Southeast Asia. The full guide can be accessed as a PDF through the button below.

Myanmar’s Patent Law 2019—the country’s first legislation specifically addressing patent protection—took effect on May 31, 2024. The announcement that the law had taken effect came when the State Administration Council (SAC) issued Notification No. 106/2024 on June 1, 2024. This announcement is a key development moving toward full implementation of statutory patent protection in Myanmar. The next step will be the announcement of the Patent Rules, which will establish the requirements, official forms, and procedures related to the application and registration of patents and utility models. Another necessary announcement will be the official forms and fees for proceeding with patent-related matters at the Intellectual Property Department (IPD). Upon these forthcoming announcements, parties will be able to apply for patent registration in Myanmar. The Patent Law, which was enacted in 2019, allows for the registration of inventions that: Have not been disclosed to the public anywhere by any means before the filing date or priority date (if claimed); Involve an inventive step; and Are capable of use in any industry. Priority rights can be claimed within a year of the filing of an application with any member country of the World Trade Organization. In seeking protection for inventions internationally, priority rights cannot yet be claimed under the Paris Convention or the Patent Cooperation Treaty, as Myanmar’s ratification of these agreements is still pending. Nevertheless, the Patent Law includes provisions related to these two agreements; these provisions will take effect if the ratification process is completed. Rights owners interested in seeking protection of their inventions in Myanmar should begin evaluating their portfolios so that they can apply to register their inventions once the remaining necessary announcements have been issued. Recordation of inventions—including renewals of patents that had been recognized under Myanmar’s previously established practice—will no longer be accepted. Rights holders can

On May 1, 2024, Myanmar’s Intellectual Property Department (IPD) issued its first publication of trademark applications under the country’s 2019 Trademark Law. Parties are now able to oppose any of the applied-for marks in the publication, which is accessible from the IPD’s website, in accordance with stipulations of Myanmar law. This is a substantial development showing progress toward the registration of marks under the Trademark Law. The online publication of the applications provides the details of each mark, applicant, and representative. In addition, it discloses relevant information such as disclaimers, color claims, mark translations or transliterations, applicable priority dates, as well as specifications of goods and services under the Nice Classification. Any person (individual or legal entity) can file an opposition against an applied-for mark within 60 days of publication by citing significant absolute or relative grounds as specified in the relevant sections of the Trademark Law. Oppositions must use the official form specified in the Trademark Rules, and the filing fee is MMK 150,000 per mark (regardless of the number of classes) plus a MMK 300 bank charge. Anyone, including interested parties or their local representatives, can file the opposition at the IPD. If an opposition is not filed within the stipulated 60-day period, the IPD will proceed with the trademark registration without conducting any substantive examination for similarity or priority. Thus, mark owners, rights holders, and other interested parties should closely monitor the IPD’s publication of applied-for marks so they can take any necessary actions and potentially file oppositions to protect their rights and interests. There has not yet been any official announcement on how often these publications will be issued. For more information on the IPD’s mark publication activities, or on any aspect of protecting intellectual property in Myanmar, please contact Tilleke & Gibbins at [email protected].