The Pyidaungsu Hluttaw Law No. 3
2019 Day 10th Waning day of PyathoMonth of
M.E year 1380
(Year 2019, January Month, 30thDay)
The Pyidaungsu Hluttaw here by enacts this law
Title, Commencement and Definition
1. (A) This
law shall be called the Trademark Law.
law shall take effect on such date as the Union President may, be notification,
2. The following
words expressions contained in this law shall have the meanings given here
a)The state meansthe Republic of the
Union of Myanmar.
b)The Central Committee means Central
Committee for Intellectual Property Rights organized according to
c)The Ministry means Ministry of
d)Relevant Ministrymeans Ministry of
Information, Ministry of Industrial, Ministry of Agricultural, Livestock
and Irrigation,Ministry of Education.
e)Agency means Agency for
Intellectual Property Rights organized under this law.
f)Department means Department to
perform the Intellectual Property Rights matters was assigned by the
g)Registrar means Assistant Director
General who carries out the functions of the registration of Intellectual
h)Inspector means Assistant Director
and above high-levelofficials who perform the functions of
registrations and inspection of the related matter.
i)Intellectual Property Rights
means right which is legally protected for the creations made by self
knowledge. In this expression, copyright, creative right, Industrial design right, Trade mark right
and other kinds of Intellectual Property rights are included.
j)Mark means any visually
perception sign in particular words including personal names, letters,
figurative elements three dimension forms and combinations of colors
as well as any combinations of such
signs capable of distinguishing the goods or services of are undertaking from those of other undertakings;
In this expressions, Trademark, Service mark, Collective mark and Certification markare included.
k)Trademark means any mark capable of
distinguishing the goods of one from those other undertakings in
l)Service Mark means any mark capable of
distinguishing services of one undertaking from those of other
undertakings in trade.
m)Collective Mark means any mark that owned by an organization mark such as a co-operative, an
association or a federation of industries, producers or traders and that
distinguishes the goods and
services of the members of the collective entity
from the goods and service of other undertakings.
n)Certification Mark means any mark
capable of distinguishing the goods or service certified by the owner
of the mark in relation to origin, quality, standard or other characteristics from
other goods or service not
any indication which indentifies goods as originating in the territory of a
country or a region or a locality in that territory where a given quality,
reputation or other characteristics
of the goods is essentially attributable to
its geographical origin.
p)Well-KnownMark means any mark that is
well known in the relevant sector of the public in the Union in
accordance with the criteria.
q)Trade Name means the name or
designation identifying and distinguishing name among the enterprises.
r)Owner of the mark means any natural
person or legal entity as the owner of a registered mark in the
register of the department.
s)Right Holder means any nature person
or Legal entity which is to be regarded as the mean or license of a
registration mark, the owner of a well-known mark, the owner of a geographical indication, Trade Name
and the owner of a trademark.
Intellectual Property Court
means the Court legally established by the Union Supreme Court under the
laws to adjudicate the Intellectual Property cases or the courts which are assigned the
jurisdiction and Power of the Court.
u)Member State means any member of
conventions, treaties and agreements of international organizations
and regional organizations relating to intellectual properties of which the union is a member.
v)Right of Priority means the right of
priority contained in Section 31.
w) Right of Exhibition Prioritymeans
right of Trade fair priority contained in Section 32.
objectives of this law are as follows;
develop more in investments, trade and Commerce by given the protecting the
give protection to the interests of the owner of the marks and right holder.
build a fair market competition, to create the safe atmosphere of the
consumersand prohibit the
entering of the counterfeit commodities into the
promote the quality of the state production by protecting the geographical
indication to develop
further of the local peoples economy to enter the
Formation of central committee, and
functions & duties
Form the intellectual property central committee to supervise intellectual
Property work as follows;
(1) Vice-President Chairman
(2) Union minister of the economic
and trade ministry Vice-Chairman
(3) Deputy ministry of the
related ministries Member
(4) Deputy Ministers or Director
Other proper ministries Member
(5) Not more than four persons of
the intellectual property
(6) Two representatives of the
(7) Assignee by the President Secretary
(8) Director General of the Department Associate Secretary
Central Committee formed under the sub-section (a) may be reformed as
functions and duties of the Central Committee are as follows;
lay down the Patent Policies, Strategies, Work plans to develop the
intellectual property works of the
and supervise the National Patent policies, Strategies and work plans.
encourage the state economic development, promote the foreign investments and
develop the small
medium-business, by patent system, give directions.
develop the patent works and encourage the training and nurturing of the
develop the patent system and perform the patent system effectively,
co-ordinate the related
government developments, other organizations & individual businessmen.
get technology and other necessary aids, encourage the communication among the
(g) Perform the patent functions and duties given properly by the Union
Formation of Agency and, Functions &
(a) Shall term the
intellectual Property Agency with the agreement of Union Government as follows.
Secretary of the Central
and related Director Generals of ministry and related member ministries
Not more than eight persons of the members of relevant technical professionals;
Not more than five members of the representatives of the NGO’s;
Director General of the Department
Departmental Officials of Departs
reorganize the Agency formed under subsection (a) as necessary.
of the Agency shall be presumed as a Deputy Minister Level.
and Duties of the agency are as follows.
among the Trademark Rights Works.
and achieve the National Trade Mark policies, Strategies, Work plans and
nurturing of the human
resources, laid down by the central committee to develop
the trademark copy right system effectively.
and submit to the Central Committee &suggest thestate to become a member of
the trademark related
conventions and agreements.
accordance with the trademark conventions, treaties and agreements, as a member
state, the Agency shall
perform and achieve the provisions.
with the Internal related organizations, international organizations, and local
take action against the infringement of the trademark rights, form the
necessarywork force and assign the
duties accordance with the agreement of Central
perform the functions of the trademark related works; form the necessary Task
Force and assign the duties
according to the agreement of Central Committee.
the high quality of local products of the union to develop the economics of the
and judge on the appeal of the decision of the registrar.
the fees according to this law with the agreement of Union Government through
the Central Committee.
and prescribing a seal to be used by in granting the registration trademark.
the work reports and other necessary reports to the central committee.
the annual report of the Trademark right to the central committee.
intellectual properties related worksgiven by the Central Committee at
Function & Duties of the Department
functionsand duties of the department are as follows: -
the registration of Trademark.
the registration lists of the Trademark.
the performances of the divisions established of according to jurisdiction of
the trademark assignments given by the Agency at proper manner.
of Registrar and Inspector and prescribed functions sand duties
The ministry may appoint registrar and necessary inspectors as submitted by
agency and assign duties to
perform in the department.
functions and duties of registrar are as follow;
the functions & examinations relating to the registration of marks;
performing the functions and duties of registration of marks, coordinate in
the submission of the inspector.
decision related to the functions of the mark registration.
the functions and duties given by the central committee and agency.
12. The functions and
duties of the inspector are as follows:-
the application for registration of marks and geographical indication.
examining the objection and defense performing the functions of the application
of marks, submit the findings to the register with the opinion
performing the functions and duties relating to the registration of marks,
asking the necessary
persons and inspecting the documentations.
examining the application for registration of mark, submit it to the registrar
with opinion and
remark to grant it or not.
the functions and duties of intellectual property were assigned by Agency,
mark that falls under any of the following grounds should be presumed,
as a strong reason and the mark shall not begranted registration.
exclusively by of goods or kind of services to designate the kind, quality,
intended purpose, value, place of origin, the time of production or other signs
If the facts of the sub-section (a) and sub-section (b) falls under any of the
following grounds the registration of mark
shall not be denied.
the mark has been used by the applicant before the application date, the mark
was a well-known mark among the consumer.
application used this mark exclusively and continuously by the applicant in the
trade field of the Union.
adversely of public orders morality, faith and conscience or venerated
cherished culture of the Union and seared custom of the native of the country.
the general usage or custom in the contemporary usage and provincial usage in
the trade field.
sub-section (d) cheating the public or trade field to be deceived.
or partial reproduction or imitation of the reproduction of a flag adopted by a
state, an armorial beastie and emblem, official sign or hallmark indicating
control And warranty adopted by a state, other armorial bearings flags, other
emblems,abbreviations, and names of international andinter governmental
organization and unless authorized by the authorities of the state.
emblems with particular protection under international treaties to which the
Union is a contracting party.
mark that falls under any of the following grounds shall be relevancy to
be refused as a ground and the mark shall be refused to be registered.
it is identical or similar to an earlier mark registered in the name of
different person, the goods orin respect of which registration has been
requested are identical or similar to the goods or services for which earlier
mark has been registered and the use of the sign would cause a likelihood of
confusion with that mark.
the permission of the relevant person or organizations, using the mark
affecting the person rights of a person; or the name and reputation of the
mark affecting the infringement of IPRS of the other person.
filing in good faith for registration of the mark.
it is identical or similar to a well-known mark, the goods or services in
respect of which registration of sign is applied for are identical with or
similar to the goods or services for which the well-know a mark is used and the
use of the sign would cause a likelihood of confusion with that mark.
it is identical or similar to a registered well-knows mark, the goods or
services in respect of which registration of the sign is applied for are
dissimilar to the goods or services for which the well-known mark is
registered, the use of the sign would indicate a connection between the goods
or services for which it is used and the owner of the interests of the owner of
the well-known mark.
order to register a mark for the intellectual properties rights, an application
shall be filed to the registrar in accordance with the stipulations by any
person who files the application for the registration.
The Applicant shall provide as follow:
prepare the application for registration either in Myanmar Language or English
requesting by the Registrar, the application in Myanmar Language shall be
translated into English language or the application in English language be
translated into Myanmar language.
the translation is under sub-section (b), the translation shall be certified
and signed by the applicant.
(A) The applicant for the registration of a mark shall state the following
request of be registration.
and address of the applicant or legally organized organization.
the applicant is a representative, the name, N.R.C No and address.
full exposition of the mark.
names of the goods and/or services for which the registration is roughaccording
to the classes of the international classification.
elements contained in sub section (a) and the following elements shall be
attached if necessary.
the applicantis applying on behalf of the legally formed organization,
organizationregister, number, classification and name of the country.
the applicant requested for priority, evidence in support of the priority and
request of priority.
the applicant requested for the priority of exhibition, evidence in support of
priority and request of priority right.
the applied mark is has been registered at the documentary Registered Office,
evidence document in support of registration.
necessities proscribed by the agency and department at the proper time.
prescribed fees are paid and sufficient with the specification under section 17
sub-sections (a), the date of the receipt of the registrar shall be presumed to
be the date of the application filed at the Union.
The registrar may-
the persons more than one are filing the application for the identical or
similar mark on the different dates, are disputed with the other application,
the person who file the application at the earliest time according to the
stipulations shall be granted to be registered.
the application is under sub-section (a) and such application request priority
right or priority right of exhibition, the applicant is disputed with the other
application the person who filed the application with the earliest priority
date according to the stipulations shall be granted to be registered.
the persons more than one person are filing application on the identical or
similar marks at the same date or request the equal property date.
registrar shall direct all the applicants to discuss among them and resubmit
theone to be registered in the prescribed time.
applicants shall resubmit the person who is discussed and recognized as the
agreed person to be registered according the direction of registrar.
the applicants are directed under subsection (a) and not agree among them they
shall follow the decision according to stipulations.
21. (a) The
applicant for the registration of a mark.
prior to the grant or rejection made by the Registrar in respect of the
application or during the period appealed upon the decision of the Registrar to
the agency subscriptingthe prescribed fees, apply to amend application,
translation, clerical error in the evendentinal document and other mistake to
be allowed to amend, to the registrant.
withdraw the application with respect to registration of mark.
subscribing the prescribed fees may request the registrar to divide any
application listing several goods or services into more than oneapplications or
extend or limit or reduce the list of goods or services.
(b) In submitting to
decide any application as new application underthe sub-section (a) (3) the
original date of the application shall be presumed to be the filing date.
22. The registrar may
examine the application under section 21 according to the stipulation and grant
Objection and Registration with respect to an application for the registration
of a mark the Registrar
Relating the registration of marks, the registrar may-
after examining whether involved with the elements of section 13 or whether
elements of section 17 are fulfilled, the application which conforms to the
stipulations shall be submitted to the registrar with opinion and remark.
after examining whether involved with the element of section 13, or whether
element of section 17 are fulfilled, the application which does not conform to
the stipulations shall be informed to the applicant with the permission of the
registrar to amend it as necessary, if the applicant does not amend the
application within 30 days of receiving it, the application shall be presumed
to be given up.
the necessary amendments of the application are received, examine the
application and submitted the application to the Registration with opinion and
applicant for the registration of a mark;
the fail to follow within the limitation and the rights related the application
is lost and correspond with the following element the application may be
refilled to the Registrar.
of failing to follow within the limitation, submit a request within 60 days of
given up date
the explanationsinformation or necessities about the failing to follow within
limitation are attached and submitted.
reason for failing to follow within the limitation is expressed in the request.
are already paid.
the right related to the application under sub section (a) is requested to be
given back within the appealing period, the Registrar shall suspend.
the right of mark of application is to be lost and reapply the given up mark to
be registered under section 24, subsection (a) the request may be examined and
application which corresponds with the section 13 and section 17 shall be
published according to the stipulations to the notice of public and to object
as they wish.
sub scribing the prescribed fees, the person who wishes to object the
application for registration of mark may submit objection with any ground under
the section 13 and 14 within 60 days from the date of publication to the
the Registrar received the objection the notice shall be given to the applicant
within limitation to defend the objection.
respect to an application for the registration of a mark the Registrar.
there is no objection submitted within 60 days of the publication of notice to
the public, the application for the registration of the mark may be granted.
there is an objection submitted examine the objection whether it is conformed to
the stipulations under section 13 and 14, and may grant or reject it.
the grant or rejection has been recorded in the register, informed it to the
applicant. And also publish the grant or rejection it to the notice of public
according to the stipulations.
the registration is granted; the certificate of registration of the mark shall
be issued to the applicant.
owner of the mark;
apply to the Registrar after subscribing the prescribed fees to reissue a
certified copy if the original certificate has been damaged or lost.
apply to the Registrar after subscribing the prescribed fees; to correct the
clerical error and other mistakes that can be allowed to be amended or to
correct nationality and address recorded in the Register.
examining the application under section 29, sub-section (a) the certified copy
of the certificate of the registration of the mark shall be issued.
examining the application under section 29, sub-section (b),the amendment may
person who has duly filed an application for the registration of a mark in any
state that is party to the Paris Convention or member of the world
Trade Organization or his agent in title shall file an application for the
registration of the same mark in the department, in respect of goods or
services or mark which are identical with or contained within those which the
foreign application has been filed enjoy the right of priority during a period
of six months from filling date of the first application.
respect of goods or services which are identical with the mark or services
showed at the international trade affair in any state to the Paris Convention or
member of the World Trade Organization file an application for the registration
to the department within a period of six months from the date of opening of
trade fair the right of priority of exhibition shall be enjoyed.
The right of priority of exhibition shall not be more than right of
priority period received from the date of filing the application under section
Term of Registration and Renewal of Term
34. The term of
registration mark shall be 10 years from the date of filing the application.
After expiry of 10 years term of registration, the registration may be extended
for a term of 10 years at a time.
owner of the mark desirous of extending the term shall perform as follow.
6 months prior to expiry of the term subscribing the prescribed fees and shall
apply to extend the term.
the application is filed after the term of registration, it is entitled to
apply within six months given as special right. In so doing, shall subscribe
the prescribed registration fees and late fees.
permit the renewal of the term registration if the application accords with the
provisions. The extension of the term the registration shall be effective from
the expired date of former term of registration.
examination the application for renewal if it accords with the stipulations
extend the renewal term of 10 years and publish it in the manners prescribed.
extension of the term of registration and paying the fees shall be recorded in
the registration list.
the owner of the mark failed to subscribe the fees after expiring of the grace
period of 6 month the registered mark shall be lapsed.
publish the reference of the registration of mark that has an lapsed in the
mannersprescribed after it has been recorded in the registration list.
IPRS Rights of Registered Mark
rights of registered mark contained in this chapter shall be enjoyed after the owner
of mark followed the provisions of Chapter (11).
prejudice to the provisions contained in section 39 and 40, the owner of the
mark is entitled;
an exclusive right,
prevent all third parties not having the owner’s consent from using in
the course of trade identical or similar signs for goods or services which are
identical or similar, where such use would result confusion among the public,
according to the law.
to file litigation against the infringer of the rights of registered mark in
criminal or civil action or both.
the condition corresponds with the following, using in the course of trade any
sign at in identical with or similar to the registered well-known mark for
goods or services without consent of him, he may be entitled to prohibitfrom
using his mark.
it is likely to indicate a connection between the goods or services for which
it is used and the owner of the registered well-known mark,
if it is the likely to suffer the interest of the owner.
transfer or license the rights of mark which is registered to the other person according
to theprovision contained in the chapter (13) and (14).
owner of the registered mark shall not be entitled to prohibit a third party
from using in good faith for industrial or commercial purpose in the following
own name and address.
of records or services concerning kind, related matter, quality, quantity, the
intended use fullness, value, original place, the time of production or indications
of other signs.
intended purpose of the use of goods or service, in particular indications in
respect of the intended purpose of accessories or spareparts.
owner of the registered mark shall not be entitled to prohibit a third party
from using his mark in relation to the goods which have been put on the market
by the owner himself or by a third party with his consent.
anything contained in section 40, the owner of the registered may when the
condition of the goods has been changed or impaired after they have been put on
the market, consequently prohibit the sale of the said goods in conformity with
the existing law.
of the Rights of Mark
(a) The applicant who is applying to register of a mark may apply to the
registrar according to stipulations to record the transfer of his application
to any person or legally formed organization.
owner of the mark may apply to the registrar according to the stipulations to
record the transfer of his registered mark ownership to any person or legally
registrar shall record any transfer in the ownership at the request of the
applicant who is applying to register a mark or receiver of the transfer under
section 42, sub-section (a), sub-scribing the prescribed fees and shall publish
it according to the stipulations or receive of the transfer under section 42,
subsection (b), to the public notice.
transfer in the ownership of a registered mark shall have no effect if there is
no application of transfer of registered mark ownership to the registrar to
of the Registered Mark
owner of mark may license a person or an legal organization to use this
registered mark by stipulating the terms and conditions.
The owner of the mark or licensees may apply to the registrar to record the
license attached with certified copy of licensed document after subscribing the
registrar shall record the application under section 46 and publish it
according to the prescribed procedure.
request by the owner or the licensees to cancel the registered license at the registrar
according to stipulations the registrar shall cancel it from the record and publish
the cancellation to the public notice according to the prescribed procedure.
there is no application to the registrar to record the license, the license
contract shall have no effect.
AND CENCELLATION OF REGISTRATION OF MARK
(a) Upon request by any interested person, the Registrar shall declare
that registration of a mark is invalid if it is proven that the mark does not
company with the definition provided in section 2, subsection (j)or that
the mark should not have been registered became of any of the absolute grounds listed
in section 13.
request by any interested person the Registrar shall declare that the
registration of a mark is invalid if it is proved that the registered mark
should not have been registered became of any of the relative grounds of
refusal listed in section 14.
the registrar received the final determination or decision of the court to
declare that the registration of a mark is invalid, he shall declare that the
registration of the mark is invalid.
The request of the Declaration under sub-section (a) may be applied at any
(2) If the registration is not
dishonest, the request for the declaration of invalid may be applied within 5
years from the date of registration.
(e) Where grounds for invalidation exist in
respect of only some of the goods or services for which the mark is registered,
the registration shall be invalidated in relation to the registration.
(f) After recording the declaration of
invalidation of a registered mark the Registration shall inform it to the
owner of the mark and shall publish it to the notice of the public.
51. Upon request
of any interested person for using the mark, the registrar shall cancel the
registration of a mark it is found to get involved with any followings.
mark has not been put to use in relation to the goods or services for which it
is registered within a period of three years from the date of application for
registration and there are no justified reasons for such failure to use.
of the registered mark has been suspended for an uninterrupted period of three
years, and there are no justified reasons for such failure to use.
registered mark came to consist exclusively of indications which may servesin
trade, to designated kind, related matters, quality, quantity, intended
usefulness, value, place or origin, or the time of production or of indications
that have become in the current language or in the practices of trade.
the use of mark under sub-section (a) includes the followings
in a form differing in elements that do not alter the distinctive character of
the registered mark.
the mark to goods or to the packaging of goods in the State for export purpose.
it is required to prove the use to which including a mark has been put,
including the duration nature, scope of the use, the burden of proof shall be
with the mark owner.
grounds for cancellation exist in respect of only some of the goods or services
for which the mark is registered the registration shall be cancelled
the registration of a mark is cancelled, the registration is pressuredto have
been ceased legally.
the registrar shall record the cancellation of the registered mark, the owner
of the mark shall be informed for the cancellation and a reference there to be
published to the notice of public.
person shall use the mark refused for registration or cancelled the
registration by the Registrar for it involved the section 13,
sub section (c).
legal entity representing the following persons of the locality in which the relevant
good is produced, desirous of registration a geographical indication shall
apply to the registrar for registration in conformity with the stipulations.
who produce goods of natural products or natural resources;
of agricultural products;
who make handicraftor industrial products;
behalf of the persons under sub-section (a) to (c), authorities of relative
government department, government organizations.
applying for the registration of a geographical induction, the application shall
correspond with the followings;
nationality and address of the applied entity or representative
geographical indication for which registration in sought,
applied area to which the geographical indication applies.
good designated by the geographical indication.
application should be accompanied by the followings.
specific characteristic of the good or quality or its reputation;
link between the prescribed specific quality, its reputation or characteristic
and original area and technology of production;
(c) It shall pay the
registration fees when apply.
geographical indication that involves any of the following points shall not be
entitled for registration;
complying with definition of geographical indication in section 2 sub-section
a generic term or customary in common language of the good that are to use such
geographical indication in the Union.
a geographical indication which is contrary to public order or good morals or
interested person related department or any organization many apply to the
registrar foe declaration of invalidation or cancellation of the registration
of the geographical indication on the following grounds;
complying with the definition of geographical indication in section 2,
order to comply with the related necessities laydown under the section 54,
sub-section (b), not able to continue performing surely.
geographical indication which is not or cease tobe protected to be in their
country of origin or which have fallen into disuse in that country.
a geographical indication which is contrary to public order or good morals or
(a) Producers carrying on their activity in the geographical area specified
in the Register shall have the right to use a registered geographical
indication in the course of trade with respect to the products
specified in the Register, provided that such products possess the quality,
reputation or other characteristics specified in the Register.
the case of homonymous geographical designations, protection will be accorded
to each indication provided that there is a sufficient distinction in practice
between the harmony registeredsubsequently and the name already on the
register, taking into account the need to treat the producers concerned in an
equitable manner and that consumer are not misled.
right holder of the registered geographical indication shall have the rights to
prevent the following matters;
use of any mean in the presentations of the goods to be originated in a
geographical area other than the true place of origin in a manner in which
mislead the public at to the geographical indication of the goods.
use of registered geographical indication which constitutes an act of unfair
use of a geographical indication indentifying for originating in the place
indicated by the geographical indication or the geographical indication is used
is used in transaction or accompanied by expression such as kind, group, type,
imitation or the like.
the geographical area or place was presented accurately, misleads the public as
to the goods of the other area of the geographical indications shall not be
entitled to rights under sub-section (a) and (c)
58. (a) If
the application complies with section 53, 54, 55 the Registrar shall publish
the contents of the application and specifications as prescribed in the
objecting the registration of geographical indication, may use the regulations
of objection of the mark as necessary.
there is no objection or the objection is rejected shall register the geographical
term of registered geographical indication shall receive the protection as long
as the specific characteristics, quality and reputations which grant the
protection of it exist.
60. (a) After
applying a geographical indication to be registered and to register a mark,
the registrar shall reject the registration of used mark because of infringing
the section 57 or in relation to the similar product.
registered marks which are involved with the section (a) the marks shall
be declared as invalid.
before applying the geographical indication to be registered, bona fide
registered or applied mark has been infringed section 57 and has been used, and
not involved with the provisions of chapter 15, althoughwhat has been in the
geographical indication, it can be used continuously for the products. The
registrar shall allow the geographical indication used for the matters as
related to the use of mark.
61. (a) Related
department and organization shall supervise the protected geographical
indications. Some of the works of supervision may be transferred to the
supervision shall include the followings: -
complying of specifications of the registered geographical indication and
names of the registered geographical indications used in the market.
comply with the specifications of product, the expense for the supervision
shall be paid by interested persons
the infringing of the rights of geographical indication if the provisions of
the law and specifications as are infringed, shall take action according to
the actionable procedure.
A trade name shall be protected whether the trade name is involved or not in
involved as a part of a mark although the trade name is not registered.
name or designation shall not be used as a trade name if by its nature or use to
which it may be put, it is contrary to public order or morality and if
particular, it is liable to deceive trade circles or the public as the nature
of the enterprise, identified by that name.
trade name shall be protected against any unauthorized use of or identical or
similar sign whether used as a trade name or a mark if that use is to mislead
Application for Registration
the person who wishes to apply for registration from inside the country oroutside
the country after the state has joined the international convention of
registration of mark system and want to practice international registration,
may apply to the registrar in accordance with the regulations.
(A) Any person dissatisfied with any decision made under this law by the
Registrar may appeal to the agency within 60 days after the decision is
agency may on under sub-section (a) confirm, set aside or revise the decision
of registrar or direct to take further evidence.
If the appeal is submitted after taking for further evidence under
sub-section (b) the agency may confirm, set aside or revise the decision of the
Any person dissatisfied with the decision made by agency may within 90
days from the date of receiving notice of such decision to the Intellectual
Property court which is authorized jurisdiction by the Union Supreme Court
according to the existing laws.
of IP Court
67. The Supreme Court
establish IP courts and appoint the judges at any appropriate place to
adjudicate on criminal or civil action about IP matters.
confer the jurisdiction and powers to the judges appointed under sub-section
(a) to adjudicate on copy right matters.
before establishing the IP Court under sub-section (a) confer the jurisdiction
and powers of IP court to the appropriate court to adjudicate on copy right
prescribe the jurisdiction and powers of the IP courts that have jurisdiction
on appeal, revision cases against any judgment, order and decision passed by
the IP courts.
confer the jurisdiction and powers of the IP Court to the appropriate court to
adjudicate the applications under section 66.
of the copy right of the mark by Custom Department
right folder who has sufficient grounds for suspecting that the mark to
fraudulent on being accused as such, has been imported or is being imported or
will be importedinside the territory of the state, may submit the application
in accordance with stipulations is director general of the custom department is
issue suspension order on the said goods not to access treaty through the trade
69. (a) The
Director General of the Custom Department;
inform to the applicant under section 68 whether his application is admitted or
dismissed within 30 days after receiving the application.
the data is not complete to scrutinize give notice of his decision to the
applicant to add further data within 15 days after the issue of notice and sent
back the application; And then adjourn the application.
prescribe any surety at the custom department according to the stipulation when
the application is received.
describe a clean reason if the application is dismissed.
the applicant does not request for the shorter period, the functions under
sub-section (a) shall be effective for six months.
70. (a) After
the Director General has admitted the application under section 69 or under the
finding of custom department, there are evidence that the goods are imported by
using the false mark, he shall stay the granting of entering freely into the
trade route,The stay shall be informed immediately to the applicant and
Director General of the Custom Department shall allowed the applicant and
importer to prove that the good is using the false mark and the request of the
applicant is true, and permit them to make sufficient examination of the
staying goods without leaking out the secret data.
(a) If the applicant does not inform to the Director General of the Custom
Department that he begins to take action to decide the truth of the cases or
the IP Court is delaying taking temporary action on for the stay of goods
flowing, within the 15 days of the notice informed the goods shall be exempted.
The prescribed limited period may be extended for 15 days more before the
limitation ended by the decision of Director General of Custom Department.
the goods are easily perishable, the time limit is three days.
the importer dissatisfied with the stay order after receiving the stay order
notice, may submit application to the jurisdictional IP court. The IP court shall
modify revoke or confirm the terms of suspension within 30 days from the date
of request for the right of revision.
the IP court decides that the goods are using the false mark the importer shall
pay the costs of destruction storage and disposal of the goods. If the Director
General of Custom Department is not able to recover the said costs the
applicant shall be obliged to pay the costs and the applicant shall be entitled
to recover any costs from the importer.
the IP court decides that the goods are not using false mark, the applicant
shall pay the amounts which are damages due to mistaken stay and temporary
storage as decided by the IP court to the importer.
provisions under this chapter shall not be applicable to the goods not as
commercial purpose but as traveler baggers intending for personal use or the
imported good as prescribed in the rules.
director general of the Custom Department may exchange information, coordinate
with the world custom organization or Director General of the Custom Department
of other country in relation with the accused goods using false mark.
of IP court in case of trademark infringements
The right holder may apply to the IP court for the damage according to the
previsions under section 79 and 80 to take action temporarily injunction by way
of civil miscellaneous case.
right holder may apply to the IP court to take action by criminal law or civil
The IP court shall, If the other person who is not the owner of the mark,
practice any right under section 38 in the Union without the permission of
owner of the mark, it shall be presumed that he infringes the protected mark
under this law.
the identical or similar unregistered well-knowing symbol of a mark for the
identical or similar goods or services without permissionis deemed to be able
to mislead the public.
(a) If the application is filed in case of Trademark infringements under section
77, sub-section (a) the IP court may decide any following actionable order or
more than one to take action and remedy according to civil law.
order as it may think fit to protect the infringement of right of mark
including the import goods cleaned by the custom from getting access to the
trade route of the state.
order as it may think fit to maintain as status of the evidence related to the
alleged infringement of the right of mark that is accused.
order that is to modify, to object and to approve the suspicion or run issued
by the relevant custom office.
IP court may request the applicant to perform the following factors for the
submit any appropriate sufficient evidence in order to ensure that the applicant
is the right holder or such rights are being infringed or thee is a potential
deposit for sufficient surety is order to prevent the abuse of provincial
performing provincially according to the IP Court order, the IP court may
direct the applicant to submit any further required information so as to
identity the goods that is being accused of infringement.
the day the IP court had started provincial performing on request, in order to
make a final decision upon the aggrieved, if the litigation by way of civil
action has not started within the period defined by the IP Court or if there is
no defined period, within 30 days from the date that gives the order for
provincial performing, the IP Court may revoke or set aside on the request of
the respondent, who in relation to the provincial performing laid down
according to section 79 sub-section (a) and section 80 sub-section (a) without
prejudice to section 80(b).
the provincial measures or are revoked by the IP Court, where there isdue to
any act or omission or where it is subsequently found that there has be
notinfringement or threat of infringement of trademark, the IP Court may have
the authority to order the applicant, upon request of the defendant, to provide
the defendant appropriate compensation for any prejudice caused by these
(a) The IP court may determine the ex-parte provisional orders under any
Where any delay is likely to cause irreparable loss to the right holder.
Where there is a credible risk of evidence being lost and destroyed.
When the IP Court are adopted on the ex-parte basic;
defendant shall be given notice without delay at the immediate time of
Within the limited period of the IP court or if not within the 30 days from the
date of notice issued, the notice given person does not obey, the measures may
be executed successfully.
the request of the defendants, shall hear the two sidesand the retrial shall be
held in the reasonable time to revise, cancel or confirm the provisional
(a) Without prejudice to the civil law and civil procedure code, the IP
court may decide a following order or more than an order under section 77
order of the infringement of copy right including the protection of the
infringement of copyright including the protection of the infringement of
copyright imported goods after custom clearance to prevent into the channels of
commerce of the Union.
(aa) To order the payment of the infringement to the right holder of damages
adequate to compensate for the prejudice suffered by right holder because of
the copy right infringement in appropriate cases the court may order the
payment of reestablished damage or the profits enjoyed by the infringer or both
to order of repay.
(bb) Order to pay the appropriate costs including legal costs and attorneys
fees of the right holder.
that without compensation of any sort disposed of outside the channels of
commerce in such a manner as to avoid any harm to the right holder or
that the materials and implements of the predominant to be destroyed or
disposed of outside the channel of commerce.
(b) When considering one of the orders under sub section (a) small
sub-section (3) and (4) the IP court considers the proportionately the
seriousness of the infringement and shall take into account the interest of the
right holder who has aabused enforcement procedure is liable to compensate a
respondent who had been wrongfully restrained for the injury suffered because
of such abuse. In addition, order the right holder to pay the respondents appropriate
expense, legal costs including attorney fees and other express.
(a) Without prejudice to the provisions of existing law the IP court may order
that this evidence, subject in appropriate cases to conditions which ensure
that protection of confidential information to produce to the other client.
When the right holder has presented reasonably available evidence sufficient to
support his claims.
the right holder has specified evidence relevant to substantiation of its
claims which lies in the control of the other client.
a party to infringement proceedingsinfringed voluntarily and without good
reason, the IP court may make preliminary and final determinations affirmative
or negative in the following conditions the IP court, on the basis of
information including complaint or allegations presented by the party adversely
affected by the denial of access to information presented to it subject to
providing the points an opportunity to be heard on the allegations or evidence.
Refuses access to necessary information;
Cannot provide necessary information within a reasonable period;
Significantly impedes a procedure relating to an enforcement action;
any offence prosecuted under this law the IP court has imposed a fine, it may
pass order to pay in whole or in part of such fine to an aggrieved
person as damages.
If both criminal and civil cases are prosecuted on the basic of the same
matter the IP court shall set-off the money as given as compensation from fine
imposed under 84 when passing the judgment, orderand decree to pay money for
damages in civil case.
it is not provided expressly in this law is request of taking action against
the infringement of right of mark the previous contain is the code of evidence
not, criminal produce and civil produce may be applied and exercised by IP
(a) Whoever commits any of the following acts for the commercial purpose
without consent of the right holder shall, on conviction be punished with
imprisonment for a term not exceeding three years or fine not more than kyats
50 Lakhs or with both.
a counterfeit false mark.
a false mark to counterfeit uses in connection with goods or services.
any material or implements, the predominant use of which to be counterfeit a
mark, apply a false mark to goods.
commits any of the following acts for the commercial purpose shall, on
conviction be punished with imprisonment for a term not exceeding two years or
fine not more than kyats 50 Lakhs or either both.
the counterfeit mark of goods are sold and distributed or take in possession to
be sold and distributed.
and exporting the goods with a forged mark, to the state or from the state.
person whoever has been punished for the infringement of any act under section 84
and found guilty and punished with imprisonment as for a term at least 3 years
at to mostly 10 years and fine with not exceeding kyats 100 Lakhs.
uses a sign of to flag or emblem with particular protection under international
treaties to which the Union is a contracting party as the mark for commercial
purpose shall, on conviction be punished with imprisonment for a term not
exceeding three years or with fine not exceeding kyats50 lakhs or with both.
removes, destroys, deforms, or makes addition with intention to adversely
affect the owner of the mark shall on conviction be punished with imprisonment
for a term not exceeding one year or with fine not exceeding kyats 30 lakhs or
commits any of the following acts, on conviction be punished with imprisonment
for a term not exceeding one year or with fine not exceeding kyats 20 lakhs or
Issuing or causing to issue a false certificate of the registered mark.
Entering or causing to enter incorrect data in the register of marks.
Violation of prohibition contained in section 52.
accompany or abet in committing any crime under this law shall be punished with
the same sentence prescribed for the offence.
this law in force, according to the registration act.
owner of the mark who has registered at the registered at the registration
office or although not being registered but really using the state market of
the right holders, derives to attain rights of registered mark, it shall file
an application according to this law.
it has registered or not, the marks which are really using in the state market
shall enjoy the right of priority is respect of the doing it during the limited
anything contained in other existing law.
of mark shall be carried and is accordance with this law.
shall be taken only under the law for any offence related to mark contained in
the registrar exercisingthe authority assigned, decide with discretion and
allow any persons to give arguments according to stipulation if heis to be
person has the right to submit any copy of certificate of registered mark and
document certificate sealed by the registrar as evidence in the relevant IP
Court may regarding for the goods with the forge marks, including material and
tools related to the crimes, pass an appropriate management order so as to
capture them as public finance, to seize, to destroy or to conduct with any
implementing the provisions contained in this law the Ministry may take
responsibility and perform the office works of the central committees and
agency and pay the expenses.
the agreement of the Union Government the ministry shall prescribed the award money
and costs for the member of the central committee, agency member and member of
work force who are not public servants.
term of the post of the Union level is same as the term of the Union President.
Ministry may form and assign the department and its local divisions to perform
the functions and duties of agency.
upon the rights of mark contained in the law shall not apply for business of
government department and any legal entities and shall not take effect an using
of any good with the marks for the bring to of the in a situation of the
state’s emergency and of the masters of public danger.
offences under this law shall be defined as the cognizable offences
disputes among the persons may be resolved by compromisefriendly between two
sides or by the decision of the arbitration or by taking action.
under this law, the central committee and agency shall be presumed to be applicable
to all the IP laws.
implementing the provisions contained in this law.
Court of the Union may issue rules, regulation, disciplines notification,
order, directives and procedure relating to justice.
The Ministry and related Ministry.
issue rules, regulations and disciplines with the agreement of the Union
issue notification, order, directive and procedure.
the works of custom, the Ministry may issue rule, regulation, and discipline of
customwith the agreement of Union Government.
agency and department may issue the notification, order, directives and
procedures with the agreement of the ministry.
hereby sign according to the constitution of the Republic of the Union of
president of the state
republic of the Union of Myanmar