The Myanmar government is aiming to introduce new intellectual property laws by early next year.
Currently, trademark applications are filed in the form of a Declaration of Ownership of Trademark “DOT”, with the Deeds Registration Office. Each trademark must be filed using one DOT for each mark. The Applicants are also required to execute a notarised and legalised Power of Attorney (PoA) in favour of a local agent. It is important that the POA and DOT must be signed by one and the same person. After submission of the DOT and PoA, the trademark application will be registered.
Further, it is customary to publish a “Cautionary Notice” in a Myanmar newspaper, advertising the mark holder’s ownership.
It is important to note that at the time of application for registration, all documents must have a validity of three (3) months from the date of execution in their country of origin.
The business world waits in anticipation for the new law, which as the buzz goes would strike a balance between the needs of Myanmar as a developing nation and measures to ensure that the intellectual property is well protected. In this shifting legal landscape, while waiting for the new law to be finalized, intellectual property owners hoping to establish a foothold in the lucrative Myanmar market need to act now.
Clients are advised to register their rights under the existing law to secure first mover advantage, in the event that such registration is given priority under the new laws