Myanmar enacted its new Copyright Law on May 24, 2019, to replace the old Copyright Act of 1914. To implement the Copyright Law, the Ministry of Commerce (MOC) issued the Copyright Rules under Notification No. 70/2023 dated October 23, 2023, establishing procedures for registration of copyright and related rights. Both the new Copyright Law and the Copyright Rules finally came into force on October 31, 2023, in accordance with State Administration Council (SAC) Notification No. 218/2023. Subsequently, the MOC issued Notification No. 73/2023 on November 20, 2023, specifying the official forms for copyright and related rights matters to be filed with Myanmar’s Intellectual Property Department (IPD). An announcement specifying the government fees under the Copyright Law is still awaited. Once these fees are announced and the IPD opens voluntary registration, the new regime for copyright and related rights in Myanmar is finally expected to be fully functional. Overview The new Copyright Law gives copyright protection for eligible literary and artistic works and for the related rights of performers, phonogram producers, and broadcasting organizations. The law also enables the use of technological protection measures to protect copyright in literary or artistic works or related rights. The unauthorized removal or alteration of digital rights management information is also strictly prohibited. The law supports voluntary registration of copyright in literary and artistic works and related rights with the IPD. In addition, although Myanmar is not yet a contracting party to the Berne Convention (under which countries extend the same copyright protection to nationals and foreigners, regardless of publication in the country), the new Copyright Law extends copyright protection to foreign works created by noncitizens and nonresidents if they are first published in Myanmar or published in Myanmar within 30 days of first publication elsewhere. The Copyright Law grants the following copyright protection

On November 13, 2023, the Directorate General of Intellectual Property (DGIP) of Indonesia’s Ministry of Law and Human Rights held an offline workshop regarding intellectual property (IP).  One of the main discussion topics was the socialization of the proposed amendments to the Industrial Design Law. The proposed amendments to the Industrial Design Law contain a number of important changes, as outlined below. Industrial design definition The definition of an industrial design is clarified and emphasized in the draft law. An object protected through industrial design rights is “the outer appearance of a product,” gives an “aesthetic impression,” can be protected in whole or in part, and may be two- or three-dimensional. Registration system The protection period for industrial designs set by the draft law is 5 years, renewable for up to two additional five-year terms. This differs from the period provided under the current law, which is 10 years from the filing date, nonrenewable. Recordal system The draft law introduces a recordal system particularly for designs that have a relatively short commercial turnaround time, such as textile products. Recorded designs have a protection period of three years from the first publication. The recorded designs can become registered design applications by filing the design through the DGIP’s registration system no later than 12 months from its first publication. Details regarding the recordal system are not yet available. Nonregistrable industrial designs The draft law clarifies that the following are not registrable as industrial designs: Designs that do not give an aesthetic impression; Designs whose features are for purposes of technical functioning only; Folklore or traditional cultural expressions that have not been developed further; Designs contrary to the provisions of laws and regulations, public order, religion, or morality; and Designs filed in bad faith. International design applications The new law introduces a

The emergence of generative artificial intelligence (AI) has transformed the landscape for innovators and creators. As many legal practitioners have pointed out, it’s imperative for both developers of AI and artists using generative AI to understand the intricacies of intellectual property (IP) strategies so they can navigate this evolving terrain successfully. This article lays out some essential considerations relating to the major types of IP for both developers and creators in the realm of generative AI. IP Strategies for Developers of Generative AI Developers of generative AI technologies play a pivotal role in the innovation landscape. There are three overarching IP-related issues to consider: protecting their own intellectual property, mitigating the risk of violating other people’s IP rights, and IP commercialization. Key aspects of these concerns, along with suggested approaches for developers, are outlined below. Protecting IP Copyrights. One of the primary considerations for AI developers is the protection of AI-generated works, such as art and source code. The good news is that in most countries, these creations enjoy copyright protection without the need for registration. As a result, the works are automatically protected from the moment of creation. However, it’s crucial to maintain comprehensive records of your work to establish your ownership. Trademarks. Trademarks are vital for AI developers looking to establish and protect their brand. Pay close attention to Nice classifications, particularly class 9 (for software), class 35 (for business management and online marketing), and class 42 (for software design and development). Registering trademarks in these classes can provide robust protection for your brand and products. Patents. For truly innovative AI algorithms, techniques, or processes, consider the option of patenting. Patents offer strong protection, but they require a thorough application process and the documentation of your innovation, including evidence that the invention is novel, non-obvious, and practically

In this article originally published by World Trademark Review, Tilleke & Gibbins senior associate David Mol shares advice on how to collaborate effectively with customs officials at Cambodian border points and ports, offering a guide on how to successfully monitor for—and enforce against—counterfeit and grey market goods.   Can rights holders record trademark and brand-related IP information with Customs and, if so, how?   At present, there is no formal customs IP recordal system in place in Cambodia. However, rights holders may consider: a request letter to Customs; or recordal of an exclusive distributorship. Request letter to Customs A request letter to Customs would be an effective measure in cases where a rights holder is aware of a specific customs checkpoint that is being used to smuggle infringing goods. The rights holder may request to set up a meeting with Customs at the checkpoint to provide officials with: guidance on the issue; the IP rights involved; and information on product identification. The rights holder may further request the official’s assistance in monitoring shipments for certain goods. Customs has been open and cooperative in the past, setting up direct communication lines between rights holders and border officials. Officials then: monitor shipments; exchange sighting reports; and set up inspections where applicable. However, this option is not directly regulated under any laws or regulations, and can only be considered as an ad hoc approach in cases where the rights holder is aware of issues at a specific checkpoint. We usually do not recommend using this approach to alert all checkpoints in Cambodia, as it is rather time-intensive, requiring close cooperation and active liaison with officials. Instead, targeting specific checkpoints has proven to work in our experience. A request letter to Customs may apply to all types of intellectual property. However, a recently issued regulation that addresses suspensions