Myanmar’s Ministry of Commerce has issued the Industrial Design Rules, which set up detailed procedures and guidelines for the registration of industrial designs under the Industrial Design Law. The announcement of the rules in Notification No. 67/2023, dated September 29, 2023, is a crucial development prior to the implementation of the Industrial Design Law, whose enforcement has been pending since its enactment in 2019.
The newly issued Industrial Design Rules will come into effect on the day that the Industrial Design Law is first enforced. The rules set out the substantive procedures for industrial design-related matters, including appointment of representative, examination, opposition, priority claims, and registration, as well as assignment and licensing of industrial designs.
Once the Industrial Design Law and Industrial Design Rules come into effect, and application fees and forms are available, individuals and legal entities can file applications to register industrial designs with the Intellectual Property Department electronically, in person (including via local representative), or by post. Applicants who are not incorporated or resident in Myanmar must appoint a local representative via the required form, which must be notarized by a notary public of the country where the applicant is incorporated or resides.
Myanmar follows the latest Locarno Classification, established by the Locarno Agreement of 1968. Applications for registration of an industrial design can be in Myanmar or English language and must include the following:
- Applicant’s name, address, ID number (passport or Myanmar citizenship scrutiny card number for individuals, legal incorporation ID number for entities);
- Notarized form appointing a local representative, if applicable;
- Name, nationality, and address of the creator, if applicable, using the required form;
- Locarno Classification and subclassification for the product associated with the industrial design;
- Drawn, photographic, or graphic representation of the industrial design;
- Indication of the product described in the Locarno Classification;
- Written description (up to 100 words) explaining the representation of the industrial design;
- Number of industrial designs (up to 100; all products must be under the same Locarno Classification); and
- Period of deferment for publication, if applicable.
The application fees and forms for industrial design-related matters have yet to be published by the concerned authority.
We will continue to monitor Myanmar’s preparations for implementing the Industrial Design Law. For more information, please contact Tilleke & Gibbins at [email protected].