On October 18, 2023, Myanmar’s State Administration Council (SAC) issued notifications announcing the enforcement date of the Industrial Design Law and Copyright Law, which were both enacted in 2019. Notifications No. 217/2023 and No. 218/2023 set October 31, 2023, as the effective date for the Industrial Design Law and the Copyright Law, respectively. These notifications mark the beginning of the substantive protection framework for industrial designs and copyrights in the country. Myanmar’s Ministry of Commerce had already issued the Industrial Design Rules on September 29, 2023, laying out procedures and guidelines for registration of industrial designs under the Industrial Design Law. The next step will be the announcement of forms and official fees for conducting industrial design-related matters at Myanmar’s Intellectual Property Department (IPD)—a step that is imminent now that the effective date of the law has been announced. Rights owners should therefore begin assessing their portfolios and preparing the requirements for applying for registration to secure statutory rights for their industrial designs in Myanmar. The protection of copyrights arises automatically without a mandatory registration process. However, when the new Copyright Law takes effect, replacing the old Copyright Act of 1914, rights owners will be able to voluntarily record their copyrights under the framework established by the new law. These recordals can provide stronger evidence of ownership in the event of a dispute over the copyright work. For more information on these developments, or to check on the latest updates to Myanmar’s legal framework for protecting intellectual property, please contact Tilleke & Gibbins at [email protected].

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. Registration Applications 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. Application Requirements 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

As part of its continual work to improve Indonesia’s intellectual property (IP) e-filing system, the Directorate General of Intellectual Property (DGIP) makes regular updates and upgrades to the system. In recent months, the DGIP has implemented several important changes from previously used versions that applicants should be aware of when filing IP applications. Below is a summary of some key changes and updated requirements for applications using the IP e-filing system, grouped by IP type. Designs Drawings must be in JPG format only, and only one view is allowed per page. Once payment for the application has been made, no refund request is available. Only one figure is allowed for each design view, except for reference and perspective views. Patents For inventions already registered outside Indonesia through the Patent Cooperation Treaty (PCT), the title of the invention in the application for registration in Indonesia must match the title of the invention as registered with the World Intellectual Property Organization (WIPO). All bibliographic data in the national phase application must match the information from the PCT international phase as listed on WIPO’s website. Excess claim fees must be paid at the time of filing the patent application. Trademarks Applicants must choose their desired goods and services from the list, and the wording used in the provided list is not editable. The DGIP frequently updates the list of goods and services, but there is no regular schedule for the updates to this database. It is very difficult to request the addition of goods or services to the list, especially if a similar alternative exists. Therefore, it is crucial for applicants to decide on the goods or services to indicate in the application as soon as possible before the list is updated, as goods and services are sometimes deleted from the list.

Protecting the aesthetic features of consumer items, such as household appliances, is essential for businesses looking to gain a competitive edge, particularly in the dynamic markets of Vietnam, Indonesia, and Thailand. Industrial design registrations (or design patents in Thailand) provide an effective means to protect the unique and ornamental designs of products, ensuring that their distinctive appearance is not imitated by competitors. This article provides a general overview of design systems in Vietnam, Indonesia, and Thailand, as well as some key considerations for businesses and rights holders. All three of these countries use an examination system for assessing applications to protect designs. While all three jurisdictions are members of the Paris Convention, only Vietnam has fully completed the process of becoming a member of the Hague Agreement. The table below offers a general comparison of the three countries’ design systems, with additional details provided in the subsequent sections. Vietnam Owners of a household appliance design may seek design rights in Vietnam by filing a national design application at the Vietnam IP Office or by filing an international design application designating Vietnam either directly with the World Intellectual Property Organization (WIPO) or indirectly through the office of the applicant’s contracting party under the Hague Agreement. Vietnam’s 2022 IP Law redefines “industrial design” as the external appearance of a product or part thereof to be assembled into a complex product, represented by shapes, lines, colors, or a combination thereof, and visible in the process of exploiting the utility of the product or complex product. The two options for obtaining design rights in Vietnam are detailed below. Vietnam National Design Application As Vietnam is a signatory to the Paris Convention, applicants are entitled to a six-month convention priority period from the filing date of the corresponding application in another jurisdiction. Under Vietnam’s