On April 29, 2019, Managing Intellectual Property (MIP) published an article diving into expected changes to the intellectual property (IP) landscape in Myanmar in light of its recently-enacted Trademark Law. To provide further authority and a localized understanding of the new law, MIP relied on the nous of two Tilleke & Gibbins professionals with in-depth experience in IP practice in Myanmar, Sher Hann Chua, consultant, and Yuwadee Thean-ngarm, director.
In discussing grey areas of new legislation, which will likely see amendments and augmentations once officially in force, Yuwadee stated that “[t]rademark owners will need to diligently spot potentially conflicting marks during the publication stage to file oppositions.” This call for diligence stems from the understanding that the trademark office will not conduct substantive examination based on relative grounds of refusal.
Further on, the article addresses the topic of multiple parties filing conflicting marks on the same day, for which the law assumes the position that such applicants will bear the responsibility of handling negotiations between themselves. With reference to that position, Sher Hann is quoted as saying, “Private negotiations between parties can be time consuming, and there is a possibility that smaller companies may be placed at a disadvantage without a level playing field.”
The enactment of the new Trademark Law in Myanmar was followed closely by the enactment of a handful of other IP laws, including a new Patent Law and a new Industrial Design Law. A new Copyright Law is also expected later this year.
To read the full article, please visit MIP ’s website (subscription required).