Tilleke & Gibbins has been ranked as a “Recommended Firm” in Myanmar in Asia IP’s Trademark Survey 2015. Only a handful of firms were selected for this recognition, making this a truly distinguished achievement.
In addition to the ranking, Michael Ramirez, a consultant in Tilleke & Gibbins’ Yangon office, was quoted throughout the survey’s editorial on Myanmar. Although Myanmar lacks modern IP laws, “it doesn’t mean there are no avenues to enforce IP rights,” Michael said. “You can use common law laws. It’s just that in Myanmar, those laws are very, very old.”
Despite Myanmar’s archaic IP laws, the country does have a standard recordal process. Michael said, “you get a recordal number, and then publish that in local newspapers, because there is no official gazette.” Continuing, he said, “it’s not mandatory, but you can use the process to put third parties or infringers on notice.”
Cautioning about the importance of use, Michael commented that “if you have a mark with recordal in 1965, for example, but you don’t use it and someone else does, the priority right is with the person who uses it. There is no examination process and no cancellation process. Courts can and will cancel a mark based on first use.”
Asia IP magazine covers the latest news and developments in IP law throughout Asia. In the Trademark Survey 2015, Tilleke & Gibbins received “Tier 1” rankings in Thailand and Vietnam for both “Trademark Prosecution” and “Trademark Contentious” work and was also recognized as a Recommended Firm in Laos. To learn more about these rankings, please visit the Asia IP website.