A Remarkable Step Forward: Myanmar Accepts Applications for Industrial Design and Copyright Registrations

In an historic move, Myanmar has begun accepting applications for industrial design and copyright registrations starting from 1 February 2024 and 9 February 2024, respectively. This significant development was announced through the Ministry of Commerce’s (MOC) Intellectual Property Department (IPD) Announcement No. 1/ 2024 and No. 4/2024.  This marks a crucial advancement in Myanmar’s IP landscape, establishing a framework for the protection of industrial designs, literary and artistic works, and other related rights, implemented by the new IP registry and enforcement bodies.

Industrial Design Process in Myanmar

On 31 October 2023, the long-awaited Industrial Design Law came into effect. Following the implementation of the Industrial Design Law and Industrial Design Rules, along with the specifications of the official fees and forms, the IPD officially started accepting industrial design applications under the Industrial Design Law.

Both individuals and legal entities can now file industrial design applications for eligible industrial designs before the IPD electronically, in person, or by post. For industrial design owners residing in foreign countries, the appointment of a local representative to attend to industrial design matters before the IPD in Myanmar is mandatory. In the case of an in-person industrial design application, the applicant is entitled to submit up to 100 industrial design applications, if all the products are under the same Locarno Classification. However, in the case of online applications, a separate application must be submitted for each design. Submitting multiple industrial design applications is not permitted in online filings.

In line with international standards, Myanmar acknowledges priority rights for foreign creators to file an industrial design application through priority claim routes under the Paris Convention (note: Myanmar is not yet a signatory) or the World Trade Organization’s (WTO) TRIPS Agreement within six months from the date of the initial application, enabling the retention of the same priority date.

To be eligible for industrial design registration in Myanmar, the design must be considered novel, both locally and internationally, before the filing date or priority date, if priority rights are claimed. The rights holder of an industrial design can file a civil miscellaneous case for provisional measures and/or a civil case with the IP Court. In addition, the rights of opposition and invalidation will be given to the rights holder of an industrial design under the Industrial Design Law. 

Copyright Process in Myanmar

As with industrial designs, Myanmar has undergone a significant transformation in its copyright regulations by introducing voluntary copyright registration for the first time. The enactment of the Copyright Law in 2019, which took effect on 31 October 2023, led to the repeal of the former Copyright Act of 1914. The most prominent change is that copyright registration was not available under the Copyright Act 1914, whereas the Copyright Law makes provision for voluntary copyright registration at the IPD, signalling Myanmar’s efforts to modernize its legal framework and align with international standards in copyright protection and enforcement.

While copyright protection under the Copyright Law automatically covers eligible works, voluntary copyright registration is expected to provide stronger evidence of ownership, which is particularly useful in cases involving disputes. In addition, a customs suspension order can be sought at the Customs Department, requiring the provision of a copyright registration.  Unlike the Copyright Act 1914, the Copyright Law extends protection not only to works created by nationals but also to those created by non-citizens and non-residents, if they are first published in Myanmar or published in Myanmar within 30 days of the first publication elsewhere. Foreign copyright holders must also appoint a local representative to file their copyright registration applications.