Myanmar’s economy, centered on agriculture, garments, and natural resources, is opening to global trade, creating opportunities for businesses. Protecting intellectual property (IP) is essential to encourage innovation, prevent counterfeiting, and establish brand credibility in a market transitioning to a modern IP system. Our firm provides expert IP services to safeguard your trademarks and inventions in Myanmar.

Trademarks

Trademark protection in Myanmar is governed by the Trademark Law of 2019, effective from October 2023, administered by the Intellectual Property Department (IPD) under the Ministry of Commerce. Myanmar is not a member of the Paris Convention, TRIPS Agreement, or Madrid Protocol, requiring direct local filings.

Trademark Registration Process

Securing a trademark in Myanmar involves a modernized but developing process. The key steps include:

1. Trademark Search: Conduct a search through IPD records to ensure the mark is not already in use or registered. However, at the moment a trademark search is not available.

2. Filing the Application: Submit the trademark application to IPD, providing details such as the mark, the class of goods/services (based on the Nice Classification), and applicant information. Applications can be filed in English or Burmese , with translations if required.

3. Examination: IPD examines the application for distinctiveness and non-conflict with existing marks.

4. Publication: Approved marks are published in the Trademark Journal, allowing a 60- day opposition period.

5. Opposition Period: During the 60-day window, third parties can challenge the registration if they believe it infringes their rights.

6. Registration: If no opposition is filed or if the opposition is resolved in your favor, the trademark is registered, and a certificate is issued.

The entire process typically takes 18-24 months, depending on oppositions or delays. Our firm manages every step, ensuring a seamless registration experience.

Patents

Patent protection in Myanmar is governed by the Industrial Design and Patent Law of 2019, effective from October 2023, administered by the Intellectual Property Department (IPD). Myanmar is not a member of the PCT or Paris Convention, requiring direct local filings.

● Patentable Subject Matter: Inventions that are new, involve an inventive step, and are industrially applicable qualify for protection. Exclusions include discoveries, scientific theories, and methods for medical treatment.

● Patent Types: The law covers utility patents and industrial designs. Plant varieties and software are generally excluded unless tied to specific technical applications.

● Duration: Patents are protected for 20 years from the filing date and are non- renewable.

● Examination Process: IPD conducts both formal and substantive examinations. Applicants must submit detailed specifications, and delays may occur due to the developing system.

● International Considerations: Without PCT or Paris Convention membership, foreign applications must be filed directly with IPD. Priority claims based on foreign filings within 12 months are allowed.

Contact Us

Ready to protect your IP in Myanmar? Contact us today for a consultation with our expert IP team. Let us help you secure your brand and inventions in this emerging market.