Myanmar’s Patent Law takes effect: a new era for invention protection

Managing IP is part of Legal Benchmarking Limited, 4 Bouverie Street, London, EC4Y 8AX

Copyright © Legal Benchmarking Limited and its affiliated companies 2024

Accessibility | Terms of Use | Privacy Policy | Modern Slavery Statement

Myanmar’s Patent Law takes effect: a new era for invention protection

Sponsored by

tillekegibbins.png
fireworks-1822479 (1).jpg

As legislation reshaping Myanmar’s intellectual property landscape comes into force, Khin Myo Myo Aye and Yuwadee Thean-ngarm of Tilleke & Gibbins outline the key provisions and consider the implications for rights holders

Myanmar’s first dedicated patent legislation, the 2019 Patent Law, officially took effect on May 31 2024, marking a crucial step towards the successful administration of a comprehensive statutory framework for patent protection in Myanmar, aligning the country more closely with international intellectual property (IP) standards.

Official announcement and implementation

The State Administration Council formalised the law’s activation through Notification No. 106/2024, issued on June 1 2024. While the law is now in effect, full implementation is still on the horizon, and awaits further regulatory developments. Key among these are:

  • The announcement of the Patent Rules, which will delineate the specific requirements, official forms, and procedures for patent and utility model applications and registrations; and

  • The publication of official forms and fee schedules by the Intellectual Property Department for patent-related matters.

Once these additional components are in place, stakeholders will be able to initiate the process of patent registration in Myanmar.

Key provisions of the Patent Law

The Patent Law establishes clear criteria for patentable inventions. To qualify for protection, an invention must meet the following conditions:

  • Novelty – the invention must not have been disclosed to the public anywhere, by any means, prior to the filing date or priority date (if claimed);

  • Inventive step – the invention must involve an inventive step that would not be obvious to a person skilled in the relevant field; and

  • Industrial applicability – the invention must be capable of use in any industry.

These criteria align with international standards for patent protection, providing a solid foundation for inventors and companies seeking to protect their innovations in Myanmar.

Priority rights and international agreements

The new law incorporates provisions for priority rights, allowing applicants to claim priority within one year of filing an application with any World Trade Organization member country. This provision is particularly beneficial for international applicants seeking to extend their patent protection to Myanmar.

It is important to note that Myanmar has not yet ratified the Paris Convention for the Protection of Industrial Property or the Patent Cooperation Treaty. Consequently, priority rights under these agreements cannot currently be claimed. However, the Patent Law includes provisions related to these international agreements, which will become operational upon Myanmar’s ratification.

Implications for rights holders

The implementation of the Patent Law represents a significant shift in Myanmar’s approach to invention protection. Key points for rights holders to consider include:

  • Evaluation of portfolios – companies and inventors should begin assessing their invention portfolios to identify which innovations may benefit from protection under the new law.

  • Preparation for registration – while awaiting the final procedural announcements, stakeholders should prepare necessary documentation and strategies for patent applications.

  • End of previous practices – the new law supersedes previous recordation practices. Notably, recordation of inventions and renewals of patents recognised under the former system will no longer be accepted.

  • Statutory protection – rights holders can now claim statutory protection and exclusive rights for their inventions under the new Patent Law regime.

Looking ahead

The activation of Myanmar’s Patent Law marks a milestone in the country’s IP development. As Myanmar continues to refine its IP framework, businesses and inventors should stay informed about forthcoming announcements regarding the Patent Rules and official procedures.

This new era of patent protection in Myanmar presents both opportunities and challenges for rights holders. Proactive engagement with the new system will be crucial for those seeking to secure and enforce their patent rights in this emerging market.

more from across site and ros bottom lb

More from across our site

Counsel reveal the lessons learned from a rejected amicus brief concerning Monster Energy that alleged ‘trademark bullying’
We provide a rundown of Managing IP’s news and analysis from the week, and review what’s been happening elsewhere in IP
New guidelines from Canada's IP office will outline how specific IP owners must be when listing goods and services in applications
Panasonic aimed to coerce Xiaomi into accepting terms the court would not determine to be FRAND, according to two judges
A case heading to the England and Wales Court of Appeal raises interesting questions about the nature of the average consumer in trademark law
Barclay Damon has announced the appointment of six lawyers to its IP team, as Burns & Levinson shuts down operations
A Federal Circuit case could lead to more clarity on damages, but practitioners differ over how far constraints should go
David Hansel of Hansel Henson explains how he successfully defended two trademark cases brought by easyGroup
Andy Lee discusses how IP can encompass anything from football boots to Peppa Pig, his love for science fiction movies, and why the best lawyers are the boldest
IP and M&A partners explain how they keep tabs on referrals and why reciprocity is important for generating new business
Gift this article