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Myanamar: New Intellectual Property Legislation Still Not Passed

If you are doing business in SE Asia this Baker & McKenzie article is worth more than a quick skim.

IP legislation drafts have been ready since 2014 and are still waiting decisions from deliberating committees

 

Here’s the introduction to the B&M piece authored by  Say Sujintaya

Although the drafts have been ready as early as 2014, Myanmar’s new IP laws have yet to be passed despite earlier forecasts. The draft bills on trademark, copyright, patents, and industrial design were forwarded to the concerned legislative committee for deliberation on 24 July 2017, and are currently awaiting deliberation. At this point, though, providing any estimate of when the transition will actually happen would be speculative at best. One of the few things known for certain is that as a “least-developed country,” Myanmar has until 2021 to fulfill its obligations under the TRIPS Agreement. Still, waiting may not be the best IP protection strategy for early movers venturing into Myanmar.

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The absence of any trademark law is typically understood to mean that Myanmar law offers little, if any, trademark protection despite having a registered trademark. This may not necessarily be accurate now. While the passage of an updated trademark law would certainly be helpful, the current framework of laws and jurisprudence do recognize key legal concepts that help protect trademarks and the rights of trademark owners.

Read her full piece at: http://www.lexology.com/library/detail.aspx?g=3808023b-15a5-4a0a-ae62-b0ec3da6ba3d

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