General
Myanmar, officially the Union of Myanmar is the largest country in geographical
area in mainland Southeast Asia. Also known as Burma or the Union of Burma
by bodies and states which do not recognize the ruling military junta. It
is bordered by the People's Republic of China on the north, Laos on the
east, Thailand on the southeast, Bangladesh on the west, and India on the
northwest, with the Andaman Sea to the south, and the Bay of Bengal to the
southwest. One-third of Myanmar's total perimeter, 1,930 km (1,199 mi),
forms an uninterrupted coastline.
Myanmar's diverse population has played a major role in defining its politics,
its history, and its demographics in modern times. The country's culture,
heavily influenced by regional neighbours, is based on a unique form of
Buddhism intertwined with local elements.
Economy
Myanmar suffered extensive damage in World War
II, and some sectors of its economy have not yet fully recovered. About
60% of the population works in agriculture and forestry, and rice accounts
for about half of the agricultural output. Other important crops are corn,
peanuts, beans, oilseeds, and sugarcane. Myanmar's forests, which are
government-owned, are the source of teak and other hardwoods. In 1985
teak replaced rice as the largest single export and, together, the two
products make up over half of Myanmar's exports.
The country is rich in minerals. Petroleum is found east of the Ayeyarwady
in the Dry Zone. Tin and tungsten are mined in E Myanmar; the Mawchi mines
in Kayah State are also rich in tungsten. In the Shan State, northwest
of Lashio, are the Bawdwin mines, the source of lead, silver, and zinc.
Coal, copper, natural gas, and iron deposits have also been found in Myanmar.
Gems (notably rubies and sapphires) are found near Mogok. Since the 13th
cent., Myanmar has exported to China jade from the Hunkawng valley in
the north.
Aside from food processing, other manufacturing industries include textiles,
footwear, wood and wood products, and construction materials. The country's
chief trade partners are Singapore, China, Japan, and Thailand. In addition
to teak and rice, exports include oilseeds, beans, rubber, metals, hardwood,
and gemstones. The chief imports are machinery, transportation equipment,
food products, and consumer goods. Myanmar's developing economy, depressed
by political turmoil, began to recover in the 1980s with increased private
activity and foreign investment.
A.Patent Law
Related laws:
_ The Indian Patents and Designs Act of 1911.
_ The Myanmar Patents and Designs (Emergency Provisions) Act of
1946.
B. Trademark/Service mark Protection
Under the law at present in force, trademarks/service marks are registered
by means of Declaration of Ownership at the Registration Office here,
followed by publication of Trademark Cautionary Notices.
The practice in Myanmar regarding trademark/service mark, at the present
is:-
a. Registration of the Ownership of the Trademark/service
mark with the
Register of Deeds and Assurances.
b. Issue of Caution Notice in the local newspapers.
c. Renewal of Registration and re-publication in every three
year.
1. Required documents
Documents requirement
for Trademark/Service Marks registration in Myanmar.
1.1. Declaration of Ownership of Trademark/service mark
In the Declaration the
name of the owner of the trademark/service mark, its
address and specification of the goods/services must be stated and the
device (or) logo of the mark must be pasted on it.
To file for trademark
application, a separate Declaration is needed for each
trademark/service mark.
1.2. Power of Attorney
In the Power of Attorney,
you or your company must appoint the lawyers of
our Associates as your attorneys or agents.
One Power of Attorney
is sufficient for any numbers trademark/service mark
of the same owner.
Both the documents Declaration
and Power of Attorney must be fully authenticated
i.e. signed, notarized, legalized, and endorsed by Myanmar
Embassy in the country concerned.
Declaration and Power
of Attorney must be signed by the same authorized
signatory on behalf of the owner/applicant’s company.
The documents must be
notarized and Notary Public’s signature should be
legalized.
The signature of the Notary
Public on the documents must be certified by the
Myanmar Diplomatic Mission or Consulate in the country they are executed.
2. Terms
Any documents, Declaration
and Power of Attorney, executed out side Myanmar
have to be filed for registration within (4) months from the date
of documents executed.
3. Registration
Registration plays one
of the most important roles in protecting of the trademark/service
mark. It has a strong protection for the mark by registration.
Registration of a trademark/service mark is a relevant factor for
the purpose of determining the date since which the owner had intended
to claim the mark as his. Registration is afforded in order to introduce
an action against a third party which has passed off similar goods
bearing the offending mark, thereby misleading the public. Additionally,
registration gives an evidential value in case of dispute at a court.
Moreover, apart form evidentiary value the practice of registering the
trademark/service mark has become necessary to take proceedings in
the courts of our country, especially where no trademark Act has been
promulgated.
Publication of Cautionary Notice
Publication of trademark/service mark cautionary notice plays a great
part of a trademark/service mark. Therefore, publication of cautionary
notice in local newspaper should follow soon after the completion of registration
of a trademark/service mark. The purpose of publishing a cautionary notice
is to keep reminding the public the ownership of the trademark/service
mark and thereby warding off a potential infirnger or imitation. Publication
of cautionary notice puts weight on the ownership of a trademark/service
mark in case of litigation at a court, if there is any. However, it is
not compulsory nor a stipulation by any law. It is an established practice
in Myanmar. Also, publication of cautionary notice is usually repeated
after every three year. Additionally of course, such a publication has
a definite trade advertising and commercial value.
4. Renewal of Registration
In Myanmar, renewal
of registration is optional. Law does not prescribe it.However,
it is an established practice to renew the registration in every (3)year
to make the ownership and the owner’s rights to the trademark/service
mark more forceful in case of litigation at a court, if there
is any. Therefore, renewal of registration is recommended. It is to be
said that the owner of the trademark/service mark has better protection
of it by renewal. Renewal of registration in every three year shows
that the owner is still using its trademark/service mark. So, renewal
of trademark/service mark registration in every three years is recommended.
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