Myanmar Industrial Design Law 2019

Myanmar’s Industrial Design Law of 2019 provides legal protection for the visual design of products, ensuring creators hold exclusive rights over the appearance of their designs. This includes the shape, pattern, and configuration of products with industrial application. To qualify for protection, the design must be new and original. The law grants design protection for an initial term of five years, which can be renewed for two consecutive five-year periods, totaling 15 years. The law excludes designs dictated solely by technical function. It aims to promote creativity and safeguard the aesthetic aspects of industrial products in Myanmar.

Registrable Industrial Designs

To be eligible for industrial design protection in Myanmar, an industrial design must be:

New: The design should not have been publicly disclosed in any form—whether in writing, through usage, publication, or display—before the filing date of the application.
Independently Created: The design should be the result of independent creativity and not a reproduction of any known designs.

An industrial design is considered new if:

• It has not been made available to the public, either inside or outside of Myanmar, prior to the date of filing or the priority date (if claimed).
• It is distinct from existing designs and is not just a combination of already-known features.

However, a design will not be registrable if:

• It is dictated solely by technical or functional requirements.
• It is contrary to public order, morality, or the cultural values of Myanmar.

Requirements for Industrial Design Registration

When applying for industrial design registration in Myanmar, the following documents and details must be submitted:

Application Form: The standard ID-1 application form, duly filled and signed.
Representation of the Design: A clear visual representation of the design (drawings, photographs, or digital images) showing all relevant views.
Description of the Design: A brief description of the design highlighting its novel aspects.
Appointment of Representative: ID-2 Form, a signed and notarized Power of Attorney is required.
Priority Claim Documents: If the application claims priority from an earlier application filed in another country, certified copies of the priority documents are required.
Payment of Fees: All applicable fees for filing must be paid at the time of submission.

Terms of Protection

Once registered, an industrial design in Myanmar is protected for:
• Five years from the filing date.
• This protection can be renewed for two consecutive periods of five years, for a total of 15 years.

Who May Apply?

The following individuals or entities can apply for industrial design registration:
• The creator of the design.
• The legal successor of the creator.
• A legal transferee who has obtained rights to the design.

Registration Process

The registration process for industrial designs in Myanmar involves several key steps:

Filing Application: The applicant must submit an application for industrial design registration along with the required documents.
First Examination: After submission, the design is reviewed to ensure it meets the requirements of novelty and independence.
Amendments: If any deficiencies are found, the applicant may need to amend the application. Failure to address these issues may result in the abandonment of the application.
Publication for Opposition: Once the design passes the initial examination, it is published to allow for third-party opposition. If any objections are raised, they must be addressed within a 60-day period.
Opposition Proceedings: During this phase, both the applicant and opposing parties can present their arguments. Based on these proceedings, the application will either proceed to the next step or be denied.
Grant or Refusal: If the design is approved, a certificate of registration will be issued. In case of refusal, the applicant has the right to appeal.
Issuing Certificate: Upon successful registration, the applicant will receive a certificate confirming their exclusive rights over the industrial design.
Appeal Process: If the decision is disputed, the applicant or opposing party can file an appeal with the patent agency within 60 days. Further appeals to the court must be filed within 90 days after the agency’s decision.

By registering an industrial design, you gain exclusive rights to protect the unique appearance of your products, helping you stand out in a competitive market. For more information on how to file your application and ensure that your design is protected, please contact us.

Bonjour Myanmar Industrial Design Registration
Building 244/246, First Floor, Pinlon Htaithtar Condo,
Pansodan Road, Kyauktada Township, Yangon Region, Myanmar
+95 (09) 40 30 30 120
management@myanmariplawfirm.com / myanmarlawfirm@gmail.com