Region: Myanmar

The long-awaited Myanmar Trademark and Geographical Indication Law was passed by the Lower House on 12 December 2018. This update reviews the most notable changes introduced by the new law.

03 January 2019

Myanmar’s new Trademark Bill introduces two important novelties: the first-to-file rule, replacing the first-to-use principle; and a transition period for past recorded marks to be re-applied for under the new law.

15 March 2018

In our latest news round-up we look at a controversial trademark related to the #MeToo hashtag, California accepting state-wide trademarks for cannabis-related goods, and more.

19 January 2018

Carlsberg’s local branding of Tuborg beer in Myanmar stirred up controversy last month, which ultimately sent the company back to the drawing board. While experts suggest that the critics threatening legal action against the brewer probably had no case, this transliteration mishap shows that – despite the lack of a trademark law – companies need to tread carefully when choosing a local brand name in Myanmar.

11 February 2016

The Pabedan Township Court has ruled in favour of Mitsubishi Electric Corporation in a trademark infringement case against an importer and distributor of infringing breakers bearing the mark MITSUBISHI. Among other things, the court held that the famous character of the MITSUBISHI mark could not be “unremembered or unknown to the defendant”.

22 September 2015

Although the Myanmar Trademark Law has now been promised for a couple of years, the pressure on the country to enact IP/trademark laws has significantly reduced following the WTO’s decision that all ‘Least Developed Countries’, which include Myanmar, will have until July 2021 to enact IP legislation under the TRIPs Agreement. Therefore, the Trademark Law is likely to become effective in 2016 at the earliest.

21 January 2015

The President of Myanmar has approved the country’s first Consumer Protection Law, which is now in force. The new law contains 12 chapters and 31 sections addressing consumers’ rights and manufacturers’ liabilities. While waiting for the approval of the long-awaited trademark law, the Consumer Protection Law provides new means to combat counterfeit and substandard products and services.

27 March 2014

At present, there are no specific IP laws in Myanmar - but this is about to change. The Trademark Law is now being drafted and reviewed, and is likely to be the first IP law to be established in the country. Trademark owners should immediately seek protection for their marks under the Registration Act; by doing so, they will qualify for trademark protection under the new Trademark Law as soon as it comes into effect.

23 September 2013

Recent reports indicate that global brands aren’t waiting for their products to hit the shelves before ramping up their advertising campaigns in Myanmar. Whether it’s Coke, Pepsi, Mastercard or Visa, marketplace sources counsel that this is clearly the most strategic approach as consumer education is vital to any branding strategy for Myanmar.

24 June 2013

With the first ASEAN IP Conference in Myanmar held recently, momentum continues to build as the nation moves toward passing its first set of IP laws. The most important piece of advice for brand owners now, say trademark practitioners, is that they should file immediately under the draft law in order to best protect their marks.

19 April 2013