In 1993, the Burma Patents and Designs Act of 1945 was repealed. Since Myanmar is a member of the WTO, ASEAN, and, most recently, WIPO, the Office of the Attorney-General has redrafted the IP laws, including the designs law, in accordance with the TRIPS Agreement. Up to this point, no new design or patent laws have been enacted. During this time, the patent/design may be registered with the Registry of Deeds and Assurances under section 18(f) of the Registration Act using a Declaration of Ownership. The patent owner makes a solemn statement of facts. The only way to notify the public of any possible passing-off and infringement of the right of patent/design ownership is to publish a cautionary notice in a local designated journal or newspaper. As a result, a design/patent application can be filed in Myanmar using a Declaration of Ownership, followed by publication of a Cautionary Notice in a local designated magazine or newspaper. Maintenance fees and annuities are not required.
Required Information
1. Name, address and nationality of the applicant; 2. Name, address and nationality of the designer; 3. Title of the industrial design; 4. If priority is claimed, the country, application number, and filing date of the original foreign application from which priority is claimed; 5. Locarno Classification Index.
Documents Required
1. The Declaration of Ownership (signed and notarized only) should include all relevant information about the Design, such as the title, registration number, and country if it has already been registered elsewhere (e.g., US Application No. ), as well as information about the design owner and designers. 2. Special Power of Attorney (signed by the Myanmar Embassy, notarized, and legalized); 3. The photo/drawing set of design; 4. Description of the design; A photocopy of the original registration document is required. It is important to note that the person signing the Declaration of Ownership and the Special Power of Attorney must be the same person.
