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The patent law in Yangon, Myanmar, slightly varies from the global patent standards as the country has its distinct cultural, economic and social aspects. The law oversees the protection of inventions, ideas, or processes that are novel, industrially applicable, and non-obvious. Patents are regulated under the Myanmar Patents and Designs Act. This law safeguards the intellectual property rights of inventors, providing them with an exclusive right to use their inventions for a certain period, generally 20 years.
For those unfamiliar with the complexities of patent law, a lawyer can provide indispensable assistance. Situations where you might need a lawyer include when you are applying for patent protection, defending your patent rights, challenging an existing patent, or dealing with legal disputes relating to patent infringements. Lawyers can ensure that applications are correctly filled out and submitted, and can represent you effectively in court should the need arise.
The key aspects of Myanmar’s local patent laws include the requirement for the invention to be novel, non-obvious, and industrially applicable. The patent holder is granted the exclusive right to use, sell, or license the invention. However, this right is not absolute, and exclusivity can be ended if it is deemed it leads to anti-competitive practices. The MyIPO (Myanmar Intellectual Property Office) is the authority responsible for patent registration in the country.
In line with international standards, patent protection typically lasts for 20 years from the date of filing in Myanmar. This timeframe can extend under certain conditions.
Yes, foreign entities can apply for a patent in Myanmar, but they have to appoint an agent residing in Myanmar to handle all formalities and correspondences regarding the patent.
The process starts with submission of an application to MyIPO. This is followed by a formal examination, publication for opposition, substantial examination and, if all is approved, patent grant and registration.
If you believe your patent rights have been violated, you can initiate legal proceedings. A patent lawyer can help you enforce your rights and seek compensation for damages.
Yes, similar to other properties, a patent can be sold, licensed or transferred to another party in Myanmar. Such transactions require legal documentation.
The primary resource for all matters related to patents in Myanmar is the MyIPO. They provide detailed information on their website, as well as assistance for filing applications. Other places to seek help include the Myanmar Ministry of Science and Technology and the Association of Southeast Asian Nations (ASEAN) Patent Examination Cooperation (ASPEC).
Should you need legal assistance in patent-related matters, your first step would be to consult with a lawyer specializing in intellectual property law in Myanmar. They can guide you through the necessary procedures, help with the preparation of documents, and represent you in any legal proceedings, all tailored according to the Myanmar patent law.
