Myanmar
Lead the New Era of Innovation in Myanmar with ASEAN IPR.
As Myanmar transitions to a modern intellectual property framework, the rules of engagement are changing. ASEAN IPR provides the strategic foresight and on-the-ground mastery you need to navigate the new trademark and patent laws.
Why Global Businesses Trust ASEAN IPR in Myanmar
Myanmar’s shift to the new Trademark Law 2019 and Patent Law 2019 has created a complex environment where prior rights are not automatically guaranteed. ASEAN IPR eliminates the uncertainty. We specialize in the critical re-filing processes required to maintain your historical priority dates under the new “First-to-File” regime. Our team navigates the specific procedural hurdles of the Department of Intellectual Property (DIP)—from managing “Soft Opening” re-registrations to handling new “Grand Opening” filings—ensuring your brand’s legacy is preserved without interruption.
Patent & Trademark Services in Myanmar
Myanmar is in the midst of a historic legal transformation, having shifted from an archaic deed-based system to a modern, statutory intellectual property framework. At ASEAN IPR, we guide you through this critical transition. Whether you are re-filing existing rights under the new Trademark Law 2019 or establishing fresh protection for your inventions, our team ensures your assets are secured in full compliance with the new Department of Intellectual Property (DIP) procedures.
1. Search & Strategy With the shift to a “First-to-File” system, speed is now critical. We conduct clearance searches to ensure your mark does not conflict with prior rights recorded during the “Soft Opening” period or existing registrations.
Note: If you held rights under the old system, we verify if they were successfully re-filed to maintain their priority date.
2. Application Filing We handle the filing of your mark with the Myanmar Intellectual Property Department (MIPD). Applications can be filed in English or Myanmar language.
Requirement: A clear specimen of the mark, list of goods/services (Nice Classification), and a Declaration of Intent to Use if the mark is not yet in commerce.
3. Examination The MIPD conducts two levels of review:
Formality Check: Ensures the application is complete and fees are paid.
Absolute Grounds Examination: The examiner checks if the mark is distinct and non-descriptive. (Note: Relative grounds examination is largely handled through the opposition phase).
4. Publication & Opposition Once accepted, your mark is published in the Trademark Journal. Third parties have 60 days from the publication date to file an opposition.
5. Registration & Renewal If no opposition is successfully sustained, the Registration Certificate is granted.
Validity: 10 years from the filing date.
Renewal: Renewable every 10 years indefinitely.
1. Filing the Application The new Patent Law (effective May 31, 2024) allows for the protection of Inventions (20 years) and Utility Models/Petty Patents (10 years).
Priority: We can claim priority based on an earlier application in a Paris Convention or WTO member country within 12 months of the original filing.
2. Formality Examination The Registrar reviews the application to ensure it meets all administrative requirements. If compliant, a filing date is officially accorded.
3. Publication Your patent application is published for public inspection 18 months after the filing or priority date. This opens the window for third-party observations.
4. Substantive Examination We must file a request for substantive examination within 36 months of the filing date. The examiner assesses the invention for:
Novelty (New worldwide)
Inventive Step (Non-obvious)
Industrial Applicability.
Exemption: Pharmaceutical products are currently exempt from patentability until January 1, 2033.
5. Grant of Patent Upon successful examination, the patent is granted.
Maintenance: Annual fees (annuities) must be paid to keep the patent valid for its full term.
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