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Myanmar’s intellectual property landscape has undergone significant changes with the implementation of the Patent Law 2020, which came into effect on May 31, 2024. This new legislation, part of a comprehensive update to the country’s IP framework, also includes the Trademark Law, Industrial Design Law, and Copyright Law. These reforms mark a pivotal step in Myanmar’s integration into the global IP system and its efforts to foster innovation and economic growth. Here’s a detailed look at the key aspects of the new Patent Law and what it means for inventors, businesses, and legal practitioners.
Key Highlights of the Myanmar Patent Law 2020
1. Eligible Inventions
To qualify for patent protection under the new law, an invention must meet the following criteria:
- 新颖性: The invention must be new, meaning it has not been previously disclosed or known before the filing date of the patent application.
- Inventive Step: The invention should not be obvious to someone with expertise in the relevant field.
- Industrial Applicability: The invention must be capable of being used in any industry, broadly defined to include the production of goods and services.
2. Ineligible Inventions
Certain types of inventions are excluded from patentability under Section 14 of the Patent Law. These include:
- Discoveries, scientific theories, and mathematical methods.
- Business schemes, rules for performing mental acts, or playing games.
- Pure software programs.
- Biological processes for producing plants and animals, with exceptions for man-made microorganisms and certain genetic materials.
- Medical methods for treating humans or animals.
- Inventions that are contrary to public order or morality.
3. Eligible Applicants
The law specifies that the inventor, or their assignee or transferee, can apply for a patent. In cases of joint inventions, all inventors must apply together. If an invention is created under an employment contract, the employer typically holds the right to apply, unless otherwise stipulated in the contract. Failure of the employer to apply within six months after notification by the employee may transfer this right to the employee.
4. Application Process
A patent application must include:
- A request for grant.
- Applicant and inventor details.
- A full description of the invention.
- An abstract, and if necessary, drawings or writings explaining the invention.
- Information on any traditional knowledge or genetic resources used.
Applications are assessed on a first-to-file basis. Detailed examination must be requested within 36 months from the application date, and the Myanmar Intellectual Property Department (MIPD) will handle publication and examination according to international standards.
5. Patent Rights and Term
Patents in Myanmar are valid for 20 years from the filing date, while utility models (simpler inventions) are protected for 10 years. Patent holders have exclusive rights to prevent unauthorized use, sell licenses, and take legal action against infringers. However, exceptions exist for non-commercial use, research, and certain other specific circumstances.
6. Priority Rights
Myanmar recognizes priority rights under the Paris Convention and the World Trade Organization (WTO) agreements. If an application for the same invention is made in Myanmar within one year of filing in another member state, the foreign filing date is considered the effective filing date in Myanmar.
7. Compulsory Licences
Under certain conditions, such as public health needs or anti-competitive practices, the law allows for compulsory licenses, ensuring that essential technologies remain accessible.
8. Appeals and Legal Proceedings
Disputes regarding patent decisions can be appealed to the IP Agency and subsequently to the Intellectual Property Rights Court, which has both civil and criminal jurisdiction over patent-related matters.
Strategic Considerations for IP Owners
With the new Patent Law in force, it is crucial for businesses and inventors to:
- Conduct IP audits to identify and protect eligible inventions.
- Ensure employment contracts include clear terms regarding IP ownership.
- Develop a strategy for patent filing and management to leverage the new legal protections effectively.
This comprehensive update to Myanmar’s IP laws aims to stimulate innovation and attract foreign investment by providing robust protections for intellectual property. Businesses and inventors should engage with IP professionals to navigate the new system and secure their innovations in this evolving legal landscape.
For detailed guidance and assistance with patent applications in Myanmar, contact PINTAS IP. Our team of experts are dedicated to helping you protect your intellectual property rights and navigate the complexities of the new legal framework.