Myanmar IP environment: Issue on Registered Trademarks

U Nyunt Tin Associates’s in-house database showed that 75% of trademarks that registered from year 2011 to 2013 were international trademarks while the rest 25% were local trademarks. Even though the nation has transformed to a democratic nation in last couple of years and frequently indicated as a last frontier of Asia continental, flow of foreign direct investment is increasing day by day. At the same time, competition in market will be harder in 2014 and 2015. But, Myanmar is facing many challenges over infrastructure and rule of law that are still to be enacted in Myanmar. Since the country, Myanmar, is the last nation to enact Intellectual Property laws, Myanmar lawmakers are still confronting the issue over the grant of exclusive rights to registered trademark that declared ownership under current registration system after the enactment of new Trademark laws. Draft Laws markers are debating on “Transactional Provision” which is designed for the registered trademark to grant exclusive rights for specific years. However, WIPO and drafters are argued on this provision and advised not to grant full exclusive rights but merchandising rights. Ministry of Science and Technology, Ministry of Commerce, Office of the Attorney General, Myanmar Custom and relative governmental organizations, Myanmar IP practitioners and stakeholders have collaborated with the World Intellectual Property Organization (WIPO) for drafting the IP law including Copyright, Trademark, Patent and Industrial Design Laws.