Myanmar's draft trade mark law 2017

An introduction to Myanmar's new draft trade mark law

The draft trademark law (“Draft Law”) was published in Myanmar newspapers Kyay Mone and Myanmar Alinn from 8th to 10th of August 2017 for public comments. Overall, the Draft Law complies with the TRIPS Agreement. Regrettably, there is no procedure for automatically re-registering marks which are recorded under the current system. Therefore, all marks currently recorded would need to be re-filed and examined once the new law enters into force in order to gain protection in Myanmar. Furthermore, there is no provision addressing the potential conflicts between marks which are recorded under the current system and used in Myanmar and marks which would be registered under the new regime which cause legal uncertainty.

The Draft Law is now being reviewed by the Draft Law Committee of the Parliament. The Draft Law Committee may take one or more sessions to complete the review. The review may be completed by end of September 2017. If so, the Draft Law will be discussed and eventually voted by the National Assembly and Senate by the end of 2017 or early 2018. If the Draft Law is approved by the Parliament, it will then be sent to the President of Myanmar for his signature. A bill signed by the President will need to be published in the official gazette. Finally, the bill becomes a law on the day of publication itself.

To learn more about Myanmar's draft trade mark law, please click the link below.