Industrial Designs

Legal Basis

Membership in International Conventions

– WTO's TRIPS Agreement, since January 1, 1995.
– Convention Establishing the World Intellectual Property Organization (WIPO), since May 15, 2001.

Notes: prior to the entry into force of the Industrial Design Law of 2019 (on October 31, 2023), there was no official industrial design registration available in Myanmar. Industrial design owners relied on the practice of registering a Declaration of Ownership with the Registry Office and publishing a Cautionary Notice in a local newspaper. From February 1, 2024, the Intellectual Property Department officially began accepting applications for the registration of industrial designs.

Applicant: the creator, his legal successor or a legal transferee.

Foreigners: must appoint a local representative.

Definition: industrial design means the appearance of the whole or part of any industrial or handicraft product resulting from the features of, in particular, the lines, the contours, colors, shapes, textures or materials of the said product itself and/or its ornamentation.

Registrability: an industrial design must be new and independently created.

Novelty: an industrial design is new if it has not been disclosed to the public anywhere in the world, by writing, by using, by publishing, by displaying or by any other way, prior to the filing date of the application or date of priority if the right of priority is claimed in the application for registration of industrial design.

Exceptions to protection: (1) a design dictated essentially by technical or functional considerations; (2) being contrary to public order, morality, faith or cherished culture of Myanmar.

Multiple applications: one design application can comprise more than one design if they belong to the same Locarno class.

Opposition: possible within sixty days from publication of the application.

Duration - renewal: five years from the filing date and may be renewed for two consecutive periods of five years, up to a maximum term of fifteen years; grace period: six months, with fine.

Invalidation and cancellation: anyone may apply to the Registrar for invalidation or cancellation of the whole or part of a registered industrial design.

Appeal: anyone who is dissatisfied with any decision made by the Registrar may appeal to the Intellectual Property Department within sixty days from the date of publication of such decision. Anyone who is dissatisfied with the decision made by the Intellectual Property Department may file a case with the Intellectual Property Court within ninety days from receiving the notice of decision.

Licenses: must be registered.

Territory covered: the Republic of the Union of Myanmar.

Filing requirements for an application (to be sent to resident attorney):
1. Appointment of Representative form, notarized;
2. A clear representation of the industrial design;
3. Indication of the products to which the industrial design is applied or embodied;
4. Certified copy of the priority document (if claimed).

Electronic filing: available.