Saturday, October 21, 2017

Cautionary Notice in Myanmar

1. What is a Cautionary Notice in Myanmar?

Cautionary Notice actually serves as an IPR warning which is published in Myanmar journals for public awareness of the ownership of the trademark.

2. Why is it important to follow a Cautionary Notice in Myanmar?

In countries where IPR registration is not recognized, protection is sometimes provided by the publication of Cautionary Notices in newspapers or periodicals that have a wide circulation within the relevant country or region. While Cautionary Notices are not legally required by any laws in Myanmar, they are a practical requirement should the owner of the intellectual property want to defend it against infringement. Myanmar recognizes cautionary notices as a way of protecting intellectual property. An effective Cautionary Notice in Myanmar may discourage infringement and can be relied upon as evidence of exclusive rights in a mark.

3. What are contents of the Cautionary Notice in Myanmar?

The Cautionary Notice in Myanmar should state the name and address of the proprietor, as well as a description of the intellectual property. In the case of a patent, an abstract is required, and in the case of a design, the shape of the design is required. A trademark needs only to be typed unless a special form is to be protected, in which case the special form should be reflected in the Notice.

4. Is our client's trademark advisable to be published in the form of Cautionary Notice in Myanmar?

The answer depends on whether the trademark owner actually uses his mark in Myanmar or not. If the mark is not used in Myanmar after its registration or if it is not extensively used in Myanmar (i.e. no appointed distributor etc), then it is recommended to publish the mark as a cautionary notice in Myanmar newspapers.

5. Which Myanmar newspaper should the trademark owner publish his mark in the form of Cautionary Notice?

There is a variety of Myanmar newspapers state owned or private, daily and weekly, English and Myanmar languages. Most cautionary notices are published in three (03) major newspapers The Myanmar times, Myanmar Daily Journal, The New Light of Myanmar.

6. How often should our client's publish a Cautionary Notice?

There is no written rule. Common practice indicates that a Cautionary Notice should be republished every 3-4 years. Extensively used marks should not construed as a away of republishing the Cautionary Notice since Myanmar people should understand who owns these marks.

 

Intellectual property practice in Myanmar

At present, Myanmar has no IP Laws.
Therefore, it also has no specific IP Governing Body as yet.
In Myanmar, as domestic legislations, IP rights are protectable under the following existing laws:

Read more: Intellectual property practice in Myanmar

Circular 119/2001/TT-BNN (21.12.2001)

IP News from KENFOX

CIRCULAR No. 119/2001/TT-BNN OF 21 DECEMBER 2001 OF MINISTRY OF AGRICULTURE AND RURAL DEVELOPMENT
ON THE IMPLEMENTATION OF DECREE No. 13/2001/ND-CP OF 20 APRIL 2001 OF THE GOVERNMENT ON THE PROTECTION OF NEW PLANT VARIETIES

Read more: Circular 119/2001/TT-BNN (21.12.2001)

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