Steps Taken to Implement the Myanmar Trademark Law 2019 (“MTL2019”)

As of 27th March 2020, Myanmar has done the followings, amongst other things, to be prepared for implementation of the MTL2019.

1.   The Department of Intellectual Property (“DIP”) has been established under the Ministry of Commerce of Myanmar.  The DIP drafted the Trademark Rules for implementing the MTL2019.

2.   In December 2019 and January 2020, the DIP organized meetings with trademark lawyers and other stakeholders to discuss the draft of Trademark Rules and the requirements and procedures for appointment of local representatives to represent trademark owners in filing and re-filing trademarks.

3.   In January 2020, the DIP and stakeholders discussed the draft of the TM2 Form prepared by DIP as the form of the official Power of Attorney (“POA”) for trademark owners to appoint local representatives to act for them in Myanmar in relation to filing trademarks, etc.

4.   In January 2020, the DIP submitted the drafts of the Trademark Rules and the TM2 Form to the Attorney- General Office for their review.

5.   On 6th March 2020, the Cabinet of Myanmar announced the establishment of the Central Committee of Intellectual Property (“CCIP”) under Section 4(a) of MTL2019.  The CCIP consists of the Vice President of Myanmar as the Chairman and the Minister of the Ministry of Commerce (“MOC”) as the Vice Chairman.  The Secretary- General of the CCIP is the Deputy Minister of the MOC. The members of the CCIP consist of five deputy ministers from the Ministry of Planning, Finance and Industry; the Ministry of Information; the Ministry of Education; the Ministry of Investment and Foreign Economic Relations; and the Ministry of Agriculture, Livestock and Irrigation plus 13 members who are the directors-general from related ministries.  The four expert members are an ex-professor of Yangon University, the President and the Vice President of the MIPPA, a member of the Mandalay City Development Committee (“MCDC”). The two NGO members are the President of the UMFCCI and the President of the Myanmar Engineering Council.

6.   The CCIP will create policies, strategies and projects related to IP rights and supervise and direct their implementations.

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