ASEAN INTELLECTUAL PROPERTY ASSOCIATION

General Introduction

"Laws relating to IP Protection 2014 to 2016 in general "

 

Myanmar (formerly Burma), is a Southeast Asian nation of more than 100 ethnic groups, bordering India, Bangladesh, China, Laos and Thailand. Yangon (formerly Rangoon), the country's largest city, is home to bustling markets, numerous parks and lakes, and the towering, gilded Shwedagon Pagoda, which contains Buddhist relics and dates to the 6th century.


Capital:             Naypyidaw
Currency:          Burmese kyat

President:         Htin Kyaw

Continent:         Asia
Population:       53.26 million (2013)

World Bank:

(https://www.google.com/webhp?sourceid=chrome-instant&ion=1&espv=2&ie=UTF-8#q=+Myanmar+)

 

      2016 of Myanmar government is composed with President(U Htin Kyaw), State Counselor (Daw Aung San Suu Kyi), Vice- President one(U Myint Swe), Vice-President two (Henry Van Thio ).


       The Cabinet was sworn in on 30 March 2016 at the Assembly of the Union in Naypyidaw, after being appointed by President Htin Kyaw, after the opposition National League for Democracy (NLD) won a majority in both chambers of the parliament. Under the constitution, three ministers - of Border Affairs, Defence and Home Affairs - are appointed by theNational Defence and Security Council. The remaining 15 ministers were appointed by Htin Kyaw and included a majority from the NLD, but also two members of the former ruling party, the Union Solidarity and Development Party (USDP) and a number of independents. (https://en.wikipedia.org/wiki/Cabinet_of_Myanmar)

   Myanmar under the Myanmar Kings had a solid foundation of legal framework and judicial administration. Myanmar Law was then composed of three elements: Yazathat, Dhammathat and Phyathton. Yazathats;which were the King’s Royal Edicts and Ordinances. These are composed of King’s commands and Criminal Laws for prevalence of law and order, security and peace, including mainly for high treason,murder,dacoity, robbery, theft etc.Myanmar is a developing country now but trying to catch up in protecting rights of business and IP owners. Intellectual property rights are like any other property right.


     The laws will allow creators, or owners, of patents, trademarks or copyrighted works to benefit from their own work as investment in a creation.These rights are outlined in Article 27 of the Universal Declaration of Human Rights, which provides for the right to benefit from the protection of moral and material interests resulting from authorship of scientific, literary or artistic productions.


       With the relaxation of economic sanctions regimes around the world in 2012, Myanmar (also known as Burma) now offers opportunities for both small businesses and most recognized companies around the world. Large or small, companies are finding that Myanmar’s intellectual property (IP) laws generally do not fully protect their trademarks and other property right. It is necessary to take steps locally to establish and protect IP rights.
 

Implementation of a strategy for protective measures should be at the top of the list of actions for companies considering entry into this opening market. Therefore the final draft of the Myanmar IPLaws are urgently needed to be enacted and enforced. 

Laws enacted in from 2014 -2016 in Myanmar that corresponds with IP rights. During 2014 and 2016, Myanmar enacted laws that is related to IP Protection are as follows: 

1.     Amendment of Electronic Connective and performing law 2014 February 27

2.     Consumer protection Act 2014 March 17

3.     Criterion law 2014 July 3

4.     Protection on of antique law 2015 July 22

5.     Protection and maintaining heritage buildings Law 2015 August 26

6.     Arbitration act 2016 Jan 5

7.     Protection of new plant species law 2016 Jan 19

8.     Competition Law 2015 February 24

9.     Civil Law

10.  Criminal Law

 

General view of the above mentioned laws,

 

1.     Amendment of Electronic Connective and performing law (2014, February, 27th)
This law is enacted on 2014/2/25.In this amendment law, there are total of 6 sections. The amendment for is punishment.

2.     Consumer protection Act (2014, March, 17th)

This Act is enacted on 2014 /3/14 and include 31 sections.Sections 8 to 15 are to modify concerned with IP.In this law, Chapter 7 (Section 8 to 15) is for prohibitions to Owners of business under IP.

3.     Criterion law (2014, July, 3rd)

There are 33 sections and aims to protect consumers. In specific, this law provides a strong power to the police as it is cognizable.

4.     Protection of antique law (2015, July, 22nd)

There are 29 sections are comprised and also section 1 is for name and 2 is for definition. All countries have antiques but different things .Therefore this law
protects old and beautiful buildings and artifacts and the originality.

5.     Protection and maintaining heritage buildings Law (2015, August, 26th)

This law is enacted by president.34 sections are comprised. All of the
law is concerned with IP.

6.     Arbitration act (2016, Jan, 5th)

There are 59 sections .Everybody knows that Arbitration is useful and convenient for as well as less costly .It is applicable for all commercial cases including IP.

7.     Protection of new plant species law (2016, Jan, 19th)
Protection of new plant species law is enacted at the day of on 19th
January 2016. 44 sections are included. This law protects plants and
their uses inventions of local herbal, drugs and medicinal uses.

8.     Competition Law (2015, February, 24th)

This law has 56 sections. This law encourages responsible IP practices.