In Myanmar, applications for design registration are filed with the Design Registrar of the Intellectual Property Department (IPD) under the Ministry of Commerce. The acceptance of design applications under the new system has officially started from February 2024, and applications can be submitted using the online electronic application system (WIPO File), directly to the Intellectual Property Office, or by mail. Applicants residing abroad are required to appoint a local agent when filing a design application in Myanmar. It is possible to process multiple designs simultaneously in one application, but in that case all designs must belong to the same Locarno classification class. However, in the electronic filing system, only one design can be included in one application, and online filing of multiple designs at the same time is not permitted.
The main documents and information required for application are as follows.
Applicant/creator information: The applicant's name, address, (if a corporation) corporate registration number, contact information, and if the creator is different from the applicant, the name, address, and nationality of the creator.
Copy of identity document: If the applicant is an individual, a copy of his/her National Registration Card (NRC) or passport.
Drawing or photograph of the design: A drawing or photograph (black and white or color) representing the proposed design. Image size is up to 16cm x 16cm.
Drawings of three-dimensional articles: If the design has a three-dimensional shape, submit drawings or photographs from seven directions (perspective view, front, back, top, bottom, left, and right side views).
Classification of article: Type of product for which the applied design is used (classification based on the Locarno International Classification).
Description of the design: A brief description (up to 100 words) that describes the features of the design.
Agent-related documents: If you are applying through an agent, please submit the agent's name, address, and contact information, as well as the designated power of attorney (ID-2 form). The power of attorney must be signed by the applicant and certified by a notary public.
Assignment agreement: If the applicant is not the creator himself/herself (inherited the rights from the creator), a contract for the assignment of the design from the creator to the applicant, or a copy thereof.
Priority-related documents: If you are claiming priority to the same design filed earlier in a foreign country, details of the foreign application (application number, filing date, filing country, etc.) and priority documents (copy of application reception certificate or registration certificate issued by a foreign office, etc.).
After filing, a formalities examination (examination of formal requirements) is first conducted to confirm whether the application and attached documents meet the legal requirements. Applications that have cleared the formality examination will be published (announced) in the official gazette, etc., and there will be a period of 60 days from the date of publication to file an opposition. Interested parties may object to the application during this period on grounds such as lack of novelty. If no opposition is filed within 60 days of publication, the design will be registered and a certificate will be issued. If an opposition is raised, the Registrar of the Intellectual Property Office will examine the grounds for opposition and decide whether to accept or dismiss the opposition (and thus whether to refuse the application or allow registration). If necessary, the applicant can apply for a postponement of publication of the design for up to 18 months, and IPD allows postponement of publication for up to 18 months. Furthermore, although Myanmar is not yet a member of the Paris Convention, under this system, it is possible to claim priority within six months of filing a foreign application, and by submitting priority documents at the time of filing, you can have the same priority date recognized for your domestic application.
The design right (duration of design registration) in Myanmar is 5 years from the filing date. By applying for renewal before the expiration of five years from the date of registration, the owner of a design right can receive an extension of the term for an additional five years, and is permitted to renew the same up to two times. Therefore, it is possible to maintain protection for a single design registration for a maximum of 15 years from the filing date. Applications for renewal can be made six months prior to the expiration of the original term, and even if the renewal deadline has passed, there is also a grace period in which a renewal application can be made within six months of expiration by paying a prescribed additional fee. If a design registration is not renewed after this grace period (six months), the rights will expire (cancellation) at that point.
Industrial Design under the Myanmar Industrial Design Law means the external design of an article produced as an industrial product or handicraft. The object of design is the visual characteristics (in whole or in part) of a product, including its shape, outline, pattern, color, texture, material, decoration, etc. In order to be registered as a design, it must be novel and original. In other words, the design must not be an imitation of another existing design and must not have been publicly disclosed or known in Japan or abroad before the filing date (or before the priority date if priority is claimed). A design that is simply a collection of already known designs or a design that is only slightly different from previous designs is not considered new. These requirements are in line with global standards, and Myanmar law is also consistent with international standards, such as by adopting the Locarno classification as an international classification for industrial designs.
On the other hand, there are some designs that are excluded from legal protection. Shapes that are essential solely to ensure the technical functionality of a product (i.e., designs that are purely functional) are not eligible for design registration, nor are designs that are likely to harm public order and stability, moral or religious sentiments, or national traditional culture. For example, the law prohibits registration of designs that originate from the product's structure or function itself (shapes with only functional beauty), or designs that are considered immoral or blasphemous based on conventional wisdom.
The examination of design applications in Myanmar begins with a formality check. The examiner will check whether the details in the application and attached documents meet the prescribed format and requirements, and if there are any deficiencies in the requirements, corrections will be requested. If the application is found to be formally compatible, it will be published and there will be a 60-day opposition period after publication in the official gazette. In Myanmar, there is no system that strictly examines substantial novelty and originality at the application stage, but instead ensures a substantive examination function through opposition procedures after publication. In other words, within 60 days from the date of publication, a third party may notify the applicant that ``the design is not a design as defined in the definition'', ``no novelty'', ``falls under the statutory exemption from protection'', or You can file an objection on grounds such as not having the right to apply for a design, and if an objection is raised, the Intellectual Property Office (Registrar) will examine the contents and determine whether the registration is appropriate.If no objection is raised during this opposition period, the registration will be approved without any special substantive examination.
Myanmar Intellectual Property Department (IPD) is responsible for examination and registration operations. The design examiner of the bureau prepares an examination report of the application, and the registrar (head of the Intellectual Property Bureau) makes the final decision to grant or refuse registration. The Registrar will approve registration for applications for which there are no objections within the publication period, and if an objection is filed, the Registrar will decide whether to approve or refuse registration based on the results of the review. A registration certificate will be issued to a design that has been approved for registration after examination and opposition, and a notice of registration will be published in the Design Gazette.
For many years, Myanmar did not have a modern design registration system, and legal protection for designs was limited. In the past, design creators and companies filed a Declaration of Ownership of Designat the Office of the Registrar of Deeds and Assurances in Yangon, and published a Cautionary Notice** to that effect in English-language newspapers to make the declaration known. This was a preliminary means to publicize that he owned the design and to claim relief from unfair competition (passing-off) in the event that a counterfeit product appeared on the market. However, this method did not grant exclusive rights through formal registration, and was only a check on third parties and a limited legal remedy.
With the Industrial Design Law being enforced in 2024 and the design registration system being put in place, it is now possible to formally grant design rights in Myanmar. Currently, not only domestic companies and individuals, but also foreign companies have begun to actively apply to Myanmar for external design and package design of their products, and the number of registrations is gradually increasing under the new system. The right holder of a registered design is granted the exclusive right to stop the unauthorized manufacture, sale, or import of the registered design, and can also obtain economic benefits by licensing or assigning the design right to a third party. For example, if a company obtains a design registration for its new product design, it can legally prohibit competitors from selling products that imitate that design in Myanmar, and if necessary, it could also be used to obtain royalty income by entering into licensing agreements. Although the system has only been around for a short time, there are only a limited number of well-known examples of registration, but it is expected that the number of successful design protections achieved through design registration will continue to accumulate in a variety of fields, including fashion, traditional crafts, daily necessities, and electronic devices.
Myanmar's new Industrial Design Law (Industrial Design Law, Pyidaungsu Hluttaw Law No. 2) was enacted on January 30, 2019. However, it did not come into effect immediately; its implementation was postponed for several years in order to make necessary institutional preparations. On September 29, 2023, the Ministry of Commerce issued the Industrial Design Rules, which will become the enforcement regulations of this law, and on October 18 of the same year, the State Administrative Council (SAC) issued a proclamation (Circular No. 217/2023) to implement this law from October 31, 2023. Accordingly, the Ministry of Commerce Circular No. 71/2023 dated October 27 stipulated the official formats for filing design applications and various procedures, and the Intellectual Property Agency announced the fee amount in Circular No. 2/2023 dated December 29. After these practical preparations, the Design Law officially entered into force on October 31, 2023, and IPD will begin accepting design applications from February 1, 2024. With the enforcement of this Act, the old Patents and Designs (Emergency Clauses) Act 1946 has been abolished. As part of the intellectual property legislation that has been renewed for the first time in about 70 years, a modern protection system has been put in place in the field of designs.
Looking at the status of international collaboration, although Myanmar is not yet a member of the Hague Convention (international registration system for industrial designs) or the Paris Convention as of 2025, this law is in line with international standards, such as the priority system (claiming a priority application within 6 months) in accordance with the Paris Convention, the publication deferment system, and the adoption of design classification based on the Locarno Agreement. In fact, as a member of the World Trade Organization (WTO), Myanmar has obligations under the TRIPS Agreement, and this Design Law has been developed in line with the spirit of TRIPS and the Paris Convention. In the future, if Myanmar becomes a member of the Hague Agreement and formally accedes to the Paris Convention, it is expected that acceptance of international design applications from overseas and protection of domestic designs overseas will be further promoted. Although the new system has just come into force and the operational status is still being improved and the Intellectual Property Office's system established, it is significant that design protection in Myanmar has become a realistic option for businesses both inside and outside of Myanmar.
References/Information Sources: Myanmar Industrial Design Law (2019) and its enforcement regulations, documents published by the Myanmar Intellectual Property Office, WIPO Lex database, and explanations of local laws by various law firms.
AUTHOR
Takefumi SUGIURA （杉浦 健文）
EVORIX Intellectual Property Law Firm Managing Patent Attorney
Supports clients across IT, manufacturing, startups, fashion, and medical industries, covering patent, trademark, design, and copyright filings through trials and infringement litigation. Specialized in IP strategy for AI, IoT, Web3, and FinTech. Member of the Japan Patent Attorneys Association (JPAA), Asian Patent Attorneys Association (APAA), and Japan Trademark Association (JTA).