Law 634B Intellectual Property Law

1. Industrial Design
Intellectual property is reserved for types of property that result from creation of human mind,
the intellect. It includes any innovation, commercial or artistic or any unique name symbol, logo design
used commercially. Intellectual property is divided into two categories; copyright and related right and
industrial property such as patent, trademark, industrial design and geographical indication etc.
Intellectual property rights are like any other property right. They allow creators, or owners, of patents,
trademarks or copyrighted works to benefit from their own work or investment in a creation.
Intellectual property right are exclusive rights, intangible rights which have economic values.
An industrial design is that aspect of a useful article which is ornamental or aesthetic. Members
shall provide for the protection of independently created industrial designs that are new or original.
The duration of protection available shall amount to at least 10 years. (TRIP) The World Intellectual
Property Organization defines "industrial design" as the ornamental or aesthetic attributes of various
articles, encompassing three-dimensional features (e.g., shapes) and two-dimensional features (e.g.,
patterns, lines, or colors) of items such as packages, containers, furniture, household goods, lighting
apparatus, jewelry, electronic devices, and textiles. Under Myanmar Industrial Design Law, (2019),
The term "industrial design" refers to the external look of an industrial good or handicraft item or its
components, which is a result of the appearances and decorations of lines, contours, colors, shapes,
surfaces, textiles, or products or such appearances or their combinations decorations.
Paris Convention for the Protection of Industrial Property, 1883 Article 5 This provision merely
states the obligation of all member countries to protect industrial designs. Art 25 TRIPs sets forth the
“Requirements for Protection”. Art 26 TRIPs defines the “Scope of protection”. The Hague Agreement
Concerning the International Deposit of Industrial Designs, 1925. It provides an international deposit
system that allows national design proprietors to obtain protection in all member states by filing one
application and depositing one sample. The Locarno Agreement(1968), is an international
classification used for the purposes of the registration of industrial designs.Art2(7) of the Berne
Convention (1886) it shall be a matter for legislation in the countries of the Union to determine the
extent of the application of their laws to works of applied art and industrial designs and models.
As case study, Star Athletica, LLC v. Varsity Brands, Inc case, (2017) U.S. (2017), was a
Supreme Court of the United States case in which the Court decided under what circumstances
aesthetic elements of" useful articles" can be restricted by copyright law. In Japan, designs are
protected under of the Japanese Design Act. The plaintiff, owner of a design right on a “Face cover for
Beauty”. In this case, the court decided that specific configurations for the two designs are not similar
and that the overall impressions of both designs are also significantly different from each other.
Industrial Design Law has enforced in 31st, October, 2023. It seeks to safeguard the rights and
interests of the industrial design owner and the inventors in accordance with this Law and to facilitate
the advancement of industrial enterprises by offering protection for creations in industrial design. In
Chapter VII and VIII provides the requirement for protection of industrial design. Any industrial
design shall be protected if it is new and independently created. (Section 13) An industrial design is
new if it has not been disclosed to the public inside or outside of the country, 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 the registration of industrial design in
the State. (Section 14) An industrial design is not new if it does not significantly differ from known
designs or it is the combinations of known design features. (Section 15). The industrial design which
falls under any of the following matters shall not be protected:
(a) being the design dictated essentially by technical or functional considerations;
(b) being contrary to public order, morality, faith or cherished culture of the State. (Section 16)
Chap. XV concerned with the rights of the registered industrial design.
45. If the owner of registered industrial design complies with the provisions in Chapter XIV, he enjoys
the rights of registered industrial design in this Chapter within the period of the registration of industrial
design.
46. Without prejudice to the provisions in sections 49 and 50, the owner of the registered industrial
design is entitled:
(a) as an exclusive right:
(i) to prevent a third party not having the owner’s consent from making, selling or importing the
products bearing or embodying an industrial design which is a copy or substantially a copy of the
registered industrial design when such acts are undertaken for commercial purposes in accordance with
this law.
(ii) to file litigation against the infringer of the rights of registered industrial design in a civil action.
(b) to transfer or license the rights of registered industrial design to any other person in accordance
with the provisions in Chapters XVI and XVII.
Before 2019, Myanmar did not possess a comprehensive legislative framework for the
protection of industrial designs. This lack resulted in difficulties in protecting the rights of designers
and innovators, hence constraining investment in creative industries. In 2019, Myanmar implemented
its Industrial Design Law, signifying a crucial advancement in the establishment of a legislative
framework for the protection of industrial designs. This legislation sought to augment the safeguarding
of novel and original designs, fostering innovation and creativity throughout the nation. The enactment
of the law was a component of Myanmar's initiatives to harmonize its intellectual property framework
with international standards, particularly concerning its obligations under the TRIPS Agreement and
its membership in WIPO.