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ASEAN: Myanmar passes first specialised patent law

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Under the name "Pyidaungsu Hluttaw Law No. 7/2019", the Union Parliament of Myanmar has passed the  first specialised patent law in the country's history on 11 March 2019. Similar to the recently enacted laws for trade marks and designs, the patent law has not been implemented yet. The law will come into force upon a Presidential Notification at a later stage.

Some of the most notable features of the law include the following:

  • Introduction of both patents and utility models ("petty patents").
  • Term: 20 years from filing date for patents and 10 years from filing date for petty patents.
  • Requirements for patentability: novelty, inventive step and industrial applicability for patents; petty patents do not have to fulfill the requirements for inventive step.
  • Filing in English and Burmese possible; certified translation in the other language required upon request of the registrar.
  • Priority claim based on Paris Convention possible.
  • Publication of applications after 18 months from filing/priority.
  • Substantive examination upon request from applicant within 36 months from filing.
  • Protection of pharmaceutical products not possible (exemption for least developed countries until 1 January 2033).

For further details on this law, please refer to the website of the EU South East Asia IPR Helpdesk (link to article published by Tilleke&Gibbins).

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