Intellectual Property Rights & Myanmar Dr. Nu Nu Yi Pro-Rector Dagon University

Outline IP Introduction Protection of IPRs International Agreements relating to IPR Laws relating to IPR in Myanmar Judicial Action Administrative Role Myanmar and International Institutions & Conventions IP concerning Public Awareness Suggestion & Conclusion

IP Introduction - Intellectual Property is the “power tool” for economic development and wealth creation that is not yet being used to optimal effect in all countries, particularly in developing world.

Intellectual Property and IP Rights Reserved for types of property that result from creation of human mind, the intellect. IP refers to all categories of IP (Art. 1.2 of TRIPs) Intellectual property rights are exclusive rights, intangible rights which have economic values.

Ownership of IPRs duration Private domain Public domain

Two basic categories of IPRs Copyrights & Neighbouring Rights Industrial property such as Trademark, Patent, Industrial Design, Trade Secret, etc.

Intellectual Property Rights

Intellectual Property Rights

Copyright and neighbouring rights literary and artistic works prevents copying Originality Limited duration – life + 50 years Protection is conferred automatically no registration

Copyright and neighbouring rights

Neighbouring rights prevents unauthorized reproduction, public performance, recording, broadcasting, adaptation

Industrial property Patents Industrial design Trademark Geographical indications Trade secret

Patents new Patent right inventive step commercialize An exclusive right awarded to and inventor to prevent other from making, selling, importing, distributing, without authorization For a fix period time 20 years minimum from filing date (TRIPS)

Patents

Industrial design Protect the aesthetic aspect (shape, texture, pattern, colour) of an object, rather than technical feature And original design be eligible for protection from unauthorized use by others for a minimum of 10 years (TRIPS)

Industrial design

Trademark (Goods and Services) Provide exclusive rights to use distinctive signs, symbols, letters, shapes or names to identify the producer of a product Protect its associated reputation Prevent customer from being misled or deceived The period of protection varies but Trademark can be renew indefinitely

Trademark

Geographical indications Identify the specific geographical origin of a product, and associate quality, reputation Consist of the name of place of origin, e.g. food product Community Right

Geographical indications

Trade secret Consists of commercially valuable information about production methods, business plans, etc. Protect as now they remain secret by law which prevent acquisition by commercially unfair means and unauthorized disclosure Does not need registration It is not limited in time

Traditional Knowledge As a form of IP A term used to describe a body of knowledge built by a group of people true generation living in close contact with nature e.g.Traditional Cultural Expression, Traditional Medicine Knowledge Individual right, Community right and State right

Traditional Knowledge

Protection of IPRs By legislation (Convention/ Agreement/Law)

International Agreements relating to IPR Paris Convention for the Protection of Industrial Property, 1883 Berne Convention for the Protection of Literary and Artistic Works, 1886 Rome Convention for the Protection of the Performers, Producers of Phonograms and Broadcasting Organisations, 1961 Geneva Convention for the Protection of Producers of Phonograms Against Unauthorized Duplication of their Phonograms, 1971 Brussels Convention relating to the Distribution of Programm-Carrying Signals Transmitted by Satellite,1974

WIPO Performance of Phonogram Treaty (WPPT Internet Treaties), 1996 Nice Agreement Concerning the International Classification of Goods and services for the Purpose of the Registration of the Marks (Nice ICGS), 1957 Madrid Agreement concerning the International Registration of Marks, 1891 Agreement on Trade Related Aspects of IPRs (TRIPS) 1994 The Treaty on IP in Respect of Integrated Circuits (IPIC), 1980 Convention on Bioglical Diversity (CBD), 1992

Patent Law Treaty (2000) (For patent Legislation) The Convention for the safeguarding of Intangible Cultural Heritage 2003 The Convention on the Protection and Promotion of the Diversity of Cultural Expression, 2005 International Union for the Protection of New Varieties of Plants (UPOV), 1961 Lisbon Agreement for the Protection of Appellations of origin and their International Regulations, 1958 Hague Agreement concerning the International Deposit of Industrial Design, 1925

Three Organs Every country has 3 organs Legislative Organ (Legislation) Judicial Organ (Judicial Action) Administrative Organ (Administrative Role)

Laws Relating to IPRs in Myanmar Laws existing laws relating to Intellectual Property are as follows: (1) The Penal Code,1860 (2) The Myanmar Merchandise Marks Act, 1889 (3) The Registration Act, 1908 (4) The Specific Relief Act,1877 (5) The Myanmar Patents and Designs (Emergency Provisions) Act, 1946 (6) The Myanmar Copyright Act, 1914

(7) State-owned Economic Enterprises Law, 1989 (8) Electronic Transaction Law, 2004 (9) Sea Customs Act, 1878 (10) Control of Money Laundering Law, 2013 (11) Television and Video Law, 1996 (12) Motion Picture Law, 1996 (13) Computer Science Development Law, 1996 (14) Science and Technological Development Law, 1994 (15) Constitution of the Republic of the Union of Myanmar, 2008 (16) Private Industrial Law, 1990

Especially, under the constitution of The Republic of The Union of Myanmar 2008, the Union shall permit citizens rights of private property, right of inheritance, right of private initiative and patent in accord with the law

Judicial Action Infringement of IP Rights (in court system) and/or Damages and/or Remedies Injunctions Infringement of IP Rights (in court system) Fine and/or Punishment Imprisonment Negotiation Arbitration System (Collective Management Org.) (with NGOs) Conciliation

Administrative Role Education Sector Teaching IP Teaching of Law Department in Myanmar Law Departments offer courses in IP at both undergraduate and post graduate after 2000 In L.L.M courses, IP is taught to the International Law Group and Commercial Law Group Not only major subject in Law, but also minor subject in other specializations (e.g. IR, Library and Information) In Human Resource Center, Diploma courses in Business Law at which IP law is taught as one of the subjects IP curricula in university includes introduction to IP, copyrights, patent, trademark, GI and etc., International Agreement and Conventions related to IP, IPR Laws in Myanmar etc.

Administrative Role (Cont:) Research in University Many researchers are supported with financial and equipment by government Researchers are not only teachers but also MRes and Ph. D students in University In university, the best researcher (Art and Science) is awarded the prize by Art and Science Education Committee yearly So, in university, there are teaching and research (in different major specializations)

Research in Universities There are teaching and research in University Researchers are not only teachers but also M Res and Ph. D students in Universities IP Policy in University

Research in Universities

Research in Universities

Research in Universities

Research in Universities

Research in Universities

Myanmar and International Institution and Conventions Myanmar is a member of (International Organizations) WTO (founder member) WIPO and ASEAN

Myanmar is obliged to respect the relevant treaties [International Convention] TRIPs CBD and ASEAN Framework Agreement of IP

IP concerning with Public Awareness Everybody should know the law (IPRs laws) by legislation Training courses, workshops, seminar and etc on IP are held to attend from the different fields Information is distributed to public/ market through newspaper, journal, TV, etc. Art & Craft time is nurtured in Basic Education Level

Suggestions and Conclusion Books concerning IP should be given to the students of Basic Education level (FOC) IP Office should be established IP should be taught as a subject in Higher Education Level IP Policy in University R&D Unit should be established at every university and organization

Suggestions and Conclusion Applicable research should be applied in many business fields effectively and efficiently New Laws - Copyright Law - Patent Law - Trademark Law - Industrial Design Law - National Education Law - Higher Education Law

Thank You