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

2. 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

3. 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.

4. 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 of TRIPs)
Intellectual property rights are exclusive rights, intangible rights which have economic values.

5. Ownership of IPRs
duration
Private domain
Public domain

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

7. Intellectual Property Rights

8. Intellectual Property Rights

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

10. Copyright and neighbouring rights

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

12. Industrial property Patents Industrial design Trademark
Geographical indications
Trade secret

13. 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)

14. Patents

15. 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)

16. Industrial design

17. 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

18. Trademark

19. 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

20. Geographical indications

21. 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

22. 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

23. Traditional Knowledge

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

25. 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

26. 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

27. 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

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

29. 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

30. (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

31. 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

32. 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

33. 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.

34. 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)

35. 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

36. Research in Universities

37. Research in Universities

38. Research in Universities

39. Research in Universities

40. Research in Universities

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

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

43. 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

44. 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

45. 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

46. Thank You