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MUNA ((@MunaAgency) - Myanmar Update News Agency
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The Moreh-Tamu Border Update News - Myanmar Forum
Many thanks for your message. ANNOUNCER: Any news these doors have been reopened? Hi TZAsia, We plan to traverse the Moreh-Tamu boarder in December 2016, do you know busses from Tamu to Mandalay or Bagan? Pamuuuu....you can take a bus from Tamu or Kalay to Mandalay...BUT...note that you can only get the MTT permission for entry at the Tamu-Moreh intersection if you also get off there...i.e. you have to get on and off at this point.
Make a quest in the Lonely Planet Forums, as there are some long contributions on this subject. The thread has been discontinued due to apathy. Hopefully you will join the discussion by publishing an open subject or start a new one. If we do not comply with our policies, we will delete any postings and we retain the right to delete postings for any cause.
Burma Update: Preparing for the new trademark law
Myanmar's advanced brand system could be only a few month away with the Bill on Trademarks currently under consideration by the Myanmar Parliament. For many years, Myanmar has been working on its first official trade mark act ("the Law") as part of a wider revision of the country's regulatory frameworks to make it easier and more encouraging for companies to grow and grow in Myanmar.
After its implementation, the Act will offer Myanmar a state-of-the-art trade mark system that meets global compliance requirements and provides clarification in Myanmar's filing, registry, service and execution procedures. One of the major changes from what was suggested in previous editions of the law is the absence of a re-registration procedure from the present system to the new system, together with a rigorous first-to-file system.
Trademark proprietors should therefore be willing to apply for all major trade mark applications on the first date of entry into force of the law. In defining trademark categories, the law provides for the following: brands, services brands, certifying brands and collectively owned brands. Well-known brands that fulfil certain requirements will also survive under the law.
Both national and international trade marks holders have the right to request the registering of trade marks. Non-national applicant must designate a representative based in Myanmar to act on their behalf. However, non-national applicant must designate a representative based in Myanmar acting on their behalf. a... Trade marks are registered for 10 years from the date of application and each extension extends their period of application for 10 years.
The Myanmar Intellectual Property Office is being set up to run and monitor the law. The law also provides for the establishment of specialised intellectual property courts to deal with trade mark disputes. This law defines both civilian and penal liability for trade mark violations. Trademarks infringed in Myanmar are a crime that can be prosecuted with up to 3 years or both.
A further welcome characteristic is the ability for trade marks holders to assert their copyrights through custom. If there are reasonable grounds to suspect the entry, exit or passage of goods in violation of the law to, from or through Myanmar, trade marks proprietors may request an order for a stay or arrest from custom. Previous editions of the Act provided for a transition phase (e.g. 3 years in some drafts) during which all trade marks holders whose registration under the present system had been granted would be able to re-register under the new system.
Previous bills provided that the trade mark had retained its validity and the previous date of prioritisation of registration. This transition has been deleted from the present bill. In the absence of a re-registration procedure and a rigorous first-to-file system, trademark proprietors should be willing to apply for all their important trade names on the first date of entry into force of the law.
This three-year transition in previous draft legislation was welcome by trademark proprietors as it would have enabled trademark proprietors to re-register their trade names over a three-year timeframe and thus distribute the cost of re-registration over that timeeframe. Now that the transition deadline has expired, trademark proprietors must be prepared to submit all important trade mark applications on the first day of the law.
Whilst the bill seems to be a rigorous first-to-file system, as the law does not contain any provision regulating disputes between trademarks entered in the register of deeds and used in Myanmar's papers under the present system and/or in Myanmar and trademarks entered under the law, the law points out that the following trademarks are not registrable:
Trademarks which may violate the copyrights of other persons; trademarks which are the same or similar to well-known trademarks. If the new Trade Mark Office performs its examination of trade mark registration requests, the above terms may be regarded as registration under the present system and use currently taking place in Myanmar.
Where so, trade mark registrations and/or use under the present system may obstruct trade mark registrations under the law. That is particularly the case for well-known brands. However, it is unclear how the law and the procedures for the law will be applied in the new Trade Mark Office and is therefore the best practise for trade mark proprietors to make sure that all important trade mark files are submitted on the first day of the law.
Since the law is founded on the first-to-file principal, we strongly recommend that trade mark owners: Perform an up-to-date in-depth review of your existing Myanmar marque portfolios and identify brands that are important to your present and prospective Myanmar merchandising offerings. Carry out a cost-benefit assessment to identify which trade mark applications must be filed on the first date of the new law.
Budgets for the costs of submitting all necessary stamps on the first day. You will be kept informed of any further progress on this subject. If you need more information to protect your trademarks in Myanmar, please do not hesistate to do so.