Priority Rights in Industrial Design Registration in Myanmar

The right of priority is indispensable for innovators seeking global protection of industrial designs. Myanmar’s legal framework honors claims based on first foreign filings or exhibitions within a six-month window, backed by comprehensive rules and robust enforcement mechanisms.

By strategically managing priority claims—ensuring timely filings, notarized documentation, and alignment with international filings – innovators can safeguard design rights in Myanmar and beyond. HAVIP Co., Ltd. remains committed to assisting clients through each procedural and substantive step in priority – based design registrations, ensuring legal certainty and full domestic protection.

Legal grounds

Paris Convention Compliance

Myanmar’s IDL and its Rules affirm that industrial designs are eligible for convention priority rights under the Paris Convention, as well as rights arising from international exhibitions. This aligns Myanmar with TRIPS obligations.

International Exhibition Priority

In addition to Paris Convention claims, priority may be exercised based on the first public display at a recognized international exhibition.

Definition and Rationale Behind Priority Rights

What Is a Priority Right?

The priority right in design law grants applicants a six-month grace period to file subsequent applications in other jurisdictions while retaining the original filing date. For design rights, this “priority period” lasts six months.

Legal Logic

Priority rights preserve the integrity of novelty-based design systems by protecting applicants’ first-filing timeframe. This prevents intervening public disclosures elsewhere from compromising subsequent filings.

Priority under Myanmar’s Industrial Design Law

Paris‑Convention Priority

Eligibility

Any design application filed in a Paris Convention or WTO member state – recognizing early filing jurisdictions – enables the claimant to seek priority in Myanmar within six months of the initial filing.

2. Documentary Requirements

• Certified priority document showing application number and date, issued by the foreign IP office.
• English or Myanmar translation of the document, duly notarized when required.
• If assignee files, evidence of assignment must be supplied.

3. Effect

Successfully claiming priority secures the earlier filing date for novelty and examination purposes. Design novelty is assessed as of the priority date, not the later filing date .

International Exhibition Priority

Basis

Priority is available if the design is first publicly displayed at a government-recognized international exhibition in a Paris Convention or WTO country.

Documentary Requirements

• Evidence issued by exhibition organizers confirming the first display date
• Exhibition details (country, name, opening date, etc.) in English or Myanmar.

Effect

The exhibition date becomes the priority date, thus protecting novelty in Myanmar registration.