Register Industrial Designs with Priority Rights in Myanmar
Myanmar’s evolving intellectual property landscape includes the concept of the priority right—a critical legal instrument enabling design innovators to secure global protection based on their first-filed applications. This article, tailored by HAVIP Co., Ltd., offers an overview of priority rights in Myanmar’s industrial design registration.
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. 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.
Legal Effect of Priority Rights
Novelty Assessment
Priority claims re-anchor the novelty examination to the earlier date. Designs disclosed after that date but before filing in Myanmar will not be considered prior cited Industrial Designs.
Invalidation and Enforcement
Registered rights, including priority-based novelty, may be challenged via opposition or invalidation. Enforcing these rights is supported by both civil and criminal remedies under the IDL.
Registration and Examination Workflow
Application Filing
Applications may be filed in either Myanmar or English, with translations provided upon request. Required documents include:
- Applicant information (with representative details and notarized POA).
- Designer’s name and nationality.
- Drawings/photos: seven views for 3D designs; up to 16×16 cm in size.
- Locarno Classification.
- Brief descriptive statement.
- Priority documentation (for both types of priority claims).
Formal Examination
After submission, applications undergo formality checks, including completeness of priority documents if applicable.
Publication & Opposition
Accepted designs are published in the IPD bulletin with a 60‑day opposition window.
Substantive Examination & Grant
If no valid opposition is lodged, the IPD examines novelty, including relative to the claimed priority date. Upon satisfying the criteria, registration is granted, and a certificate is issued.
