Industrial Design Rights Transfer in Myanmar

In 2025, the transfer (“assignment”) of industrial design rights in Myanmar remains governed by the Pyidaungsu Hluttaw Law No. 2/2019 (“Industrial Design Law”) and the Industrial Design Rules (Notification 67/2023). Effective on October 31, 2023, these instruments establish a comprehensive legal framework within the Intellectual Property Department (IPD), Ministry of Commerce. For your information, this article will detail legal requirements and procedural steps relevant under the current law.

Legal Requirements for Transfer of Industrial Design

Written Agreement

A written, signed, and dated assignment agreement is required, specifying:

• Parties’ identities and authority;
• Description of the registered design and application numbers;
• Clausal statement of transfer;
• Place, effective date, and price if applicable.

Supporting Documents

Supporting attachments include:

• Certified copy of registration or certificate;
• Proof of ownership (e.g., agent’s confirmation);
• Board resolution for corporations;
• Notarized translation of foreign documents (if not in English/Myanmar).

Where the assignor or assignee lacks Myanmar residency, they must appoint a local IPD‑qualified representative via notarized Form ID‑12.

Fees

Payment of the prescribed registrar fee is mandatory. Schedule details are published with approval from the Ministry of Commerce.

Effective Date of Transfer

Effective Date

The effective date is the registrar’s official recording date. Rights are not considered transferred until entry is made.

Priority and Third‑Party Protection

IP rights in Myanmar benefit from novelty and priority safeguards. A transferred rights-holder can rely on earlier priority from a foreign filing under Paris/WTO, up to 6 months from the first application date. Pending public notification, third‑party acts may still infringe transferred rights.

Key advice on transferring an Industrial Design

To optimize legal enforceability:

1. Execute clear written assignment referencing registration.
2. Complete requisite Forms (ID‑12, renewal ID‑11) promptly.
3. Appoint local agent when non-resident parties are involved.
4. Monitor registries to ensure accurate recorded data.
5. Track renewal deadlines to avoid lapses.
6. Align assignments with broader IP portfolio strategies, including trademarks and other Intellectual Properties.