Steps to Register the Licensing of Industrial Design in Myanmar

In 2025 Market, businesses seeking to leverage industrial design licensing as part of their commercialization strategy must understand the legal procedures and documentation involved in registering such licensing agreements. Licensing allows the right holder (licensor) to grant permission to another party (licensee) to commercially use their registered design while maintaining ownership of the design. In this article, HAVIP Co., Ltd. will provide a comprehensive, step-by-step guide on how to register industrial design rights licensing in Myanmar under the current legal regime.

Legal Basis for Industrial Design Licensing in Myanmar

The regulatory framework for licensing industrial designs in Myanmar is governed primarily by:

  • The Industrial Design Law 2019 (IDL)
  • The Industrial Design Rules 2023
  • Notifications and directives issued by the Intellectual Property Department (IPD)

Under the Industrial Design Law, a design registration confers exclusive rights to the design owner. These rights can be licensed wholly or partially, on an exclusive or non-exclusive basis.

Step-by-Step Procedure to Register Industrial Design Rights Licensing in Myanmar

Step 1: Confirm the Registration Status of the Industrial Design

Before initiating any licensing process, the design must be duly registered with the IPD and currently in force.

  • Only registered and valid designs may be the subject of a licensing agreement.
  • Check the validity period, the initial term is 5 years from the filing date, renewable up to two times (maximum 15 years).

Step 2: Draft the Licensing Agreement

The licensing agreement must comply with both contract law and IP-specific regulations. Key clauses include:

  • Parties involved: Licensor and licensee’s full legal names and addresses.
  • Design details: Design registration number, title, and filing date.
  • Type of license: Exclusive or non-exclusive.
  • Scope of use: Territories, product categories, methods of use.
  • Duration: Term of the license.
  • Royalties and payment terms.
  • Obligations and limitations.
  • Termination conditions.
  • Prohibition or permission of sub-licensing.

It is advisable to consult an IP Agent to ensure that the agreement complies with Myanmar law and avoids ambiguity.

Step 3: Obtain Necessary Authorizations (if applicable)

  • If the licensor is not a natural person (e.g., a company), the agreement must be signed by a duly authorized representative.
  • A Power of Attorney (PoA) may be required if the application is filed through an IP Agent.

Step 4: Prepare Licensing Registration Application

The license registration must be filed with the Intellectual Property Department. The following documents are typically required:

  1. Application Form (ID-10) for registration of a license.
  2. Certified copy of the license agreement (translated into Myanmar language if in a foreign language).
  3. Details of the registered industrial design:
    • Registration certificate
    • Design title and registration number
    • Filing and registration dates
  4. Power of Attorney, if an agent is appointed.
  5. Identification of incorporation documents of both parties.
  6. Prescribed official fee payment receipt.

All documents submitted in a foreign language must be accompanied by a certified Myanmar translation.

Step 5: Submit the Application to the IPD

Applications must be submitted directly to the IPD Office or via a registered IP representative in Myanmar. As of 2025, the IPD continues to use both physical filing and the electronic filing system (when available).

Ensure the submission is complete; incomplete applications may be rejected or delayed.

Step 6: Examination by the IPD

Upon receiving the application, the IPD will examine:

  • The validity and registration status of the industrial design.
  • Whether the licensing agreement complies with the law.
  • Completeness and accuracy of the submitted documentation.

If any irregularities are found, the applicant will be notified to correct the issues within a prescribed time frame.

Step 7: Registration and Publication

Once the IPD accepts the licensing registration:

  • The license will be officially recorded in the Design Register.
  • A registration certificate or notification of registration will be issued.
  • The license information may be published in the Official Gazette for public notice.

Only after registration can the license be asserted against third parties, such as infringers or competing users.