1. A person who wishes to apply for registration of an Industrial Design to obtain rights in said Industrial Design may submit an application to the Registrar as per the specified requirements.
2. An applicant for registration of an Industrial Design
(a) may submit a single application for one or more Industrial Designs if Industrial Design Products or Industrial Designs used in the Products fall in the same class in the International Classification for Industrial Designs provided in the Locarno Agreement.
(b) may prepare an application for registration in Burmese or English.
(c) shall have the application translated from Burmese into English or vice versa upon the request of the Registrar.
(d) shall sign the translation with authentication, if such translation is required pursuant to Subsection (c).
3. An applicant for registration of an Industrial Design
(a) shall indicate the following information in the application for registration:
i. request for registration;
ii. name and address of the applying individual or legal entity;
iii. name, NRC No., and address of the agent, if the applicant appoints an agent for this matter;
iv. clear and detailed description of the Industrial Design;
v. description of the Products which the Industrial Design has been embodied in or which has been depicted with the Industrial Design.
(b) shall provide the following information, in addition to that of Subsection (a), if required:
i. if the application is submitted by a legal entity, the registration no. of the entity, the type of entity, and the country of origin;
ii. claim for priority right together with sound evidence showing the existence of said priority right, if the applicant makes a priority right claim;
iii. claim for exhibition priority right together with sound evidence showing the existence of said exhibition priority right, if applicant makes an exhibition priority right claim;
iv. other requirements as set forth by the Agency and the Department from time to time.
4. The date when the Department receives an application for registration of an Industrial Design that meets the requirements set forth in Section 3(a), upon the payment of the prescribed fee by the application, shall be deemed the filing date of said application for registration in the Union.
5. (a) Where more than one person submits applications for registration of identical or similar Industrial Designs on different days and there is a dispute over such applications, the Registrar shall permit registration of the Industrial Design of the applicant that has submitted the earliest application for registration that satisfies the requirements.
(b) In submitting applications pursuant to Subsection (a), where applicants claim a Right of Priority or an exhibition priority right and there is a dispute over such applications, the applicant whose application satisfies the requirements for registration and contains the earliest priority date shall be permitted to register the Industrial Design.
6. If more than one applicant submits applications for registration of identical or similar Industrial Designs on the same day or claims the same priority date,
(a) the Registrar shall direct all applicants to present the name of person whom they wish to nominate as applicant for the Industrial Design after consulting with one another within an appropriate period;
(b) the applicants shall notify the Registrar of the name of nominee that they have designated as applicant for the Industrial Design or the designation of them as co- applicants after consultation with one another as per the direction of the Registrar;
(c) where applicants do not reach agreement on such matter despite the direction of the Registrar under Subsection (a), such applicants shall comply with the decision made by the Registrar in the prescribed manner.
7. (a) An applicant for registration of an Industrial Design
i. may make a request, upon payment of prescribed fees, to the Registrar to amend the application, if it wishes to correct an error in the written words or other amendable errors in the application, translation, or other supporting documents, before the Registrar permits or refuses the registration of the Industrial Design or before the Agency makes a decision regarding an appeal against the decision of the Registrar.
ii. may make a request to withdraw all or some of the Industrial Designs contained in the Industrial Design application.
iii. may, upon payment of the prescribed fee, make a request to divide any application which contains multiple Industrial Designs into two or more new applications.
b) In submitting new applications so divided under Subsection (a)(iii), the filing date of the initial application shall be deemed the filing date of the applications so divided.
8. The Registrar may allow an amendment after reviewing the request made pursuant to Section 7, as per the prescribed conditions.
