Since the trend of Global trade has been changing through ages the developed and developing countries in the world today are not only practicing earnestly the free market system but also striving other countries of like present and possible trade partners to orientate such policy. As it is the usual way that the countries engaging economic affairs with each other are relating by means of exchanging or trading goods and services, almost all the countries legislate corresponding laws to protect one's rights from invading by others and among the inventors or manufacturers of the same country. The law which is substantial like the present age of knowledge and technology is the law concerning with Intellectual Property (I.P).
Despite the COVID-19 pandemic, the Union Government has established the Central Committee for Intellectual Property ("CCIPR") by issuing the Notification No. 18/2020 of March, 6 2020 published on May 8, 2020.Further amendment to the composition of the CCIPR was made by the Notification No. 21/2020 of March 18th, 2020. The CCIPR will then establish the Myanmar Intellectual Property Rights Agency (MIPRA) which will be responsible for receiving, examining and granting IPRs in Myanmar.
History of IPR and related agencies in Myanmar
It is generally observed that the lower Burma had been annexed by British East India Company under the guidance of the then British government, to India Continent which was subjugated prior to Burma after the so-called second Anglo-Burmese War of 1852. Having occupied lower Burma along the Ayarwaddy river up to Thayet Myo in the middle part of Burma (Myanmar), Burmese had been encountered with a new administration initially imposed by the British. They also established a system of Judiciary and Acts or Laws which had been introduced formerly in India were adopted to replace the old laws of Burma. Adoption of Acts and Laws were continued after the annexation of Upper Burma and later till Burma attained independence from British in 1948.
Since 1948, having become a free state among the family of nations a number of enactments have been made by the successive governments of Burma (Myanmar) in conformity with relevant time and conditions. Except some of the terms in context of almost all the substantive and procedural laws, introduced by British are still enforceable and in practice. Laws concerned with Intellectual Property are said to be among them. By this nature it can also be observed that the Burmese (Myanmar) people have been accustomed to the laws mostly introduced by the British for nearly one and half a century.
It is remarkably recognized because since the time from the colonial days never has any specific or separate Act or Law merely concerned with Trade Mark been enacted. It is very much unlike to the countries which are leading the world of business. It will therefore be necessary to examine what the Laws on I.P were in our country through those periods so that a correct solution can be reached over the question of maintainability or otherwise. Though there hasn't any specific or separate Law as said, Myanmar like many other countries has been taking counter measure on infringement on I.P by two means; namely (a) providing preventive laws partly in a statute or of separate statutes and (b) granting remedy or relief as an out come to aggrieved persons.
Establishment of the Agency
The CCIPR is established pursuant to Sections 4(a) of the Industrial Design Law, Trademark Law, Patent Law, and Copyright Law respectively. There are 30 members of the CCIPR, including Second Vice President of Myanmar, Minister of Commerce, Deputy Ministers from the Ministry of Information, Ministry of Industry, Ministry of Education, Ministry of Agriculture, Livestock and Irrigation, Deputy Ministers from different ministries, IPR experts, NGOs representative, Director General of Consumer Affairs.
CCIPR's Duties and Responsibilities
The CCIPR has the following statutory duties and responsibilities:
- Setting IP policies, strategies, and action plan & supervising their implementation;
- Providing guidance to foster the IPRs system for the state's economic development, foreign investment promotion, and development of small and medium-sized enterprises;
- Fostering training and capacity building in the area of IP;
- Coordinating with relevant government departments and other stakeholders for the growth of IPRs;
- Fostering communication and cooperation with organizations for the development of technology and to seek necessary assistance;
- Other duties related to IPRs assigned by the government.
Any other information has not been provided by the Ministry. The powers of the agency have not yet been explicitly defined and therefore, more information is yet to be assessed.
Conclusion
It is expected that the CCIPR will soon exercise its responsibility to establish the MIPRA, as part of the Union Government's mandate to progress the implementation of the new IP laws. The MIPRA will be the government agency responsible for receiving, examining and granting trademarks, designs, patents and geographical indications.
The country took an unbelievably long time in complying with the provision related to the establishment of the agency to manage Intellectual Property Rights alone. It is evident that the country is still in its nascent stage of formulating the laws and regulations related to Intellectual Property Rights. The policies and guidelines are yet to be designed to ensure that there is no infringement and the exclusive rights of the owners are protected.
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