The Current Trademark Administration in Myanmar and Franchising Sector.

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Copyright Notice 2010 All rights reservedNational Seminar on Trademarks and The Franchising Sector.Organized by:

Cooperation with:

13th and 14th December,2010Traders HotelYangonUnion of Myanmar

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Copyright Notice 2010 All rights reservedThe Current Trademark Administration System and the Franchising Sector in Myanmar..

Min Tayza Nyunt TinManaging Partner, U Nyunt Tin Associates.Councillor, Asean Intellectual Property Association.Member, Licensing Executive Society (Pan Asia Group).

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Copyright Notice 2010 All rights reservedAre you Stepping into IP Regime :

Yes or No Why Yes Why NO Coz we are Human being . .

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Copyright Notice 2010 All rights reservedWhat is Intellectual Property:

Very Simple . . . . . . Daily lively hood . . . . . . Product of human being: Intellect/Brain/Concept/Idea/Innovation/CreationWithout intellectual property and Its enforcement . . . . . . . . . . ?

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Copyright Notice 2010 All rights reservedWhy Intellectual Property is Important :

Economic driving forces for MACRO Economic.Creativity of citizen and corporate.Dignity of the Nation.Respect for Human Rights.

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Copyright Notice 2010 All rights reservedWhat is Intellectual Property Rights ?

Reserved by :

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Copyright Notice 2010 All rights reservedWhat is Trademark :

It's "a word, phrase, symbol or design, or a combination of words, phrases, symbols or designs, that identifies and distinguishes the source of the goods of one party from those of others.

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Copyright Notice 2010 All rights reservedMyanmar and Its IPRs:

Are there any IPRs specific Laws in Myanmar ?

NOSo, IP owners can not protect their rights in Myanmar ?NO, obviously No

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Copyright Notice 2010 All rights reservedExisting Intellectual Property Rights related Laws:

The Registration Act(1909)Section 18(f)Direction (13) of the Inspector General of RegistrationFor Application/registration of Trademark:

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Copyright Notice 2010 All rights reserved

For protection of Trademark:Myanmar Penal Code(1861)The Specific Relief Act(1877)The Sea Custom Act(1878)

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For protection of Copyright:Specific Relief Act (1877)Myanmar Copyright Act (1914)The Television and Video Law (1996)The Computer Science Development Law

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Pre Registration stage:Is there any official Trademark Search system ?So how ?NO

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Proceeding stage:Is there any Trademark examination system ?NOIs there any Trademark objection and appeal system ?NO

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Copyright Notice 2010 All rights reservedSome Interesting Myanmar Registered Trademarks:

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Post Registration stage:Is there any Trademark gazette ?NOIs there alternative practice ?YES, Trademark Caution.

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Trademark Cautions:

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Copyright Notice 2010 All rights reservedMyanmar and Its Trademark Practice :

For Local Trademark:For International Trademark:Current Practice:

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Copyright Notice 2010 All rights reservedMyanmar and Its IPRs aspect.

Are there any IPRs specific Laws in Myanmar ?

May be tomorrow or may be by 1st July of 2013.

Dynamic of IP

Not like Penal CodeNot like Criminal Procedure Not like Civil procedure.So, our draft IP laws have to > > > > > > > > > > > >revised with current legal and business trend. NO

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Copyright Notice 2010 All rights reservedCommon Violation of Trademark Rights in Myanmar:

Passing offCounterfeitingParallel importation.

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Copyright Notice 2010 All rights reservedProtection of Trademark Rights:

Passing off.Parallel importation.

Specific Relief Act, Section (54). Tort.

Perpetual Injunction. Compensation for Damages.Civil Nature:

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Counterfeiting a trademark or property mark:

482( 1 year imprisonment or fine or both )

483( 1 year imprisonment, fine or both )

485( 3 year imprisonment ,fine or both)Using a false Trademark:Making or procession of instrument:Criminal Nature:

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Copyright Notice 2010 All rights reservedProtection of Trademark Rights in Criminal Nature (Loop holes of Section 486).

that other wise he had acted innocently:

that, having taking all reasonable precautions against this section, he had at that time of the commission of the alleged offence no reason to suspect the genuineness of the mark:

That on demand made by or on behalf of the prosecutor he give all the information in his power with respect to the person from whom he obtained such goods or things:

(1) year Imprisonment , fine or both.Selling counterfeit Trademark:

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Copyright Notice 2010 All rights reservedProtection of Trademark Rights in Border Measurement.

Section 167: Confiscation and Destroy. Penalty Importation of counterfeit Products:Sea Custom Act:Section 5 (1): Confiscation and Destroy.Import- Export Restriction Act:

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Copyright Notice 2010 All rights reservedProtection of Copyrights in Myanmar:

Copy right item relating with Franchising Sector:Software (Point of Sales)ManualTeaching MaterialFormsPromotional and advertising material.

Myanmar Copyright Act (1914).Dramatic work:Literature:Artist work:

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Copyright Notice 2010 All rights reservedWeakness of Trademark Registration/Enforcement in Myanmar:

MechanismAwarenessDatabaseMindsetIntegration

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Copyright Notice 2010 All rights reservedWhat we have to do

IPRs legal frame workIPRs public awarenessIPRs national treatment (TRIPs Article :3)

Art: 65-66 : No grace period , No exception)

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Copyright Notice 2010 All rights reservedAim and Objective of Franchising:

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Copyright Notice 2010 All rights reservedImportunateness of IPRs in Franchising Sector

YouCompanyFranchisorContract

Proposed Business Plan

Dialogue ,negotiated and Accepted.

Franchisee

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Copyright Notice 2010 All rights reserved Role of Intellectual Property in Franchising Business:

Arise based on contractual franchise agreementIntellectual licensing is a vital for all franchising businessMain clauses relating with IPRs in franchising Agreement:Trademark licensingInvention licensing Copyright licensing

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Copyright Notice 2010 All rights reservedEnforceability and validity of the franchisingagreement in Myanmar:

Myanmar Contract Act (1872)

Section 2(h): Contract is an agreement enforceable by lawSection 2(a) and (b): an agreement, i.e. and offer and an acceptance of the offerSection 23,24 and 25: Lawful consideration for the agreementSection 23 and 24: Lawful object and purpose of the agreementSection 14: free consent of the parties to the agreementSection 11: capacity of the parties to enter an agreement

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Copyright Notice 2010 All rights reservedFranchising Sector, Intellectual Property Rights and Myanmar Perspective:

Very new business area and model.

Some business has been involvedNeed to be promote more, both business concept and IPRs mindset.Can perform with existing lawsSome existing law have to made harmonization with current trend

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Copyright Notice 2010 All rights reservedOpportunity of Franchising Sector in Myanmar :

PopulationEconomic adjustmentNew business trendKeen interest and encouragement. SME

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Copyright Notice 2010 All rights reservedFuture Franchising Sector in Myanmar :

Convenient store Model agency Beautification servicesRestaurant/pub/club/cafe. Educational /vocational services Gym Fashion outlet Travel and tour operator. Car servicing. Any others ?. Health care services

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Copyright Notice 2010 All rights reservedChange and transformation of Mind set for new Economy.

MNC

Local towardRegionalLocal ChampCurrent Economics Platform New Economics Platform

Local Champ

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Local Combination Joint Venture Local Champion toward Regional

Stand aloneAccept 1 +1 = 1NOT 2

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Local Combination Joint Venture Local Champion toward Regional

Stand aloneAccept 1 +1 = 1NOT 2

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Copyright Notice 2010 All rights reservedWeakness of IPRS and Franchising Sector in Myanmar :

MechanismAwarenessDatabaseMindsetIntegration

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Copyright Notice 2010 All rights reservedAdjustment needed:

Economics and Regulatory Adjustment:

FlexibilityConsistencyTransparency

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Keen interest and encouragement.

Franchising Association.Franchising RegulationFranchising ManualFranchising OpportunityFranchising in outFranchising Fair

Dispute Resolution Body

Who should be a leader in Myanmar Franchising Sector:

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Copyright Notice 2010 All rights reservedDriving force of Franchising Sector in Myanmar .

SME. practicality. Intellectual Property. Legitimacy.

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Copyright Notice 2010 All rights reservedChallenges of Franchising Sector in Myanmar .

AFTA and AEC (After 2015)The Good

The Bad and the ugly.

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The Good Eliminating tariff barriers among member countries

Free flow of labor

GDP will increase because of FDI

Infrastructure will improve

Government income will increase through taxes

Tourism

Synergy

Service industry

Export/import

Desire to learn Burmese

Education standard

Mindset development

International relation/ Experience

Land price

Competitive market

Value of Kyats

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52STRATEGIC LOCATION

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THE BADFree flow of FDI

Are we ready ?Reduced non tariff barriers

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The Ugly (1) :Copyright Notice 2010 All rights reserved

Culture interference

Behavioral Change

Bye Bye Green

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The Ugly (2) :Copyright Notice 2010 All rights reserved

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Why not :Copyright Notice 2010 All rights reserved

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Sometimes we stare so long at the door that is closing that we see too late the one that is open.Alexender Graham Bell

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Have you locked the door your self ?

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My current perception:Copyright Notice 2010 All rights reserved

This day is better than yesterday, and tomorrow will be better than today.

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FRANCHISING For youFor your NationBut please abide by the Laws

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Thank you.

For any information and /or questionPlease kindly contact me via [email protected]

Notice:This presentation is for educational and awareness purpose.All Intellectual Property Rights in this presentation were owned by its respective owner.

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The Current Trademark Administration in Myanmar and Franchising Sector.

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Transcript of The Current Trademark Administration in Myanmar and Franchising Sector.