Industrial Design Opposition

In the realm of industrial design protection within Myanmar, the journey towards securing your design rights involves a series of meticulous steps. From initial application scrutiny to potential objections, understanding the process is key to successfully navigating the intricacies of industrial design protection.

Maintaining a vigilant design protection environment necessitates an avenue for objections (opposition) to be raised.

1. Grounds for Objections

Those desiring to voice objections have the opportunity to do so by paying the prescribed fee and submitting a formal objection to the Registrar. Objections may be based on:

  • Non-conformance of the industrial design as defined under the Myanmar Industrial Design Law.
  • Lack of originality in the design.
  • Ineligibility for protection under section 16.
  • Evidence suggesting the applicant's ineligibility for registration.

2. Applicant Notification

The Registrar promptly informs the applicant of the objection, allowing them a designated period to present arguments or counterpoints against the raised objection.

3. Registrar's Verdict: Balancing Acceptance and Refusal

The Registrar's role culminates in determining the fate of the applications:

(a) Objection/Opposition Submission Period Closure: If no objections (opposition) are submitted within 60 days of the public announcement date, the Registrar may grant permission for the registration of the industrial design.

(b) Objection Review: In cases where an objection is filed, the Registrar diligently reviews the objection's merit and decides whether to accept or refuse the registration.

(c) Record and Announcement: The Registrar records the outcome of the application – whether it is accepted or refused – in the registration records. Furthermore, the Registrar makes a public announcement, following prescribed procedures, to communicate the decision on acceptance or refusal.

(d) Registration Certificate: In the event of successful registration, the Registrar issues a certificate for the registration of the industrial design to the rightful applicant.