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In Myanmar, the transfer of registered industrial design rights is a significant process that involves the change of ownership or application status. This guide outlines the steps to request and record the transfer of these rights, ensuring a seamless transition of ownership or application to a new entity.
(a) If you are the applicant seeking to transfer the application of an industrial design, you can formally request the Registrar to record the transfer of your application. This request should be made in accordance with the specified guidelines.
(b) In case you are the current owner of a registered industrial design and wish to transfer ownership to another individual or a legally established organization, you may apply to the Registrar to record this transfer of ownership. The application should adhere to the stipulated requirements.
Upon submitting your request for transfer, the Registrar will process your application and verify its compliance with the prescribed guidelines. It is important to ensure that all required documentation is complete and accurate to facilitate a smooth transfer process.
If your request for transfer is approved and the prescribed fee has been paid, the Registrar will proceed to record the transfer of ownership or application status. Additionally, a public announcement will be made in the manner prescribed by the relevant authorities to inform the public of this transfer.
It is essential to note that the transfer of ownership of a registered industrial design will only become effective once a formal request has been submitted to the Registrar and the transfer has been duly recorded. Until the transfer is officially recorded, the previous owner remains responsible for the rights associated with the design.
By following these steps and adhering to the established guidelines, you can ensure a legally sound and well-documented transfer of registered industrial design rights in Myanmar. This process guarantees a transparent transition of ownership or application status, safeguarding the rights of all parties involved.
By Nguyen Vu QUAN
Partner & IP Attorney
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