As of 20th March 2020, Myanmar has done the followings, amongst other things, to be prepared for implementation of the MTL2019. The Department of Intellectual Property (“DIP”) has been established under the Ministry of Commerce of Myanmar. The DIP drafted the Trademark Rules for implementing the MTL2019. In December 2019 and January 2020, the DIP… Read More
Data Transfer Limitation, Data Retention Limitation and Data Security RequirementsThe Personal Data Protection Act B.E. 2562 (“PDPA”) requires Data Controllers (“Controllers”) to comply with the personal data transfer limitation, have appropriate data security measures and comply with the limitation on personal data retention. Transfer LimitationUnder Section 28 of the PDPA, Controllers are prohibited from transferring… Read More
Franchisors, amongst others, are prohibited from conducting any “unfair trade practices” that can cause damages to their franchisees under Section 57 of the Trade Competition Act B.E. 2560 (“TCA”). To implement Section 57 of the TCA, for franchise business, the Trade Competition Commission issued its Notification on Guidelines for Consideration of Unfair Trade Practices in… Read More
Effective from 15th April 2019, the Arbitration Act B.E. 2545 (A. D. 2002) was amended by the Arbitration Act (No. 2) B.E. 2562 (A. D. 2019) to help foreign arbitrators obtain a work permit based on a certification letter issued by government authorities or institutions established for the purpose of dispute resolution by arbitration. The… Read More
Re-filing of Registered Trademarks in Myanmar Overview of Intellectual Property Laws of Myanmar
On 3rd January 2020, the Directorate of Investment and Company Administration (“DICA”) issued its Notification No. 2/2020 re: Guidance on Approval Requirements for Payment of Remuneration and Other Benefits to Directors and Related Parties (“Notification”). Pursuant to Sections 187 and 188 of the Myanmar Companies Law 2017 (“MCL”), the Board of Directors (“BOD”) or the… Read More