Trademark and Geographical Indication Law (TGIL) in Myanmar: Summary and Recommendations

We have previously discussed Myanmar's new Trademark Law. It should also be noted that the same Law is also the primary legislation on the protection of geographical indications (GIs) in Myanmar. Chapter 16 (Sections 53 to 60) of the Pyidaungsu Hluttaw Law No. 3 of 2019, fully titled the Trademark and Geographical Indications Law (TGIL), deals exclusively with GIs, and this is our summary of its contents as well as our recommendations for those interested in registering GIs in Myanmar in under the TGIL.

Definition of GI: In the TGIL, geographical indication (GI) is defined in Section 2(o) as an "...indication which identifies goods as originating in the territory of a country, or a region or locality in that territory, where a given quality, reputation or other characteristics of the goods is essentially attributable to its geographical origin."

Right to Apply: Under Section 53, legal entities representing manufacturers of products derived from natural components or through natural recourses, as well as products of handicrafts or industry, including government departments and government organizations, are attributed a standing to file an application for registering GIs in Myanmar.

Application Requirements: In applying to register a GI, the following information is required to be clearly stated:

Name, nationality and address of the applicant organization The relevant GI The relevant region of production Description of the products to which the GI applies Significant features, quality or reputation of the products under the relevant GI Relationship between such features, quality or reputation and the place of origin Grounds of Refusal The subject GI does not meet the definition under Section 2(o). The GI has become generic or subject to customary use within Myanmar. The GI is contrary to public order or principles of morality or public policy. If the GI is of foreign origin, it must remain validly protected in the country of origin. Rights Created by GI Registration

The GI can be used in Myanmar only by producers having the significant features, quality or reputation of the products under the relevant GI. The registered beneficiary has the right to prevent use of the relevant GI which 1) deceives the public as to the products' origin, 2) leads to unfair competition or 3) is aimed to indicate manufacture style or method of a non-compliant product. Publication & Opposition Procedures

Any approved GI application will be published for opposition...