IP Background
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INTELLECTUAL PROPERTY
AND MYANMAR
It is quite clear that the subject indeed is
a very vast and a very broad one. Obviously,
we shall not be able to deal with the
various aspects of the subject within this
paper. Hence, we have to confine ourselves
to a few aspects only. A great deal will be
left un-discussed, but none the less, we do
hope that the paper which we are about to
present you will infuse your eagerness in
some extent to explore the subject which
might be of help in future relations of both
countries. In presenting this subject and
with an eye to convenience, we are going to
divide the subject into two parts. Part I
gives you Introduction and the Brief Account
of the Development of Judicial System in
Myanmar. Part II deals with the Legal
Enforcement on I.P Infringement in Myanmar
and Conclusion.
PART I
Introduction
Since the trend of Global
trade has been changing through ages the
developed and developing countries in the
world today are not only practicing
earnestly the free market system but also
striving other countries of like present and
possible trade partners to orientate such
policy. It can be observed through the
fruitful agreement AFTA made between U.S and
other countries of America Continent and
among the countries of European Union as
well. ASEAN countries also are now under way
to implement to get the pace of
fore-bearers.
As it is the usual way
that the countries engaging economic affairs
with each other are relating by means of
exchanging or trading goods and services,
almost all the countries legislate
corresponding laws to protect one’s rights
from invading by others and among the
inventors or manufacturers of the same
country. The law which is substantial like
the present age of knowledge and technology
is the law concerning with Intellectual
Property (I.P). Because by means of making
such laws it is possible for a person or a
business group to protect inventions or
products from being infringed.
Intellectual Property,
defined in Random House Webster’s Legal
Dictionary, means copyrights, patents and
other rights in relating of the mind; also
the creations themselves, such as a litrary
work, painting or computer program. Apart
from that definition I.P includes trade-mark
or property mark which are all signs and
brands graphically depicted, in particular
words, names, designs, characters, numbers,
form and get-up of the goods capable of
distinguishing goods or services of one
business from those of another.
MYANMAR, formerly known as Burma, as a
member of United Nations and as also a
member of ASEAN, WTO, WIPO (2001) countries
is engaging in trade affairs with other
countries. It is formulated well with
established laws and principles acknowledged
by parties. Now, to come to the development
of judicial system in our country.
Brief Account of the Development of
Judicial System in Myanmar
1. Pre-Colonial Time
In those days powerful
tribes such as Burmese (Bama), Mon, Rakhine
etc, followed their respective leaders who
finally became as their Kings, let them
ruled by their proclamation or King’s laws
and by civil law based on tradition or
custom evolved later. Never had any laws
relating to I.P been promulgated nor had any
judgement nor precedent been found during
those days.
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