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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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