IP Background
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2. British Colonial Time
It is generally observed
that the lower Burma had been annexed by
British East India Company under the
guidance of the then British government, to
India Continent which was subjugated prior
to Burma after the so-called second
Anglo-Burmese War of 1852. Having occupied
lower Burma along the Ayarwaddy river up to
Thayet Myo in the middle part of Burma
(Myanmar), Burmese had been encountered with
a new administration initially imposed by
the British. They also established a system
of Judiciary and Acts or Laws which had been
introduced formerly in India were adopted to
replace the old laws of Burma. Adoption of
Acts and Laws were continued after the
annexation of Upper Burma and later till
Burma attained independence from British in
1948.
3. Post Colonial Time
Since 1948, having become
a free state among the family of nations a
number of enactments have been made by the
successive governments of Burma (Myanmar) in
conformity with relevant time and
conditions. Except some of the terms in
context of almost all the substantive and
procedural laws, introduced by British1 are
still enforceable and in practice. Laws
concerned with Intellectual Property are
said to be among them. By this nature it can
also be observed that we, the Burmese(Myanmar) people have been accustomed
to the laws mostly introduced by the British
for nearly one and half a century.
PART II
Legal Enforcement on I.P Infringement in
Myanmar
As one of our leading
jurists observed in the suit of John
Walkers and Sons Ltd Vs. U Than Shwe2
that: “Adimittedly no Trade Marks Act has
been promulgated in Burma up to the present
moment."
It is remarkably
recognized because since the time from the
colonial days never has any specific or
separate Act or Law merely concerned with
Trade Mark been enacted. It is very much
unlike to the countries which are leading
the world of business. It will therefore be
necessary to examine what the Laws on I.P
were in our country through those period so
that a correct solution can be reached over
the question of maintainability or
otherwise. Though there hasn’t any specific
or separate Law as aforesaid, Burma
(Myanmar) like many other countries has been
taking counter measure on infringement on
I.P by two means; namely (a) providing
preventive laws partly in a statute or of
separate statutes and (b) granting remedy or
relief as an out come to aggrieved persons.
In this paper we discuss seven statuary Laws
concerning with I.P Of the seven, three are
said to be interrelated.
Of Laws Concerning With I.P
(a) Penal Code of 1860
It is observed to be the
earliest law concerned with I.P though it
does provide as part of the Code on the
matters of trade, property and other marks.
It had been enacted as India Act No.45 and
was later adopted in Burma. According to the
date of enactment (1st day of May1861) it
was nine years after the annexation of Lower
Burma. Sections from 478 to 489 in Chapter
18 of this Code provide definitions of trade
mark; property mark; using false marks and
punishment for marking, using and possessing
such marks etc.
The definition of a
trademark in section 478 reads: “A mark used
for denoting that goods are the manufacture
or merchandise of a particular person is
called a trade mark.”
1 substituted by Union of Burma
Adaptations of Laws Order 1948
2 1968 Burma Law Reports pp. 73-87.
Hon’ble Mr.Justice. U Thet Pe.
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