On 1 June 2024, the State Administration Council (“SAC”) enforced the Patent Law 2019 (“PL”). Subsequently, on 3 June 2024, the Supreme Court of the Union issued several notifications defining the jurisdiction of the Intellectual Property (“IP”) Courts and the procedures for adjudicating lawsuits under the PL. We have outlined these notifications below:
Notification No. 689/2024 and Notification No. (693/2024)
The Supreme Court of the Union will designate suitable locations for IP Courts and appoint judges to preside over criminal and civil intellectual property cases. It has granted the High Court of the Yangon Region the power and authority to act as the IP Court for the following cases:
- Deciding applications challenging the Intellectual Property Agency’s licensing decisions, including requests for compulsory licenses. Individuals dissatisfied with the Agency’s decisions may appeal to the designated IP Court within 90 days of receiving the decision notice, which also covers decisions on damages.
- Handling applications contesting the Agency’s appeal decisions.
Furthermore, the Supreme Court of the Union can grant power and authority to the IP Courts to hear appeals and revisions concerning judgments, orders, and decisions made within their jurisdiction. The Supreme Court has authorized the High Court of the Yangon Region to decide appeals and revisions of judgments, orders, and decisions issued by the IP Courts in civil cases.
Notification No. (690/2024)
The Supreme Court of the Union has authorized the Court of the Self-Administered Division, Courts of the Self-Administered Zones, and District Courts to handle criminal cases under the PL.
Notification No. (691/2024)
The Supreme Court of the Union has authorized the High Courts of the Region and State to decide appeals and revisions of any criminal judgments, orders, and decisions issued by the Courts of the Self-Administered Division, the Self-Administered Zone, and the District Courts under the PL.
Notification No. (692/2024)
The Kyauktada District Court, authorized by the Supreme Court of the Union as an IP Court, can handle:
- Civil lawsuits for patent rights violations.
- Civil lawsuits seeking damages under the PL, where applicants could appeal to the IP Court if the compensation offered by the Ministry is deemed inadequate.
- Applications for provisional measures under the PL, such as preventive orders to prevent patent infringement and preserve evidence related to alleged violations.
Applicants must provide evidence of their patent rights and infringement, ensure measures are not misused and may need to identify alleged infringing goods. The court can revoke measures if civil proceedings are delayed, or no infringement is found. In urgent cases, ex parte provisional measures (temporary orders issued in the absence of the opposing party) can be issued and reviewed upon request by the respondent.
Notification No. (694/2024)
The procedures for adjudicating lawsuits under the PL have been established under the authority granted pursuant to the PL. This provision empowers the Supreme Court of the Union to create rules, regulations, notifications, orders, directives, and procedures concerning the judiciary to implement the PL’s provisions effectively.
Recent actions by Myanmar’s State Administration Council and Supreme Court have strengthened intellectual property enforcement under the Patent Law 2019. New notifications define courts handling IP cases and outline procedures for resolving disputes and appeals. These changes streamline legal processes, protect patent holders, and address infringement. Moving forward, these updates signal Myanmar’s dedication to enhancing its intellectual property framework, promoting legal certainty, and fostering innovation across sectors.
The information provided here is for information purposes only and is not intended to constitute legal advice. Legal advice should be obtained from qualified legal counsel for all specific situations.
