The Industrial Design Law  
(The Pyidaungsu Hluttaw Law No.  2, 2019)  
The 10th Waning Day of Pyatho, 1380 M.E.  
(30th, January 2019)   
 The Pyidaungsu Hluttaw hereby enacts this Law.  
Chapter I  
Title, Enforcement and Definition s 
1. (a) This Law shall be called the Industrial Design Law .  
 (b) This Law shall come into force on the date  prescribed , by 
notification,  by the P resident.  
2. The following expressions in this Law shall have the meanings given 
below : 
(a) State  means the R epublic of the Union of Myanmar;  
(b) Central Committee  means the Central Committee o f Intellectual 
Property formed under this Law ; 
(c) Ministry means the Ministry of Comme rce of the Union 
Government ; 
(d) Relevant  Ministry means the Ministry of Information, Ministry of 
Industry, Ministry of Agriculture, Livestock and Irrigation or 
Ministry of Education  of the Union Government ;  
(e) Agency  means the I ntellectual Property Agency formed under this 
Law; 
(f) Department  means the D epartment assigned by the Ministry  to 
carry out intellectual property matters;  
(g) Registrar  means the Director General of the D epartment who 
carries out  the functions relating to the registration of intellectual 
property ; 
(h) Examiner  means  an officer  from the department who is at the 
level of assistant director or  higher level thereof conducting 
examination of the registration process of intellectual property ; 2 
(i) Intellectual property  rights  means the rights vested by  law to 
protect the own intellectual c reations. This expression  include s 
copyright , patent , industrial design, trademark and other forms  of 
intellectual property  rights ; 
(j) Industrial design means the appearance of the whole or  a part of  
any industrial or handicraft product resulting from the  features  of, 
in particular, the lines, contou rs, color s, shape s, textures or 
materials of the said product itself and/ or its ornamentation ; 
(k) Product  means any industrial or handicraft item , including inter 
alia parts intended to be assembled into a complex product, 
packaging , get-up, graphic symbols  and typographic typefaces, but 
excluding computer program ; 
(l) Owner of industrial design  means a person or legal entity 
recorded  as the owner of registered  industrial design in the regist er 
of the D epartment ;    
(m) Creator means a  person who creates an y industrial design;  
(n) Right holder  means the owner of industrial design and its legal 
person or legal entity that is entitled to exercise the rights of the 
owner of industrial design;   
(o) Employer means any authorized person, government department, 
government organization or legal entity who carries out by hir ing 
one or more employees on wages of mutual consent under the 
employment agreement , including a person who manages,  
supervises and administers directly or indirectly , and is responsible  
to pay wages to the worker s and responsible for employing and 
terminating the employment of the employee. This expression includes the legal m anagerial agent of the employer and in private 
business if the employer passed away, his heir and legal successor 
of share s are also included;   
(p) Employee  means a person who earns his living by wage s obtained 
by using his physical or  mental capacity . In this expression, the 3 
service personnel  of any government departments, organizations or 
legal entity are also included under  this Law;  
(q) Member State means any member State of the convent ions, 
treaties or agreements or of international organizations or regional 
organizations relating to intellectual property  of which the State  is 
a member ; 
(r) Intellectual Property Court means the court established by the 
Supreme Court of the Union under the law  to adjudicate 
intellectual property matters  or the court conferred  jurisdiction  and 
authority  of such  court;   
(s) Right of priority  means the right of priority in s ection 39;  
(t) Right of e xhibition priority means the right of  exhibition priority in 
section 40.  
Chapter II  
Objectives 
3. The objectives of this Law are as follows:  
(a) to protect the rights and interest s of the owner  of industrial design 
and creator in accordance with this Law;  
(b) to contribute  the development of industr y by promoting  the 
protection of creation of industrial design s; 
(c) to contribute to the development and dissemination of industrial 
design technology;  
(d) to contribute to the mutual advantage of creators and industrial 
design -users of technological knowledge and in a manner 
conducive to social and economic welfare;  
(e) to contribute to a balance of  rights and obligations  of creator s and 
industrial design -users.  
Chapter III  
Formation of the Central Committee and its  Functions and Duties  
4. The Union Government:  
(a) shall , to deal with  intellectual property matters,  form the Central 
Committee of  Intellectual P roperty as follows:  
(i) Vice P resident  Chair person  4 
(ii) Union Minister of the Ministry  Vice -Chairperson  
(iii) Deputy  Ministers from  the relevant  Ministries  Members  
(iv) Deputy Ministers or Directors General from  Members  
 other appropriate Ministries   
(v) No more than four intellectual property  Members  
 experts   
(vi) Two repres entatives from non- governmental  Members  
 organizations  
(vii)The person assigned by the President  Secretary  
(viii) Director General of the Department             Associate Secretary  
(b) may re -form the Central Committee under subsection (a), as may 
be necessary . 
5. The functions and duties of the Central Committee are as follows:  
(a) adopting the intellectual property policies , strategies and action 
plans to develop the intellectual property matters in the State; 
(b) supervising  the implementation of  the intellectual property  
policies, strategies and action plans;  
(c) guiding , through the intellectual property system , to encourag e the 
development of national  econom y, foreign investment and small 
and medium enterprises of the State ; 
(d) encouraging training and nurtur ing the necessary  human resources 
for the development of the i ntellectual property  matters ;  
(e) coordinating with the  relevant  government departments , 
government organizations, other organizations  and private 
entrepreneurs to practice and develop the intellectual property 
system  effectively ; 
(f) encouraging and pro moting  the coordination with local and foreign 
organizations for technical and other  necessary  assistance;  
(g) carrying out the functions and duties  relating  to intellectual 
property assigned by the Union Government from time to time . 5 
Chapter IV  
Formation of Agency and its Functions and Duties   
6. The Central Committee:  
(a) shall form the Intellectual Property Agency with the approval of 
the Union Government as follows:  
(i) Secretary of the Central Committee  Chair person  
(ii) Directors General who are concerned with the  Members  
 Agency from the Ministry and the relevant Ministries  
(iii) No more than eight intellectual property  experts  Members  
(iv) No more  than five representatives from  Members  
 non-governmental organizations  
(v) Director General of the Department  Secretary  
(vi) Division Heads of the Department  Associate Secretaries   
(b) may re -form the Agency under subsection (a), as may be 
necessary . 
7. The Chair person  of the Agency shall be considered to be a  person who 
is at the level of  the D eputy M inister.  
8. The functions and duties of the Agency are as follows:  
(a) coordinating the functions relating to  industrial design;  
(b) implementing industrial design policies, strategies  and action plans  
adopted by the Central Committee , and training and nurturing 
human resources for the development of the industrial design 
system;  
(c) observing the convention s, treaties and agreement s relating to 
industrial design and giving suggestion  that the State should accede 
to them to be a member , to the Central Committee ; 
(d) implementing the functions of  industrial design in line with the 
provisions of the conventions, treaties and agreements relating to 
industrial design of  which the State is a member ; 
(e) cooperating with the relevant local, international  and regional 
organizations relating to  the industri al design and member States;  6 
(f) forming necessary working groups and prescribing their functions 
and duties with the approval of the Central Committee to take 
action on infringement of industrial  design  right ; 
(g) forming necessary working groups to implement functions relating 
to industrial design and prescribing their  functions and duties  with 
the approval of the Central C ommittee ; 
(h) making  a decision on an appeal against  the decision of the  
Registrar;  
(i) prescribing the fees to be collected in accordance with  this Law 
with the approval of the Union Government through the Central 
Committee;  
(j) approving  the seal to be used in granting registration of industrial 
design;  
(k) submitting the task  reports and other necessary reports to the 
Central Committee;  
(l) submitting the annual  industrial design  report  to the Central 
Committee;  
(m) carrying out the functions  and duties relating to  intellectual 
property assigned by the Central Committee from time to time.  
Chapter V  
Functions and Duties of the Department  
9. The functions and duties of the Department are as follows:  
(a) publishing  the matte rs on registration of industrial design;  
(b) maintaining the register  of industrial design;  
(c) supervising the performance of the Division s formed in the 
respective field of intellectual property;  
(d) carrying out the functions and duties relating to industrial design  
assigned by the Agency from time to time . 
Chapter VI  
Appointing Registrar and Examiners and Prescr ibing  their Functions 
and D uties  
10. The Ministry may appoint the Registrar and necessary Examiners in 
the Department according to the submission of the Agency to carry out the 
function s relating to  intellectual property.  7 
11. The duties of the R egistrar are as follows:  
(a) supervising  the functions relating to the application for and 
examin ation of  the r egistration  of industrial d esign;  
(b) coordinating upon the submission of the  Examiner ’s report  in 
carrying out the registration of industrial design;  
(c) makin g a decision on the registration of  industrial design;  
(d) carrying out the functions and duties relating to  intellectual 
property assigned by the Central Committee and  the Agency.  
12. The duties of the E xaminer are as follows:  
(a) examining the applications for the registration of industrial design;  
(b) submitting the finding s with remark s to the Registrar after 
examining the opposition and objection in respect of the 
application for the registration of industrial design;  
(c) summoning  and examining the necessary  persons and calling  for 
the documents  with the approval of the R egistrar in carry ing out 
the registration of industrial design;  
(d) submitting the remarks to the Registrar whether the registration 
should be granted or not after examining the application  of 
industrial design ; 
(e) carrying out the functions and duties relating to  intellectual 
property assigned by  the Agency, Department and R egistrar.  
Chapter VII  
Requirements for Protection  of Industrial Design  
13. Any industrial design shall be protected if it is new and independently 
created.  
14. An industrial design is new if it has not been disclosed to the public 
inside or outside of the country, by writing, by using, by publishing, by 
displaying or by any other way, prior to the filing date of the application or 
date of priority if the right of  priority is claimed in the application for the 
registration of industrial design in the State . 8 
15. An industrial design is not new if it does not significantly differ from 
known designs  or it is the  combinations of known design features .  
Chapter VIII  
Matter Excluded from  Protection  of Industrial Design  
16. The industrial design which falls under any of the following matters  
shall not be  protected:  
(a) being the design dictated essentially by technical or functional 
considerations;  
(b) being contrary to  public order, morality, faith or cherished culture 
of the State.   
Chapter IX  
Persons Entitled to File the Registration of Industrial Design  
17. The creator of any industrial design or his legal successor in title or 
legal transferee is entitled to file  the registration of industrial design.  
18. If the industrial design was created by more than one person, all of 
them shall jointly be entitled to file the regist ration of  such industrial 
design.  
19. When the industrial design is created in the course of o r as a 
consequence of employment agreement:  
(a) where there is no cont rary to an employment agreement , when  the 
industrial design is created by  an employee , only the employer 
shall have the right to file the registration  of such industrial design;  
 (b) where the employer fails to file the industrial design application 
within six months from the date on which the creation of such 
industrial design is notified in writing to him, it shall be presumed 
that the employer has abandoned it and the employee has t he right 
to file the registration of such industrial design;  
(c) where there is no contrary to an agreement when the industrial design created within one year after the expiry of the person’s employment agreement  is filed the application for registration, if it 9 
is the creation of the employee who falls within the scope of his 
former employer and the employee does not produce  evidence to 
the contrary, the industrial design shall be presumed to have been 
made under the expired employment agreement  and the employer 
shall be entitled to registration of industrial design. However, the 
employee shall be entitled to file the registration of industrial design under the following conditions : 
(i) the former employer agrees that there is no claim on the 
creation of such industrial design;  
(ii) the former employer cannot overcome  the evidence presented  
by the employee;  
(iii) the employee files the application  when the former employer 
fails to  file it under  subsection (b) ; 
(d) Where there is no contrary to an employment agreement , when the 
industrial design which relates to employer’s work by using his 
materials, data or know -how, is created by an employee but not 
under his assignment, the employee shall only be entitled to file the 
registration of such industr ial design ; 
(e) where there is no contrary to an employment agreement when the 
employee made any other creation of the industrial design except 
the creation of industrial design mentioned in subsections  (a), (c) 
and (d), the employee has the right to file the registration of  such 
industrial design.  
Chapter X  
Application  
20. Any person entitled to file the registration of industrial design under 
this Law shall, if he desires to have the right of registered industrial design, file an application for registra tion of the industrial design to the Registrar, 
in the manner prescribed.  
21. The applicant for the registration  of industrial design : 
(a) may file an application for one or more industrial designs  provided 
that all the products which constitute the industrial design, or in 10 
relation to which the industrial designs  are to be used, belong to the 
same class of the Locarno Agreement Establishing an International 
Classification for Industrial Designs ; 
(b) may write  the application  for registration  either in Myanmar or 
English  language ; 
(c) shall translate the application from  Myanmar into English or 
English into Myanmar if request ed by  the R egistrar;  
(d) shall certify the translation under  subsection (c).  
22. The applicant  for the registration  of industrial d esign : 
(a) shall mention the following facts  in the application:  
(i) a request for registration;  
(ii) name and address of the applicant or legal entity;  
(iii) name, citizenship scrutiny  card number and address of the 
representative where  the application is filed by the 
representative;  
(iv) a sufficiently clear representation of the industrial design ; 
(v) indication of the products to which the industrial design is 
applied or embodied . 
(b) shall attach the following facts , if necessary, in addition to the facts 
in subsection (a) : 
(i) where the application is filed for a legal entity, registration 
number , type and name of the country  of that legal entity ; 
(ii) where the applicant wants to take advantage of the priority of 
an earlier application, a declaration claiming the priority of that 
earlier application, together with indications and evidence in 
support of the declaration of priority;   
(iii) where the applicant wants to take advantage of any priority  
resulting from the display of industrial design  in an exhibition, 
a declaration to that effect, together with indications and evidence in support of that declaration of exhibition priority;  11 
(iv) any other elements prescribed by the Agency and Department  
from time to time . 
23. The date on which the application of industrial design, in accordance 
with subsection (a) of section 22 , received by the Department , shall be 
presumed to be the filing date of the application for registration in the 
State , subject to the payment of fees . 
24. The R egistrar  shall : 
(a) where more than one party applies to register identical or similar 
industrial design s on different dates and any dispute arises, grant 
registration to the earliest applicant submitting the  application 
consistent with the requirements for registration;  
(b) where each and every applicant claims the right of priority or the 
right of exhibition priority  under subsection (a) and  any dispute 
arises,  grant  registration  to the applicant  submitting the application 
for the registration of the industrial design that has earliest filling 
date and conforms with the requirements for registration .  
25. Where more than one applicant have filed the application for the 
registration of identical or  similar industrial design on the same date or  
have requested for  the same priority date:   
 (a) the Registrar shall direct all applicants to submit the name of a 
person whom they want  to prescribe as the applicant for  industrial 
design after consultation among themselves, within the prescribed 
period.  
 (b)  the applicants shall, in accordance with the directi on of the 
Registrar, resubmit the name of a person whom they have agreed 
to specify as an industrial design applicant after consultation 
among them or  if desire to prescribe as joint applicant, such point 
to the Registrar . 
 (c) although the R egistrar directs all applicants under subsection (a), if 
no agreement is reached among  them, the applicants shall follow 
the R egistrar’s de cision  in the prescribed  manner . 12 
26. (a) The applicant for  the registration  of industrial design:    
(i) may file with the R egistrar to correct any error of translation or 
transcription,  clerical error or other mistakes in any application 
or document after subscribing the prescribed fees before the 
Registrar makes the decision on grant of or refusal to an 
application or  before the  Agency  makes the decision on the 
appeal against the decision of the Regist rar; 
(ii) may request  to withdraw the application with respect to all  or 
some of industrial designs  if the application contains more than 
one industrial design;  
(iii) may apply  to divide any application listing several designs  into 
two or more new  application by paying the pre scribed fees.  
 (b) shall presume the filing date of  a new divisional application for 
registration under clause (iii)of subsection (a) to be the same filing date of original application.  
27. The Registrar may amend the application under  section 26 in 
accordance with the stipulations after examining . 
 
Chapter XI   
     Examination, Opposition and Registration  
28. With regard  to the application for  registration of industrial design, the 
Examiner  shall:  
 (a) submit the applications  which conform to the provisions of 
section s 21 and 22 to the Registrar together with remarks after 
examining whether the application complie s with the requirements ; 
 (b) notify the applicant to amend the application which  does not 
conform to the provisions of section s 21 and 22 with the 
permission of the R egistrar after examining whether  the 13 
application complie s with the requirement s. If the applicant fails to 
amen d the application  within 30 days from the date of receipt of 
the notice, the application for the registration shall be considered as 
withdrawn;  
 (c) submit the application to the R egistrar together  with remarks after 
examining if  the amendment in accordance with the provisions  of 
subsection (b) has been received ; 
 (d) refuse the application with respect to the industrial design not 
complying with the definition set out in subsection ( j) of section 2  
or conforming to subsection (b) of section 16  and submit to the 
Registrar together with his remarks.   
29. (a) Where an applicant for the registration of industrial design  has 
failed to comply with a time limit for an action in a procedure and 
that failure has the consequence of causing a loss of rights with 
respect to an application for the registration of industrial design, he 
may reapply for the registration of industrial design to the 
Registrar if it meets the following requirements :  
(i) submitting a request within  60 days from the date of 
withdrawal  of the application in respect of the c ause of failure 
to comply with the time limit ;  
(ii) providing the requirements, information or explanations  in 
respect of the cause of failure  to comply with the time limit;   
(iii) describing the sufficient reasons in the request for the failure to 
comply with the time limit ;  
(iv) fees which had been paid .  
 (b) The Registrar shall suspend the reinstatement of rights under 
subsection (a) within  the period of appeal.  
30. The R egistrar : 
(a) may allow the request after examining the application if it is likely  
to cause the loss of rights in respect of  the application for the 
registration of  abandoned industrial design and reapplying the 
application under subsection (a)  of section 29;  14 
(b) shall  publish the application in order to oppose for any person in 
the prescribed  manner  and that application complies with section s 21 
and 22; 
(c) shall not publish until the expiration of the period of deferment if 
the deferment of publication has been requested by the applicant 
under section 36.                                                                   
31. Any person may oppose with respect to the application for the 
registration of industrial design within 60 da ys from the date of publication 
and submit objections in writing on the following grounds to the R egistrar 
together with the prescribed fees : 
(a)  the industrial design does not meet with the definition of industrial 
design set out in subsection (j) of s ection 2;   
(b) the industrial design lacks novelty;  
(c)   the industrial design falls in matter excluded from  the protection of 
industrial  design  under section 16;  
(d)  the sufficient  ground appears for evidence that the applicant is not 
entitled to file.  
32. If the Registrar receives the  opposition, he shall  send a notice  to the 
applicant to de fend the  objections within the prescribed period.  
33. With  respect to application for registration of industrial design , the 
Registrar :   
 (a) may grant the application for registration of industrial design if the 
 opposition is not filed  within 60 days from the date of publication;  
 (b) may grant or refuse the opposition after examining  it if the 
opposition is filed ; 
 (c) shall record such grant or refusal in the register and notify the 
applicant. In addition, he shall publish such grant or refusal in the 
prescribed  man ner; 
 (d) shall issue the certificate of registered industrial design to the 
applicant if the registration  is granted.  15 
34. The owner of industrial design:  
(a) may apply to the R egistrar to issue the certified copy of the 
certificate of  a registered industrial design after subscribing the 
prescribed fees if the or iginal  certificate is damaged or lost ;  
(b) may apply to the R egistrar to correct  clerical error  or other 
mistakes that may be permitted to correct or to change nationality 
and address recorded in the register after subscribing the prescribed 
fees.  
35. The R egistrar:  
(a) shall  issue the certified copy of the  certificate of registered 
industrial design after examining the application under subsection (a) 
of section 34;  
(b) may amend the application after examining under subsection (b) of 
section 34.  
 
Chapter XII  
Deferment of Publication of Industrial Design  
36. An applicant may request to the Registrar to defer the publication of 
industrial design and describe the period of deferment in the application in 
the manner prescribed. Such period of deferment shall not exceed 18 months from the filing date of application for the  registration of industr ial 
design or from the date of priority if right of priority is claimed.  
37. Even if the applicant ha s requested to defer the publication under 
section 36, he may withdraw that request and request to the R egistrar to  
publish the industrial design at any ti me within such period. 
38. The Registrar, with respect to the deferment of industrial design 
publication: 
(a) shall record it in the register and keep file related to the industrial design confidential if the deferment is made under section 36;   
(b) shall publish the deferment of the publication and identification of the applicant, the filing date of application, the length of the period 
for which it has been requested and any other prescribed particulars during the period of deferment;  16 
(c) shall publish the industrial design application for registration after 
expiring of the period of that deferment.  
Chapter XIII  
Right of Priority   
39. An applicant who has duly filed an application for the registration of 
the industrial design in a state that is part y to the Paris Convention or the 
agreement establishing the World Trade Organization, or a successor to 
such an applicant, shall, when filing an application to the Department of 
the same industrial design, enjoy the right of priority of six months from 
the filing date of the first application .  
40. Where the applicant has disclosed the industrial design at an official or 
officially recognized international exhibition held in a member State of the 
Paris Convention or the World Trade Organization, he may claim a right of priority from the date of the first disclosure of such industrial design in the 
exhibition, if he files the application within a period of 6 months  from that 
date.   
41.  The exhibition priority shall not extend the priority term establishe d 
under section 39.  
Chapter XIV   
Term of the Registration of Industrial Design and Renewal  
42. The term of the registered  industrial design shall be 5 years from the 
filing date of the registration of industrial design  and may be renewal, for 
not more than two consecu tive periods of five  years each .   
43. The owner of the registered industrial design shall carry ou t the 
followings, if he wants to renew of his registered industrial design: 
(a) he shall apply to renew  within 6 months before the expiry of the 
term of the registration of industrial design by subscribing the 
prescribed fee ; 
(b) he may apply  to renew within the grace period of 6 months after 
the expir y of the term of registration  of industrial design. He shall 
pay the prescribed registration  fees and late fees when applying as 
such. 17 
44. The R egistrar  shall : 
(a) grant  the request for renewal which conforms with the 
requirements . The renewal shall come into force  from the date of 
expir y of the previous registration . 
(b) renew the term of five years in accordance with the stipulations 
and publish it in the prescribed manner after examining the 
application for renewal of registration.  
(c) record the renewal and subscribed  fee in the register . 
(d) lapse the registered industrial design if the owner of the registered 
industrial design does not subscribe  the renewal fee within the 
grace period of six months . 
(e) record the lapse of registered industrial design in the register and publish it in the prescribed manner. 
 
Chapter XV  
Rights of Registered Industrial Design  
45. If the owner of registered industrial design complies with the  
provisions in Chapter XIV, he enjoys the rights of registered industrial 
design in this Chapter within  the period of the registration of industrial 
design.  
46. Without prejudice to the provisions in sections 49 and 50, the owner of 
the registered industrial design is entitled: 
 (a) as an exclusive right : 
(i) to prevent a third party not having the owner’s consent from 
making, selling or importing the products bearing or 
embodying a n industrial design which is a copy or 
substantially a copy of the registered industrial design when 
such acts are undertaken for commercial purposes in 
accordance with this law .  
(ii) to file litigation against the infringer of the rights of registered 
industrial design in a civil action . 18 
(b) to transfer or license the rights of registered industrial design to 
any other person in accordance with the provisions in Chapters 
XVI and XVII.  
47. The employer shall have a non -exclusive licen ce on the industrial 
design that only the employee is entitled to the registration of industrial design  under subsection (d) of section 19.  
48. Where the industrial design is owned by more than one person, unless 
agreed otherwise among themselves:  
(a)   each and every owner of the registered industrial design has the 
right to enjoy an equal and undivided share in the rights of 
registered industrial design;  
(b)  each and every owner of the registered industrial design may 
transfer or license his equal and undivided share in the rights of registered industrial design to any other person;   
(c) each and every owner of the registered industrial design has the 
right to file litigation against the infringer of the right of registered 
industrial design in a civil action without obtaining the consent of 
other joint -owners of the registered industrial design;  
(d) the successor or legal entity in title of each and every owner of the 
industrial design has the rights mentioned in subsections (a), (b) and (c).  
49. The owner of the registered industrial design shall not exercise his 
rights of industrial design in any of the following points:  
(a) acts done for a private non- commercial purpose;  
(b) acts done for a p urpose of experiment or research;  
(c) acts of reproduction for the purpose of making citations or of 
teaching.  
50. The rights conferred by the registration of the industrial  design shall 
not extend to act , in respect of a product embodying the protected industrial 
design, after   the product has been lawfully imported or sold in the State  
by the registered owner or by a person acting with the owner’s consent.  19 
Chapter XVI  
Transfer of the Rights of Industrial Design  
51. (a) The applicant for the registration of industrial design may apply to 
the Registrar to record the transfer  of his application of design to 
any person or legal entity in the  prescribed  manner.  
 (b) The owner of industrial design may apply to the R egistrar to record 
the transfer of the ownership of registered industrial design to any 
person or legal entity in the prescribed manner .   
52. The Registrar shall record and publish any change in  ownership of the 
registration of the industrial design where the applicant or the transferee 
under subsection (a) of section 51or the owner of registered industrial 
design or the transferred industrial design owner under  subsection (b) of  
section 51  reques ts to record in the prescribed manner, by subscribing the 
prescribed fees.  
53.  A transfer  in the  ownership of the registered industrial design shall 
have no e ffect unless it is applied to record to the R egistrar . 
 
Chapter XVII  
Licen ce of the Registered Industrial Design  
54. The owner of the industrial design may license a ny person or legal 
entity to use the registered industrial design by determining the terms and 
conditions.  
55. The owner of the registered industrial design or  his licensee may apply 
to the R egistrar to record the licenc e together with the certified copy of 
licensing documents by subscribing the prescribed fees.  
56. The Registrar shall record the licen ce under section 55  and publish it in 
the prescribed manner.  
57. The Registrar shall cancel the record of a licen ce, and publish it in the 
prescribed manners if the owner of industrial design or his licensee appl ies 
for cancellation of the record of a licen ce in the prescribed manner . 20 
58.  A licen ce shall have no effect unless it is applied to record to the 
Registrar . 
Chapter XVIII  
Invalidation and Cancellation of Registration of Industrial Design  
59. If it is found that any registered industrial design, contrary to section 
60, affects the interest of a person or public, a relevant person or legal 
entity may apply to the R egistrar for invalidation or cancellation of the  
whole or part of the  registration of the said industrial design.   
60.  The Registrar may invalid or cancel the  whole  or part of the 
registration of industrial design based on the application of the relevant 
person or legal entity if the registered industrial design is involved with any 
of the following facts:  
(a) that the industrial design falls under section 16;  
 (b) that the  industrial design does not meet with the definition of 
industrial design set out in subsection (j) of section 2;  
 (c) that the industrial design lacks novelty; 
 (d) that the sufficient  ground appears for evidence that the applicant is 
not entitled to file;  
 (e) that the registered industrial design was obtained by fraud, 
misrepresentation or concealment of any prescribed fact;  
 (f) based on a final decision or judgment of the I ntellectu al Property 
Court regarding with the application of invalidation for regist ered 
industrial design.  
61. The Registrar may cancel  the registered  industrial design from the 
register upon any of the following facts:  
(a) failure to apply for renewal within the grace period of 6 months after expiry of the term of registration;  21 
(b) surrender to  the owner of the registered industrial design;  
(c) invalidate publication of industrial design which falls under section 
60. 
62.  The Registrar shall record the cancellation  of the registered industrial 
design and notify it to the owner of industrial design and publish it in the 
prescribed manner.  
Chapter XIX                                                                                                              
Application for International  Registration  
63. The applicants for the registration of industrial design from Myanmar 
or foreign country may file with  the Registrar in the prescribed manner if 
they want to exercise the International Industrial Design Registration System after the State has becom e a member of  the Agreement concerning 
the International Registration of Industrial Design S ystem .  
Chapter XX  
Appeal  
64. (a) Any person who is dis satisfied with a ny decision made by the 
Registrar under this Law may appeal to the Agency within 60 days 
from the date of publication  of such  decision . 
 (b) The Agency may confirm, cancel  or revise the decision of the 
Registrar or direct that further evidence shall be produced in the appeal 
under subsection (a) . 
 (c) The Agency may confirm, cancel  or revise the decision of the 
Registrar if further  evidence  is produced under subsection (b).  
65. Any person who is dis satisfied with the decision made by the Agency 
may file a case in  the Intellectual Property Court  which is vested the 
jurisdiction by the Supreme Court  of the Union  for this purpose within 90 
days from the date of receiving  the notice  of such decision . 22 
Chapter XXI  
Establishment of the Intellectual Property Court s 
66. The Supreme Court  of the Union : 
(a) may establish  the Intellectual Property Courts in any appropriate 
places and appoint judges to adjudicate on  the criminal or civil 
cases with respect to  intellectual property matters;  
(b) may confer  the jurisdiction and authority to the judges appointed 
under subsection (a) to adjudicate on the intellectual property 
matters ; 
(c) may confer  the jurisdiction and authority of the Intellectual 
Property Courts to the appropriate courts to adjudicate on the 
intellectual property matters before the establishment of the 
Intellectual Property C ourts under subsection (a) ; 
(d) shall  confer  the jurisdiction and authority to the I ntellectual 
Property Courts that have jurisdiction over appeal and revision 
cases against  any judgment, order and decision made  by the 
Intellectual P roperty C ourts ; 
(e) shall confer the jurisdiction and authority  to the appropriate 
Intellectual Property Courts to adjudicate  on the cases under 
section 65.  
Chapter XXII  
Authority  of the Intellectual Property Court on Infringement of Right 
of Registered Industrial Design   
67. (a)  The right holder may file a civil miscellaneous case for his 
grievance in the Intellectual Property Court to order provisional 
measures under sections 68 and 69;  
 (b) The right holder may file a civil case in the Intellectual Property 
Court . 
68. (a) The I ntellectual Property Court may order the following one or 
more provisiona l measures  where it is applied under subsection (a) 
of section 67 in respect of  the infringement  of right of  registered  
industrial design : 
(i) an order as if thinks fit to prevent the infringement of right of 
registered  industrial design and to prevent the entry into the 23 
channels of commerce of  the State of the registered industrial 
design infringing goods  including imported goods after paying 
leviable duties to the C ustoms Department and customs 
clearance;  
(ii) an order  as if thinks fit to preserve relevant evidence in regard 
to the alleged infringement of right of registered industrial 
design . 
(b) The Intellectual Property Court may direct  the applicant to provide  
the following  to take  provisional measures:  
(i) valid  evidence that the applicant  is the right holder and that the 
applicant’s right is being infringed or that such infringement is 
imminent ; 
(ii) sufficient assurance to prevent abuse of provisional measures.  
(c) The Intellectual Property Court may further dir ect the applicant to 
supply  additional information necessary for  the identif ication of  
the alleged industrial design infringing goods when ordering  the 
provisional measures under subsection (a).  
(d) The Intellectual Property Court shall revoke or cease to have effect 
the provisional measures  ordered  under subsection (a) of section 68 
and subsection (a) of section 69 upon request of the respondent  
without prejudice to subsection (b) of section 69,  if the civil 
proceeding is not initiated , within the reasonable period determined  
by the  Intellectual Property  Court or in the absence of such 
determination, within 30 days from the date of ordering  the 
provisional measures , to decide on merits of  the case for the injury 
commencing form the date  of execut ion of  the requested 
provisional measures.  
 (e) Where the provisional measures are revoked or where they lapse  
due to any act or omission by  the applicant, or where it is 
subsequently found that there has been  no infringement or 
probability of infringement of right of registered industrial design, 24 
the Intellectual Property Court may order the applicant , upon 
request of the respondent , to provide  the respondent appropriate 
compensation for any injury caused by these measures.   
69. (a) The Intellectual Property Court may make  an ex parte order of 
provisional measures in any of the following conditions:  
(i) where any delay is likely to  cause irreparable harm to the right 
holder ; 
(ii) where there is a demonstrable risk of evidence being  
destroyed.  
(b) Where making an ex parte order of  provisional measures, the 
Intellectual P roperty Court shall:  
(i) notify the respondent of the provisional measures  without 
delay after  the execution of the measures ; 
(ii) execute the provisional measures within the period determined  
by the Intellectual Property C ourt, or in the absence of such 
determination, within 30 days from the date of notification , if 
the respondent does not follow the notification ; 
(iii) review the provisional measure upon request of the respondent  
by hearing both sides  within the reasonable period, in order to 
make decision on whether these measures to be modified, 
revoked or confirmed. 
70. The Intellectual Property Court may, in case of infringement of 
industrial design rights, pass any one or more of the following orders without prejudice to the Civil Law and the Code of Civil Procedure in the proceedings under subsection (b) of section 67:  
(a) an injunction against  the infringement of industrial design  rights , 
including the prevention  of the entry into  the channels of the 
commerce of the State  of imported industrial  design infringing 
goods  after paying leviable duties to the Customs Department and  
custom s clearance;  
(b) an order to pay the right holder sufficient damages for the injury  
that the right holder has suffered due to the infringement of 25 
industrial design rights  by the infringer or an order to pay the right 
holder  for pre-established damages or the profits obtained by the 
infringer or both, in appropriate cases ; 
(c) an order to pay the right holder appropriate  expens es including 
legal  costs and attorney’s fees . 
71. (a) When making the final dec ision on the infringement  upon request 
of the right holder, the Intellectual Property Court may pass the 
following orders regarding exhibits  in accordance with the Code of 
Civil Procedure:  
(i) destroying the infringing goods or preventing such goods from 
entering into the cha nnels of commerce;  
(ii) preventing  the materials or implements used in creating the 
infringing goods without compensation of any sort entry into 
the cha nnels of commerce to minimize  the risks of further 
infringement . 
(b) The Intellectual Property Court shall take into account the 
following facts in exercising under subsection (a):  
(i)  the deterrent effect s of issuing the injunction;  
(ii)  the destruction shall  be proportional to the seriousness of the 
infringement ; 
(iii)the effect on the environment of the manner of destruction ;  
and 
(iv) negative effect on the legitimate interests of third parties.  
72. The Intellectual Property Court may order  the applicant  to pay the 
respondent  compensation and legal costs including attorney’s fees and 
other expenses of the respondent who has been wrongfully restrained  by 
the complai nt where the complaint about the infringement of right of 
registered industrial design is appeared incorrect and dishonest . 
73. (a) The Intellectual Property Court may order the adverse party to 
produce evidence , by ensuring the  protection  of confidential  26 
information in appropriate  cases, without prejudice to the 
provisions of existing laws, for the following conditions : 
(i) when the right holder has produced valid  evidence to support 
his claims  sufficiently;  
(ii) when the right holder has specified that the valid  evidence 
relevant to his  claims  are in the hand  of the adverse party . 
 (b) The Intellectual Property Court may, in voluntary infringement 
without sufficient reason, make preliminary and final 
determinations  such as affirmation or rejection based on the 
information  including allegation and declination,  subject to 
providing the parties an opportunity to be heard on allegation or 
evidence in the following situations :  
(i) refusing to provide necessary information;  
(ii) not providing necessary information within a reasonable period;  
(iii) significantly imped ing the procedure relating to an 
enforcement action .   
74. The Intellectual Property Court may apply the provisions in the 
Evidence Act, the Code of Civil Procedure and other relevant existing laws if it is not provided expressly in this Law in respect of the enforcement action s for the infringement of right of re gistered industrial design .  
Chapter XXIII  
Penalties  
75. Whoever commits any of the following acts shall , on conviction, be 
punished with imprisonment for a term not exceeding  one year or with a 
fine not exceeding two million  kyats, or with both:  
(a) irregular issue or causing to issue the certificate of  registered 
industrial design ; 27 
(b) irregular entering or causing to enter dishonestly in the register ; 
(c) disclosing the  confidential industrial design to the  irrelevant person 
during the  confidential period;  
(d) giving the  documents related to the application of industrial design 
to the irrelevant person, disclosing  them to the public, or allowing 
them to use before publication during the prescribed period without 
permission . 
 
Chapter XXIV  
Miscellaneous  
76. Notwithstanding anything in any other existing laws, action shall be 
taken only under this L aw for any offence related to the industrial design of 
this Law . 
77. Where any party is adversely affected,  the Registrar shall  give him an 
opportunity  to be  heard in accordance with the stipulation in the exercise of  
any power vested in him by this Law.  
78. The copy of a certificate of the industrial design  registration and 
document s certified and sealed  by the Registrar may be presented  as 
evidence in the relevant I ntellectual P roperty C ourt. 
79. The infringement of right of registered industrial design in this Law 
shall not  apply to the use of  any goods bearing the registration of  industrial 
design by any government department and legal entity , provided that such 
use is not made on the  commercial purposes  and is limited to specific cases 
of the national emergency or public disaster.  
80. The disputes on industrial design between the two parties may be 
settled by means of mutual consultation amicably or arbitration or judicial 
proceedings . 
81. The Ministry shall be responsible for  office work s of the Central 
Committee and  Agency and bear their expenses  to implement the 
provisions of this Law . 28 
82.  The Ministry shall  fix honorarium  and allowance for the members of 
the C entral Committee , the Agency  and Working Groups  who are non- civil 
service personnel with the approval of the Union Government. 
83. The term  of the person  at the Union level  under this L aw is normally 
the same as that of the President.  
84. The Ministry may form and assign the D epartment and its division s in 
the respective field of intellectual  property to carry out the functions  and 
duties of the Agency . 
85. The Central Committee and  the Agency established under this L aw 
shall be considered to encompass all intellectual p roperty laws.  
86. In implementing the provisions of  this L aw: 
(a) the Supreme Court of the Union may issue rul es, regulations,  bye-
laws notifications, orders, directives and procedures relating to 
judiciary . 
(b) the Ministry and the relevant Ministr ies may:  
(i)  issue rules , regulations and by e-laws with the approval of the  
Union Government . 
(ii) issue notifications, orders, directives and procedures.  
(c) the Agency and the Department may issue notificat ions, orders, 
directives and procedures with the approval of the Ministry . 
87. The Myanmar Patents and Design s (Emergency Provisions) Act, 1946 
is hereby repealed.  
 I hereby sign i n accordance with  the Constitution of the Republic of the 
Union of Myanmar. 
 
 
Sd./ Win Myint  
  President  
Republic of the Union of Myanmar