The Trademark  Law  
(The Py idaungsu Hluttaw Law No.  3, 2019 ) 
The 10th Waning Day of Pyatho , 1380 M.E.  
(30th, January 2019)  
 The Pyidaungsu Hluttaw hereby enacts this L aw. 
Chapter  I 
Title , Enforcement and Definition s 
1. (a) This Law shall be called  the Tradem ark Law . 
 (b) This Law shall come into force on the date prescribed , by 
notification, by  the President .  
2. The following expressions in this Law shall have the meanings given 
below : 
(a) State  means the Republic of the Union of Myanmar;  
(b) Central Committee means the Central Committee o n Intellectual 
Property  formed under  this Law ; 
(c) Ministry means the Ministry  of Commerce  of the Union 
Government ; 
(d) Relevant Ministry  means the Ministry  of Information, Ministry  of 
Industry , Ministry of A griculture , Livestock and I rriga tion or 
Ministry  of Education of the Union Government ; 
(e) Agency means the Intellectual Property Agency  formed under this 
Law;  
(f) Department  means the Department assigned by the Ministry to 
carry out intellectual property matters;  
(g) Registrar  means the Director General of the Department 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 regis tration process of intellectual property;  
(i) Intellectual property rights mean s the rights vested by law to 
protect the own intellectual creations. This expression includes  2 
copyright, patent, industrial design, trademark, and other forms of 
intellectual prope rty rights;  
(j) Mark  means any visually perceptible sign in particular words 
including personal names, letters, numerals, figurative elements 
and combinations of colours as well as any combination of such signs  capable of distinguishing  the goods or services o f one 
undertaking from those of other undertakings. This expression  
includes  the trade mark, service mark, collective mark and 
certification mark ;   
(k) Trademark  means any mark capable of distinguishing the goods 
of one undertaking from those of other underta kings in trade;  
(l) Service mark  means any mark capable of distinguishing services 
of one undertaking from those of other undertakings in trade;  
(m) Collective mark  means any mark owned by  a collective such as an 
association or a federation of industries, producer s or traders  or 
socio -economic organizations or cooperati ves. This expression 
includes a mark capable of  distinguishing  the goods or services of 
the members of the collective from the goods or services of other undertakings;   
(n) Certification mark  means any mark used in connection with 
goods or services certified by the owner of a  mark as to their 
origin, quality, standard or other characteristics and which are used under the control of the owner of a mark ; 
(o) Geographical indication  means any indication which i dentifies 
goods as originating in the territory of a country or a region or a locality in that territory, where a given quality, reputation or other characteristics of the goods is essentially attributable to its geographical origin;  3 
(p) Well -known mark  means  any mark that is well -known in the 
State according to the prescribed criteria;  
(q) Trade name means the name or designation identifying and 
distinguishing an enterprise ; 
(r) Owner of a mark  means the person or  legal  entity  recorded as the 
owner of a  registered mar k in a register of the  Department ;  
(s) Right holder  means any natural person or legal entity , who has the 
right for a registered mark,  that is to be regarded as the owner of a 
mark or a well -known mark or a  geographical indication or a  trade 
name or  a transfe ree or  a licensee of the registered mark ; 
(t) Member State means any member S tate of the conventions, 
treaties or agreements or of international organizations or regional organizations relating to intellectual property, of which the State is a member;  
(u) Intellec tual Property Court  means the c ourt established by the 
Supreme Court of the Union under the l aw to adjudicate 
intellectual property matters  or the court conferred jurisdiction and 
authority  of such c ourt; 
(v) Right of priority  means the right of priority in se ction 31 of this 
Law;  
(w) Right of exhibition priority  means the right of exhibition priority 
in section 32 of this L aw. 
 
 
Chapter  II 
Objectives 
 
3. The objectives  of this Law are as follows:  
(a) to develop investment, trade and commerce by protecting the 
mark s; 
(b) to protect the interests of the owner of a  mark  and the right holder;  4 
(c) to create a fair competitive market  system  and a safety 
environment for the public by prohibiting the import of counterfeit 
mark s and goods to the market place;  
(d) to improve  the qualities  of the  products  of Myanmar by the 
protection of geo graphical i ndications , and to develop the economy 
of the public in locality by exporting to the international market.  
Chapter III  
Formation of the Central Committee and  its Functions and Dut ies  
4. The Union Government:  
(a) shall , to deal with intellectual property matters,  form  the Central 
Committee on I ntellectual Property as follows:  
(i) Vice President  Chair person  
(ii) Union Minister of the Ministry  Vice -Chairperson  
(iii) Deputy Minist ers from the  
relevant  Ministries   Members  
(iv) Deputy Ministers or Director s 
General from other  appropriate  
Ministries  Members  
(v) No more than four  intellectual  
property experts   Members  
(vi) Two representatives from non -
government al organizations  Memb ers 
(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 implement ation of the intellectual property 
policies, strategies and action plans;  
(c) guiding , through the intellectual property system,  to encourag e the 
development of national economy, foreign investment, and small  
and medium enterprises of the State;  5 
(d) encouraging training and nurturing the necessary human resources 
for the devel opment of  the intellectual property matters ; 
(e) coordinating  with the relevant government departments, 
government organizations, other organizations and private 
entrepreneurs to practise and develop the intellectual property 
system effectively;  
(f) encour aging and p romoting the coordination  with local and foreign 
organizations for technical and other necessary assistance;  
(g) carrying out functions and duties relating to intellectual property 
assigned by the Union Government from time to time. 
 
Chapter IV  
Formation of  the 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) Director s General  who are concerned 
with the A gency  from the Ministry 
and the relevant Ministry   Members  
(iii) No more than eight  intellectual property  
experts  Members  
(iv) No more than five representatives 
from non- government al organizations  Members  
(v) Director Gener al 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 th e Deputy Minister.  
8. The functions and duties of the Agency are  as follows:  
(a) coordinating the functions  relating to the trademark ;  
(b) implementing trademark policies, strategies and action plans adopted by the Cen tral Committee , and training and nurturing 
human resources for the development of the trademark system;  6 
(c) observing the conventions, treaties and agreements relating to the 
trademark and giving suggestion that the State should accede to 
them to be a member , to the Central Committee;  
(d) implementing  the functions of  the trademark in line with the 
provisions of the conventions, treaties and agreements relating to 
the trademark of  which the State is a member ; 
(e) cooperating  with the relevant local, international  and regional 
organizations relating to the trademark  and member S tates; 
(f) forming necessary working groups and prescribing their functions 
and duties with the approval of the Central Committee to take 
action on infringement  of trademark ; 
(g) forming necessary working groups to implement functions relating 
to the trademark , and prescribing the ir functions and duties with 
the approval of the Central Committee ; 
(h) protecting the qualified products which are produced by each 
region of the State  for the development of the economy of the 
public  in locality; 
(i) making a decision on an appeal against the decision of the 
Registrar ; 
(j) prescribing the fees to be collected in accordance with  this Law 
with the approval of the Union Government  through the Central 
Committee ; 
(k) approving the seal to be used in granting registration of the  
trademark;  
(l) submitting the task reports and other necessary reports to the 
Central Committee;  
(m) submitting the annual trademark report to the Central Committee;  
(n) carrying out the functions and duties relating to intellectual 
property assigned by the Central C ommittee from time to time.  7 
Chapter V  
Functions and Duties of the Department  
9. The functions and duties of the Department are as follows:  
(a) publishing the matters o n registration of trademark s; 
(b) maintaining the register of trademark s; 
(c) supervising  the performance of the Divisions formed in the 
respective field of intellectual property ; 
(d) carrying out the functions and duties relating to intellectual 
property assigned by the Agency from time to time. 
 
Chapter V I 
Appointing the Registrar and Examin ers and Prescribing their 
Functions and Duties  
10. The Ministry may appoint the Registrar and necessary Examiners in 
the Department according to the submission of the Agency to carry out the functions relating to intellectual property.  
11. The duties of the Registrar are as follows:  
(a) supervising  the functions relating to the application for and 
examination of  the registration of mark s; 
(b) coordinating upon the submission of the E xaminer’s report in 
carrying out the regis tration of mark s; 
(c) making a de cision on the registration of marks ; 
(d) carrying out the functions and duties relating to intellectual property assigned by the Central Committee and the Agency .  
12. The duties of the Examiner are as follows:  
(a) examining the application for the registr ation of marks and 
geographical indications;  
(b) submitting the findings with remarks to the Registrar after 
examining the opposition and objection in respect of the application for the registration of marks ; 8 
(c) summoning and examining the necessary perso ns, and calling for 
the documents with the approval of the Registrar in carrying out 
the registration of marks;  
(d) submitting the remarks to the Registrar whether the registration 
should be granted or not after examining the application of marks;  
(e) carrying out the functions and duties relating to intellectual 
property assigned by the Agency, Department and Registrar.  
 
Chapter V II 
Non-registrable M arks  
13. A mark that falls under any of the following absolute grounds for 
refusal shall not be registrable:  
(a) lack of distinctive character;  
(b) consisting exclusively  of signs or indications which may serve to 
designate the kind , subject matter, quality, quantity, intended 
purpose, value, geographical origin, time of production of the 
goods or rendering of s ervices, or other characteristics of the goods 
or services ; 
Exception:  A mark shall not be refused registration in accordance 
with subsections  (a) and (b) if it falls under any of the 
following : 
(i) having the acquired distinctive character as a result 
of use among consumers before the date of 
application for registration ; 
(ii) using the mark continuously and exclusively in good faith in the course of trade in the State  by the 
applicant;  
(c) affecting the public order, morality, faith and conscience, integrity 
of the State, or venerated culture, and cherished customs of ethnic 
groups of the State;  
(d) becoming the generic or customary in the current language or in 
the bona fide and established practices of the trade ; 9 
(e) mislead ing the public or trade circle  in respect of subsection(b) ; 
(f) consist ing of the total or partial reproduction or imitation of a flag, 
armorial bearings, or other emblems adopted by a State  or an 
international intergovernmental organization; an official sign or 
hallmark indicating control  and warranty adopted by a State; 
abbreviations and names of an international intergovernmental organization, unless authorized by the competent authorities of the 
State or of the  relevant  international intergovernmental 
organization;  
(g) using the emblems  protected under international treaties to which 
the State is a contracting party . 
14.  A ny mark that falls under any of the following relat ive grounds for 
refusal shall not be registrable:  
(a) being  identical with or similar to a registered mark or earlier 
applied mark or priority claimed mark in the name of a different 
person, the goods or services in respect of which registration has 
been requested are identical with or similar to the goods or services 
for which the earlier mark has been registered or ap plied for and 
the use of the sign would cause a likelihood of confusion with that mark by the users;  
(b) using the mark affecting personality rights of a person or the 
reputation of the legal entity  without the permission of the relevant 
person or legal en tity; 
(c) being the mark that infringes the copyright or industrial property 
right of a third party ; 
(d) filing  the mark in bad faith;  
(e) being  identical with or similar to a well- known mark, the goods or 
services in respect of which registration of the sign is applied for 
are identical with or similar to the goods or services for which the 10 
well-known mark is used and the use of the sign would cause a 
likelihood of confusion with that mark;  
(f) being  identical with or similar to a registered well- known ma rk, the 
goods or services in respect of which registration of the sign is 
applied for are dissimilar to the goods or services for which the well-known mark is registered , the use of the sign would indicate a 
connection between the goods or services for whi ch it is used and 
the owner of the registered well -known mark, and the interests of 
the owner of the registered well -known mark are likely to be 
damaged by such use.  
Chapter VI II 
 Application  
15. In order to ha ve the right of  a registered mark  under  this L aw, any 
person entitled to the registration of a mark may file an application to the 
Registrar  in the prescribed manner . 
16. The applicant for the registration of a mark : 
(a)  may make  the application for registration either in Myanmar or 
English;  
(b)  shall translate  the application from  Myanmar into English or 
English in to Myanmar if requested by the Registrar ; 
(c)  shall certify the translation under subsection (b). 
17. The applicant for the  registration of a mark shall : 
 (a) mention the following  facts in the application : 
(i) a request for registration;  
(ii) the 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 suff iciently clear representation of the mark;  11 
(v) the names and classes of the goods and/or services for which 
the registration is sought, grouped according to the classes of 
the international classification ( Nice Classification ); 
(b) attach the following fac ts, if necessary, in addition to 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 w ants to take advantage of any priority  
resulting from the display of goods and/or services in an 
exhibition, a declaration to that effect , together with 
indications and evidence in support of that declaration of 
exhibition priority ; 
(iv) evidence of a registered mark  if the mark  which is requested 
for the registration ha s been registered  at the Office of the 
Registration of Deeds;  
(v) any other elements prescribed by the  Agency and Department  
from time to time .  
18. The date on which the application  of a mark , in accordance with 
subsection (a) of s ection 17 , 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.  
19. The Registrar shall:  
 (a) where more than one party applies to register identical or similar 
mark s on different dates a nd 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 12 
for the registration of the mark  that has earliest fil ing date and 
conforms with the requirements for registration.  
20. Where more than one applicant  has filed the application f or registration 
of identical or similar  mark s 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 a mark applicant after 
consultation among themselves, within a prescribed  period;  
 (b) the applicants shall, in accordance with the direction  of the 
Registrar, resubmit the name  of a person whom they have agreed 
to specify as a mark applicant after consultation among 
thems elves, such point to the Registrar;  
 (c) although the Registrar directs all applicants under  subsection (a), if 
no agreement is reached among them, the applicants shall follow 
the Registrar’s d ecision in the prescribed manner .  
21. (a) The applicant for th e registration of a mark : 
(i) may file with the Registrar 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  make s the decision  on grant of or refus al to an 
application or before the Agency makes the decision on the  
appeal against the decision of the Registrar;  
(ii) may request to withdraw the application with respect to 
registration of  a mark ; 
(iii) may, subscribing the prescribed f ees, apply  to amend, divide 
any application listing several goods or services to the 
Registrar into more  than one  applicatio n and limit or reduce 
the list of specified goods or services but may not extend that 
list; 13 
 (b) shall presume the filing date of a new divisional  application for 
registration under  clause (iii) of  subsection (a) to be the date of 
initial application.  
22. The Registrar may  amend  the a pplication under section 21 in 
accordance with the stipulations after examining . 
 
Chapter IX  
Examination, Opposition and Registration  
23. With regard to the application for registration of a mark, the Examiner 
shall:  
(a) submit the applications  which conform to the provisions of 
sections 13 and 17 to the Registrar together with remarks after 
examining whether the application complies with  the requirements;  
(b) notify  the applica nt to amend the application which does not 
conform to the provisions of sections 13 and 17 with the 
permission of the Registrar after examining whether the 
application complies with t he requirements. If the applicant fails to 
amend the application within 30 days from the date of receipt of the notice, the application shall be considered  as withdrawn;  
(c) submit the application to the Registrar together with remarks after examining if t he amendment in accordance with the provisions of 
subsection (b) has been received.  
 24. (a) Where an applicant for the registration of a mark has failed to 
comply with a time limit for an action in a procedure and that 
failure has the consequence of causi ng a loss of rights with respect 
to an application for the  registration of a mark, he may reapply for 
the registration of a mark 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 cause of  failure 
to comply with the time limit ; 14 
(ii) providing  the requirements, information or explanation 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 R egistrar shall suspend  the r einstatement of rights under 
subsection (a) within the period of appeal . 
25. The Registrar : 
(a) may allow the re quest, after examin ing the applica tion i f it is likely 
to cause the loss of rights in respect of the application for the 
registration of a forfeited mark and reap plying the application 
under subsection (a) of section 24;  
(b)  shall publi sh the application in order to oppose for any  person in 
the prescribed manner  and that application complies with section s 
13 and 17 . 
26. A person who wants to oppose the  application for regi stration of marks 
may, within 60 days from the date of publication, file an opposition to the 
Registrar by subscribing  the prescribed fees, and stating any grounds 
mentioned in section s 13 and 1 4. 
27. If the Registrar  receives the opposition, he  shall send a notice to the 
applicant to defend the  objection within the prescribed period.  
28. With respect to  the application for regi stration  of a mark , the R egistrar:  
(a) may grant the appli cation for registration of  a mark if the 
opposition is not filed within 60 days from the date of publication;  
(b) may grant or refuse the  opposition after examining in accordance 
with the  provisions  of section 1 3 or 1 4, if the  opposition is  filed; 15 
(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 manner ; 
(d) shall issu e the certificate of a registered mark to the applicant if the 
registration is granted . 
29. The owner of a mark : 
(a) may apply to the R egist rar to issue the certified copy of the 
certificate of a registered mark after subscribing the prescribed fees 
if the original certificate is damaged  or lost;  
(b) may apply to the Registrar to correct clerical error o r other 
mistakes that may be permitted to correct , or to cha nge nationality 
and address recorded in the register after subscribing the prescribed 
fees. 
30. The Registrar:  
 (a) shall issue the certifi ed copy of the certificate of a registered  mark 
after examining the application under subsection  (a) of section 29;  
 (b) may amend the application after exam ining under subsection (b) of  
section 2 9. 
 
Chapter X  
Right of Priority  
31. Where a person who has filed an application for the registration of a 
mark in any  member  State to the Paris Convention or the World Trade 
Organization , or his transferee  applies to the Department for the 
registration of the same mark , in respect of goods or  services w hich are 
identical with or contained within those for which the foreign application 
has been filed within 6 months from the first filing date , the first date of the 
application shall be enjoyed as giving rise to the right of priority .  
32. Where the applic ant has disclosed the mark at an official or officially 
recognized international exhibition held in a ny member S tate to the Paris 16 
Convention or the agreement establishing the World Trade Organization, 
he may claim a right of priority from the date of the f irst disclosure of such 
mark in the exhibition, if he files the application in the Department  within a 
period of 6 months from that date.   
33. An exhibition priority shall not e xtend the filing date of priority under 
section 31.  
 
Chapter X I 
Term of Regist ration and Renewal of Registration  
34. The term of registration of  a mark  shall be 10 years from the filing date 
of the registration of a mark. After  the expiry of  10-year term of 
registration, each term of renewal shall be10 years  at a time . 
35. The owner  of a mark shall carry out the following if he wants to renew 
the registration of a mark: 
(a) he shall apply to rene w within 6 months before the expiry of the 
term of r egistration of a mark  by subscribing the prescribed fee ;  
(b) he may apply  to renew with in the grace period of 6 months after 
the expiry of the term  of registration of a mark . He shall pay the 
prescribed registration fees and late fees when applying as such . 
36. The Registrar  shall : 
(a) grant the request for renewal which conforms with the 
requirements . The r enewal shall come into force f rom the date of 
expiry of the previous registration;  
(b) renew the term of registration for 10 years , and publish it in the  
prescribed  manners  after examin ing the application for renewal  of 
registration ; 
(c) record the renewal of registration and subscri bed fee in the 
register ; 
(d) remove the r egistered mark  from the register  if the owner of a 
mark does not subscribe the renewal fee within the grace period of 6 months;  17 
(e) record the removal of a mark  in the register , and publish it in the 
prescribed manners.  
 
Chapter X II 
 Rights of Registered M arks 
37. If the owner of  a mark complies with the provisions in Chapter XI, he  
enjoys the right of a registered mark in this Chapter within the period of 
registration of  a mark .  
38. Without prejud ice to the provisions  in sections 39 and 40, the owner of 
a mark  is entitled:  
(a) as an  exclusive right:  
(i) to prevent a third party if, without the owner’s consent , he uses  
in the course of trade a sign which is identical with or similar  
to the mark in relation to goods or services which are identical 
with or similar to tho se for which the mark is registered where 
there exists a likelihood of confusion  on the part of the public;   
(ii) to sue the infringe r of the right s of a register ed m ark in 
criminal or civil action or  both ; 
(iii) to prevent any unauthorized third party if, without the owner’s 
consent, he uses  in the course of trade a sign which  is identical 
with or similar to the registered well -known mark for goods or 
services which are dissimilar to those  for which the registered 
well-known mark  is used that fall under any of the following:  
(aa) where such use would indicate a connection between  the 
owner of a registered well -known mark and the goods or 
services which are used;  
(bb) where the interests of the owner of a  registered well -
known mark are likely to be damaged by such use;  
(b) to transf er or license the right s of a registered mark to any other 
person in accordance with the provisions in Chapters X III and 
XIV. 18 
39. The owner  of a mark shall not  be entitle d to prohibit a third party  from 
using in good faith for in dustrial or commercial purpose s on the following 
matters:  
 (a) his own name or address;  
 (b) indication s concerning  kind, subject matter,  quality, quantity, 
intended purpose, value, geographical origin,  time of production or 
other charact eristic s of goods or services;  
 (c) a mark to indicate  the intended purpose of goods in particular as 
accessories or spare parts or services.  
40. The owner of a mark shall not  be entitle d to prohibit a third party  from 
using his mark in relation to goods which have been put on the  market  by 
the owner himself or by a third party with  his consent.  
41. Notwithstanding anything in section 40, the owner of a mark may, 
where  the condition of the goods has been changed or impair ed after they 
have been put on the market , prohibit the continuous use in the course of 
trade  in conformity with the existing law . 
 
Chapter X III 
Transfer of the Rights of  a Mark 
42. (a) The applicant for registration of  a mark may apply to the Registrar  
to record the transfer  of his  application of a mark to any person or 
legal entity in the prescribed manners.  
 (b) The owner of a mark may apply to the R egistrar to  record the  
transfer of ownership of a registered mark to any person or legal 
entity in the prescribed  manners.  
 
 19 
43. The Registrar shall record and publish any change in ownership o f the 
registration of a  mark where the applicant or  the transferee under  
subsection (a) of section 42 or the owner of  a mark  or the transferred mark 
owner  under  subsection  (b) of section 42 request s to record in the 
prescribed manner  by subscribing the prescribed fees.  
44.  A change in the ownership of a regist ered mark shall have no effect 
unless it is applied to record to the Registr ar. 
 
 
Chapter X IV 
           Licen ce of the Registered Mark  
45. The owner of  a mark  may license any person or legal entity  to use the 
registered mark by deter mining  the term s and conditions .  
46. The owner of a mark or  his licensee may apply to the Registr ar to 
record the licen ce together with the certified copy of licensing documents 
by subscribing the prescribed fees.  
47. The Registrar shall record the licen ce under section 4 6, and publish it 
in the prescribed  manner.  
48. The Registrar shall cancel the re cord of licen ce, and publish it in the 
prescribed manners if  the owner of  a mark or his licensee applies  for 
cancellation of the record of licen ce in the prescribed manner.  
49. A licen ce shall have no effect unless  it is applied to record to the 
Registrar . 
 20 
Chapter X V 
Invalidation and Cancellation of  the Registration  of a M ark 
50. (a) According to the application of  any interested person, the R egistr ar 
shall  declare that the registration of a  mark  is invalid if it is proved 
that the mark does not comply wit h the definition provided in 
subsection (j) of section 2 or that the mark shall not be registrable 
for the absolute grounds for refusal in section 13 . 
 (b) According to the application of  any interested person, the R egistra r 
shall  declare that the registra tion of a mark is invalid if it is proved 
that the registered sign shall not be registrable for any relative  
grounds for  refusal in section 14.  
 (c) Regarding the application for a declaration of invalidation of the 
registration of a mark, the R egistra r shall declare  that the 
registration of a mark is invalid on the  final decision or judgment 
made by  the court.  
 (d)  (i)  An application for a declaration of invalid ation  pursuant to 
sub-section (a ) may be made  at any  time.  
  (ii) An application for a declar ation of invalidation  pursuant to 
subsection (b) may be made  within f ive years period from the 
date of the  registration, unless the registration was applied for  
in bad faith.  
(e) Where grounds of  invalid ation  are related to only some of the 
goods or  services f or which the mark is registered, the registration 
of such  goods or services shall be declared as invalidation . 
 (f) The Registrar shall record the declaration of invalidation  of a 
registered mark , and notify it to the owner of a  mark and publish it. 
51. (a) According to the application for the use of a mark of  any interested  21 
  person, the Registra r shall cancel the registration of a mark  on any 
of the following grounds that : 
(i) a registered mark has not been put to genuine use in the State  
in relation to the goods or services for which it is registered 
within a  period of three years from the date of registration, and 
there are no proper  reasons for  failure to use; 
(ii) the use of a registered mark has been  suspended for an 
uninterrupted period of three  years, and there are no proper  
reasons for failure to use; or  
(iii) in consequence of acts or inactivity  of the registered holder, a 
registered mark  came to consist exclusively of indications 
which may serve, in  trade, to designate the kind, subject 
matter, quality, quantity, intended purpose, value, geographical  
origin  or the time of production of the goods, or of indications 
that have become generic or customary in the current language 
or in the bona fide and established practices of trade.  
(b) For the purpo ses of subsection  (a), the use of a mark  includes the 
following:  
(i) use in a form  differing in elements which do not alter the 
distinctive character of a mark  in which it was  registered ;  
(ii) use in the State  includes affixing the mark to  goods or to the  
packaging of goods solely for export purposes . 
(c) Where it is required to prove the use to  which a mark  has been put, 
including the duration, nature or scope of the us e under this Law, 
the burden of such proof shall lie against the registered owner.  
(d) Where grounds for cancellation are related to only some of the 
goods or  services for which the mark  is registered, the registration 
shall be cancelled in  relation to those goods or services only. 
(e) Where the registration of a  mark  is cancelled , the regi stration shall 
be deemed to have ceased . 22 
(f) The Regist rar shall record the declaration of cancellation of a 
registered mark, inform it to the owner of a mark , and publish it .  
52. No person shall use the mark refused or cancelled  the registration by 
the R egistrar since the mark is involved with subsection  (c) of section  13. 
Chapter XVI  
Geographical Indication  
53. Any legal entity representing the following persons of the locality in 
which the relevant good s is produced, desirous of registration of a 
geogra phical indication shall apply to the Registrar for registration in 
conformity with the stipulations:  
(a) person s who produce goods by exploiting natural products or 
natural resources ; 
(b) producers of agricultural products;  
(c) manufacturer s of products of  handicraft or industry ; 
(d) competent authorities from government departments and 
organizations on behalf of the persons indicated under subsections  
(a) to (c).  
54. (a)  An application for the registration of a geographical indication 
shall specify the fo llowing points in accordance with the 
stipulations :  
(i) name, nationality and address of the entity  or representative;  
(ii) the geographical indication for which registration is sought;  
(iii) the geographical area to which the geographical indication applies;  
(iv) the goods to which the geographical indication  applies .  
(b) The application should be accompanied by the following : 
(i) a specification describing in sufficient details the specific 
characteristic s or quality or reputation of the goods ;  
(ii) the link between a specific quality, the reputation or the characteristics of goods, geographical origin and method of 
production;  
(iii) other prescribed particulars . 
(c) The application shall be subject to the payment of the prescribed fees.  23 
55. The geo graphical indication that involves any of the followi ng points 
shall not be entitled for registration:  
(a) not corresponding to the  definition of geographical indication in 
subsection (o) of section 2;  
(b) being a generic term or customary in common langua ge in the 
State of the goods that are to use such geographical indication;  
(c) being a geographical indication , which is contrary to the public 
order or morality  or public policy. 
56. Any interested person or relevant department or organization  may 
apply t o the Registrar for invalidation or cancellation of the registration of 
a geographical indication on the following grounds :  
(a) not corresponding to the  definition of  a geographical indication in 
subsection (o) of section 2;  
(b) no longer comply with the requirements laid down in the 
specification according to subsection  (b) of section 54;  
(c) foreign geographical indications which are not or cease to be 
protected in their country of origin, or which have fallen into 
disuse in that country;  
(d) being a geographical indication, which is contrary to the public 
order or morality  or public policy. 
57. (a) Only producers carrying on their activit ies in the geographical area 
specified in the register shall have the right to use a registered 
geographical indicat ion, in the course of trade, with respect to the 
products specified in the register . Provided that such products 
possess the quality, reputation or other characteristic s specified in 
the register.  
 (b) In the case of homonymous geographical indications, pr otection 
shall be accorded to each indication, provided that the practical 
conditions under which the homonymous i ndications will be  
differentiated from each other, taking into account the need to 24 
ensure equitable treatment of the producers concerned  and t hat 
consumers are not misled.  
 (c) The right holder of the registered geographical indication shall 
have the rights to prevent the following matters:  
(i) the use of any means in the presentation of the goods to be originated in a geographical area other than the true place of 
origin in a manner which misleads the public as to the 
geographical indication of the goods;  
(ii) any use of  a registered geographical indication which 
constitutes an act of unfair competition ; 
(iii) any use of a geographical indication identifying goods not 
originating in the place indicated by the geographical 
indication in question, even where the true origin of the goods 
is indicated or the geographical indication is used in translation  
or accompanied by expressions such as "kind", "type", "style", 
"imitation" or the same . 
(d) The rights under subsections (a) and (c) do not apply to another 
geographical indication which, although literally true as to the 
territory, region or locality in which the goods  originate , falsely 
represents t o the public that the goods  originate in another territory.  
58. (a) Whether the application comp lies with sections 53, 54 and 55, the 
Registrar shall publish the content of the application and 
specification in the  prescribed manners .  
 (b) A person who int ends to oppose the registration of geographical 
indications may apply , mutatis mutandis , the provisions relating to  
the opposition of marks .  
 (c) Where no opposition of the registration is received or  the 
opposition is  rejected by the Registrar , the geogr aphical indication 
shall be registered.  
59. The term of the protection of a geographical indication shall be valid 
from the filing date of the application under this Law  as long as the product 
specifications compliance with such as quality, characteristic and 
reputation are longer ensured .  25 
60. (a) After applying the registration of  a geographical indication under 
this Law, the registration of a mark the use of which would 
contravene section 57 and which relates to the  product of the same 
type shall be refu sed by the Registrar if the application for 
registration of a mark is submitted . 
 (b) The registered m arks shall be invalidated  when the marks fall 
under subsection (a) . 
 (c) A mark  the use of which contravenes section 57 which has been 
applied for or regi stered in good faith before the date on which the 
application for protection of a geographical indication is submitted 
to the Registrar, may continue to be used for that product 
notwithstanding the registration of a geographical indication, 
provided that no grounds exist under Chapter XV. In such cases,  
the Registrar shall permit  the use of a protected geographical 
indication as the use of the relevant marks.  
61. (a) Protected geographical indications shall be subjected to official controls by competent aut horities. Competent authorities may 
delegate the part of control activities to a third party.  
 (b) Official controls shall cover:  
(i) compliance of products registered as geographical indications with the corresponding product specifications;  
(ii) use of r egistered geographical indications names on the 
market.  
(c) The cost of official controls related to the compliance with product 
specifications may be partially borne by the interested parties 
subjected to these controls.  
62. The enforcement provisions in case of the infringement of mark in this 
Law shall apply , mutatis mutandis , to the implementation of the rights to 
the geographical indication.  
 
Chapter XVI I 
Trade Name  
63. (a) A trade name shall be protected without the obligation of 
registration, whether or not it forms the part of a mark . 26 
(b) A name or designation may not be used as a trade name if by its 
nature or use to which it may be put, it is contrary to  the public order or 
morality  and if, in particular, it is liable to deceive trade circles or 
the public as to the nature of the enterprise identified by that name  
or a designation . 
(c) A trade name shall be protected against any unauthorized use of 
the identical or similar sign whether used as a trade name or a mark  
if that use is likely to mislead the pu blic. 
 
Chapter XVI II 
Application for International  Registration  
64. The applicants for the registration of a mark from Myanmar or foreign 
countries may file with the Registrar in the prescribed manners if they want 
to exercise the International Trade Mark Registration System called Madrid 
System  after the State has becom e a member of the International 
Trademark Registration System.   
 
Chapter X IX 
Appeal  
65. (a) Any person who is dissatisfied with  any decision made by the 
Registrar under this Law  may appeal t o 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 i n the 
appeal under subsection (a). 
 (c) The Agency m ay confirm, cancel or revise the decision of the 
Registrar if further evidence is submitted under subsection  (b). 
66. Any person who is  dissatisfied with the decision made by the Agency 
may file a case in the Intellectual Property Court which is vested the  27 
jurisdiction by the Supreme Court of the Union for this purpose  within 90 
days from the date of receiving the notice of such decision . 
Chapter X X 
Establishment of the Intellectual Property  Court s 
67. The Supreme Court of the Union:  
(a) may establish the I ntellectual Property Courts in  any appropriate 
place s, and appoint judges to adjudicate on the criminal  or civil 
cases with respect to the 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 
Propert y Courts to the appropriate courts to adjudicate on the 
intellectual property matters before the establishment of the 
Intellec tual Property Courts under subsection (a); 
(d) shall confer the jurisdiction and authority  to the Intellectual Property 
Court s that have jurisdiction over  appeal  and revision cases against 
any judgment, order and decision made by the Intellectual Property 
Courts ;  
(e) shall confer the jurisdiction and authority  to the appropriate 
Intellectual Property Courts to adjudicate on the  cases under  
section 66.  
Chapter XXI  
Protection on Rights of the Registered Mark by the Customs 
Department  
68. The right holder who has absolute grounds for suspecting that the 
importation of alleged counterfeit mark  goods into the territory of the State  
has taken place, is taking place or will take place may submit an 
application in accordance with the stipulation s, to the Director G eneral of 
the Customs Department  to issue the suspension order of the release of 
such goods into free circulation.  
69. (a) The Director General of the Customs Department : 
(i) shall, within 30 days  from the date of receipt of  an application 
under section 68, notify the applicant whether the application 
has been granted or rejected ; 28 
(ii) if not satisfied because of the lack of information necessary for 
adjudication of the application, with a notice to the applicant 
shall defer its decision in order to enable the applicant to 
submit additional information within 15 days from the date of 
notification ; 
(iii) may determine that the applicant shall provide a security to the 
Customs Department in accordance with the stipulations in granting the application;  
(iv)  shall clearly state the reason  if the application is rejected . 
(b) Unless the applicant requested a shorter period, the activities  under  
subsection (a) shall be effective for a period of 6 months . 
70. (a) Following the acceptance of the application according  to section 69  
and according to the finding of the  Customs Department , and if 
they have valid grounds for suspecting that imported goods are 
counterfeit mark goods, the Director General of the Customs 
Department shall suspend the release of such goods , and 
immediately inform the right holder and importer of such 
suspension.  
 (b)  Without prejudice to the protection of confidential information, the 
Director General of the Customs Department  shall permit the right 
holder and the importer sufficient opportunit y to inspect the goods 
subject to suspension in order to substantiate the rights holder’s 
claim that the goods are counterfeit mark goods, and for no other 
purpose.  
71. (a) The goods shall be released if w ithin a period not exceeding 15 
days after the appl icant has been served  the notice of suspension, 
the Director General of the Customs Department has not been 
informed that proceeding leading to a decision on the merits of the case have been initiated by the right holder or that the Intellectual 
Property Court has taken provisional measures prolonging the 
suspension of the release of goods. In appropriate cases, this time 
limit may be extended by another 15 days by  the written decision 
of the Director General of the Customs Department before the 
expiry of 15 days.  
 (b) If it is the perishable goods, the period is 3 days.  29 
72. After receiv ing the notice, the importer may  apply to the  Intellectual 
Property  Court  if dissatisfied  with pending the determination of the merits, 
for a review of the suspension and fo r the opportunity to be heard. The 
Intellectual Property Court shall, within a period 30 days from the request 
for a review, modify, revoke or confirm the terms of the suspension.  
73. Where the Intellectual Property Court  determined that the goods are 
counterfeit mark goods, the importer is liable to pay the costs of storage, 
destruction or disposal of infringing goods  to the Customs Department . If 
the Director General of the Customs Department is  unable to recover the 
said costs from the importer, the right holder shall be liable to pay said costs but shall be entitled to recover any costs so paid from the importer.  
74. Where it has been determined that the goods are n ot counterfeit mark 
goods, the importer shall be entitled to the payment of damages by the  
applicant in an amount determined by the Intellectual Property Court because of the wrongful suspension and detention of the goods  concerned.  
75. The provisions in this Chapter shall not be applicable to counterfeit 
mark goods of non- commercial nature,  and intended for t he importer’s own 
personal use contained in personal luggage , or sent in goods prescribed in 
the Regulations . 
76. The Director General of the Customs Department may exchange 
informatio n, and cooperate with the World Customs Organization and the 
Director General of the Customs Department of other countries in respect 
of alleged  counterfeit  mark goods.  
 
Chapter XXI I 
Authority of Intellectual Property Courts on Infringements of 
Trademark  
77. (a) The right holder may file a civil miscellaneous case for his 
grievance in th e Intellectual Property Court to order provisional 
measures under sections 79 and 80.  30 
 (b) The right holder may file a criminal or civil case in the Intellectual 
Property Court.  
78. The Intellectual Property Court shall presume that: 
 (a) a mark protected under this Law is infringed where any other third 
party exercises  any right contained in section 38 in the State 
without the consent of the owner of a mark ; 
 (b) the use of a sign which is identical with or similar to  an 
unregis tered well - known mark in relation to goods or services 
which are identical with or similar to those, without the consent, is 
likelihood of confusion to the public.  
79. (a)  The Intellectual Property Court may order the following one or 
more provisional me asures for civil remedies upon the application 
under subsection  (a) of section 77 in respect of the infringements  
of mark : 
  (i) an order  as it thinks fit  to prevent the infringement of mark and 
to prevent the entry into the channels of commerce of  the State 
of mark infringing goods including imported goods  after 
paying leviable duties to the Customs Department and customs 
clearance;   
  (ii) an order as it thinks fit to preserve relevant evidence in regard to the alleged mark infringing goods;  
  (iii) an or der to  modify, revoke or confirm  the order of  suspension 
issued by the relevant Customs  Department . 
(b)  The Intellectual Property Court  may direct  the applicant to pr ovide 
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;  31 
 
(ii) sufficient assurance to prevent abuse of provisional measures.  
(c)  The Intellectual Property Court may further direct  the applicant to 
supply additional information necessary for identification of the 
alleged 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 79  
and subsection (a) of section 80 upon request of the respondent 
without prejudice to subsection  (b) of section 80, if civil 
proceeding is not initiated within the  reasonable period determined 
by the Intellectual Property C ourt 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 from the date of execution of the  requested 
provisional  measures.  
(e)  Where the pro visional 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 a mark right, the Intellectual 
Property Court may order t he applicant, upon request of the 
respondent, to provide the respondent appropriate compensation 
for any injury caused by these measures.  
80. (a)  The Intellectual Property Court may make an ex parte order of  the 
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 Property Court shall : 
(i) notify the respondent of the provisional measures, without 
delay , after the execution of the measures;  32 
(ii) execute the provisional measures within the period  determined  
by the Intellectual Property Court , or in the absence of such 
determination, wit hin 30 days from  the date of notification, if 
the respondent does not follow the notification.  
(c) The Intellectual Property Court  shall  review the provisional 
measures, 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.  
81. (a) The Intellectual Property Court may, in case of the infringement  of 
mark , 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 77:   
(i) an injunction against  the infringement  of mark , including the 
prevention of the entry into the channels of the com merce of 
the State of imported mark infringing goods afte r paying 
leviable duties to the Customs Department and  customs 
clearance;  
(ii) (aa) an order t o pay the right holder  sufficient damages for 
the injury that the right holder has suffered d ue to the 
infringement of mark by the infringer or an order to pay 
the right holder pre -established damages or the profits 
obtained by the infringer or both, in appropriate cases;   
 (bb) an order to pay the right holder  appropriate expenses 
including legal costs and attorney’s fees;  
(iii)an order that the mark infringing goods be  disposed of outsides 
the channels of commerce or destroyed without paying any 
compensation to the right holder in order to avoid any harm 
caused to the right holder ; 33 
(iv) an order that the materials and implements predominant ly use 
in the creation of the mark infringing goods be disposed of 
outside s the channels of commerce or destroyed. 
(b) When considering to pass any order under clauses  (iii) and (iv) of 
subsection (a), the Intellectual Property Court shall take into 
account  proportiona lity betw een the seriousness of the 
infringement  of mark  and such order as well as the interests of the 
third part y. 
82. The Intellectual Property Court may order the applicant to pay the 
respondent compensation and legal costs including attorney’s fees and 
other e xpenses of the respondent who has been wrongfully restrained by 
the complaint where the complaint about infringement of mark is appeared 
incorrect and dishonest.  
83. (a) The Intellectual Property Court may  order the adverse party to 
produce evidence, by ensuring the protection of confidential 
information in appropriate cases, without prejudice to the provisions of existing  laws, for the following conditions : 
(i) when the right holder has produc ed 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 hands of the adverse party . 
 (b) The Intellectual Property Court may , in voluntary infringement 
without valid 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) refus ing to provide necessary information;  
(ii) not provi ding necessary information within a reasonable  
period;  34 
(iii) significantly imped ing the procedure relating to an 
enforcement action . 
84. If the Intellectual Property Court has imposed a fine for any offence 
prosecuted under this Law, it may or der to pay  the aggrieved person the 
whole or part of such fine as damages. 
85. If both criminal and civil cases are filed on the basis  of the same 
matter , the Intellectual Property Court shall set -off the money given as 
damages from the fine imposed under sec tion 84  when passing the 
judgment , order and decree to pay damages for injury  in the civil case.  
86. The Intellectual Property Court may apply the provisions in the 
Evidence Act, the Code of Criminal Procedure and the Code o f Civil 
Procedure and other r elevant existing laws if it is not provided expressly in 
this Law in respect of the enforcement actions for infringement  of mark .  
 
Chapter XXII I 
Offences and Penalties  
87. (a) Whoever  commits any of the following acts on the commercial 
purposes without th e consent of the right holder shall, on 
conviction, be punished with impriso nment for a term not 
exceeding three  years or with a fine not exceeding five  million 
kyats, or  with  both:  
  (i) counterfeiting  a mark;  
  (ii) applying  a counterfeit mark to  goods  or using it in co nnection 
with services;  
  (iii) possessing any materials or implement s, the predominant use 
of which is likely to be to counterfeit a mark or applying a 
counterfeit mark to  goods . 
 (b) Whoever  commits any of the following acts on the com mercial 
purposes shall, on conviction, be punished with imprisonment for a 
term not exceeding two years or  with a fine n ot exceeding five 
million kyats, or with both : 
  (i) dealing or possessing in counterfeit mark goods;  35 
(ii) importing into or exporting f rom the State , counterfeit mark 
goods . 
88. Whoever commits  any act of section 87, after a prior conviction for the 
same offence, shall be punished with i mprisonment for a term from a 
minimum  of three  years to  a maximum  of ten years, and shall  also be liabl e 
to a fine not exceeding ten  million kyats.  
89. Whoever uses a sign of flag or emblem which  is particular ly protect ed 
under international treaties to which the State  is a contracting party  as a 
mark  for the commercial purpose s shall, on conviction, be punished with 
imprisonment for a term not exceeding three years or  with a fine not 
exceeding five  million kyats or with both.  
90. Whoever removes, destroys, deforms or add s the registered mark with 
intention to adversely affect the  owner  shall, on conviction, be punished 
with impriso nment for a term not exceeding one year or with a fine not 
exceeding three million  kyats  or with  both.  
91. 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  a registered 
mark;  
(b) irregular entering or causing to enter dishonestly in the register ; 
(c) violation of the prohibition of secti on 52 . 
92. Whoever conspires or abets  in commission of  any o ffence in this Law 
shall be liable to the punish ment provided for such offence . 
Chapter XXIV                                    
Miscellaneous  
93. Before this Law comes into force, under the Regist ration Act:   
(a) the owner of a  mark registered at the Office of the Registration of 
Deeds or the owner s of the actual use  of a mark in the channel  of 36 
commerce of the S tate although they are not registered , shall apply 
to register under this L aw if they wa nt to enjoy the rights of a 
registered mark ; 
(b) the rights of priority use shall be enjoyed for a mark r egistered or 
unregistered at the Office of the Registration of Deeds which is the 
mark of the actual use in the channel s of comme rce of the S tate 
during a prescribed period in res pect of goods or ser vices.  
94. Notwithstanding anything in any other existing laws:  
(a) registration of  a mark shall be carried out in accordance with this 
Law;  
(b) action shall be taken only under this Law for any offence relat ing 
to a mark.  
95. Where any party is adversely affected, t he Registrar shal l give him an 
opportunity to be heard in accordance with the stipulations in the exercise 
of any power vested in him by this Law .  
96. The copy of  the certificate of a registered m ark, and documents  
certified and sealed by the Registrar may be presented as evidence in the 
relevant Intellectual Property Court.  
97. The Intellectual Property Court may  pass an order that the counterfeit 
mark goods as well as any materials and implements related to commission 
of the offence be forfeited or destroyed or may pass an appropriate 
administrative order to act in any other ways. 
98. The Ministry shall be responsible for off ice works of the Central 
Committee and  the Agency and bear their expense s to implement the 
provisions  of this Law.  
99. The Ministry shall fix honorarium  and allowance  for the members of 
the Central Committee , the Agency and Working Groups who are non- civil 
service personnel with the approval of the Union Government. 
100.The ter m of the person at  the union level under this Law is normally 
the same as th at of the President.  
101.The Ministry may form and assign the Department and its divisions in 
the respective fiel d of Intellectual Property to carry out the functions and 
duties of  the Agency.   37 
102. The infringement  of mark  in this Law shall not apply to the use of any 
goods bearing the mark by any government department and legal entity , 
provided that such use is not made on the  commercial purposes  and is 
limited to specific cases o f the national emergency or public disaster.  
103. The offences under  this Law shall be de termined  as cognizable 
offences.  
104. The d isputes  on the trademark right between the two parties may be 
settled by means of mutual consultation, amicably or arbitra tion, or judicial 
proceedings . 
105. The Central Committee and the Agency established under this L aw 
shall be considered to encompass all intellectual p roperty laws . 
106. In implementing the provisions of  this Law:  
 (a) the Supreme Court of the Union may is sue rules, regulations, bye-
laws, notifications , orders, directives  and procedures relating to 
judiciary ; 
 (b) the Ministry  and the relevant  Ministries  may:  
(i) issue rules , regulations  and bye-laws with the approval of the 
Union Government;  
(ii) issue notific ations, order s, directives and procedures ; 
 (c) the Ministry  undertaking the functions of  customs may issue rules , 
regulations  and bye-laws relating to custom s with the approval  of 
the Union Government ;  
 (d) the Agency and Department  may issue notificati ons, order s, 
directives, and procedures  with the approval of the  Ministry .   
  I hereby sign in accordance with  the Constitution of the Republic of the 
Union of Myanmar. 
 
                                                                           S d./ Win M yint                        
 President                                                                  
Republic of the Union of  Myanmar