The Patent Law  
( The Pyidaungsu Hluttaw Law No. 7, 2019 )  
The 6th Waxing Day of Tabaung, 1380 M.E.  
(11th, March 2019)  
 The Pyidaungsu  Hluttaw hereby enacts this Law.  
Chapter I  
Title, Enforcement and Definitions  
1. (a) This Law shall be called  the Patent 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 on 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 Agriculture, Livestock and Irrigation 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 registration process of intellectual property;  2 
 
(i) Intellectual property rights means the rights vested by law to 
protect the own intellectual creations. This expression includes 
copyright, patent, industrial design, trademark and other forms of 
intellectual property rights;  
(j) Invention means the creation of a product or a process that 
provides a solution to a specific problem in the field of technology. This express ion also includes utility model;  
(k) Patent means the title granted by this Law to protect any 
invention;  
(l) Utility model  means the technical creation that consists of a new 
shape or configuration of an object or of the component of an object that increases its functionality or utility;  
(m) Patentee means any person or legal entity recorded on the register 
of Department as the patentee;  
(n) Inventor  means a person who makes any invention;  
(o) Right holder  means the patentee and its legal person or legal 
entity that is entitled to exercise the rights of a pat entee;  
(p) A person having ordinary skill in the art  means a person who 
has general understanding and is not an expert in the field of 
technology of the invention or in the field of technology most 
closely connected with the invention;  
(q) Employer  means any autho rized person, government department, 
government organization or legal entity who carries out by hiring 
one or more employees on wages of mutual consent under the employment agreement, including a person who manages, supervises and administers directly or i ndirectly, and is responsible 
for paying wages to the workers and responsible for employing and terminating the employment of the employee. This expression includes the legal managerial agent of the employer and in private 3 
 
business if the employer passed away, his heir and legal successor 
of shares are also included;  
(r) Employee  means the person who earns his living by wages 
obtained by using his physical or mental capacity. In this 
expression, the services personnel of any government department, 
organization or any legal entity are also included under this Law;  
(s) Member State mean s any member State of the conventions, 
treaties or agreements or, of international organizations or regional organizations relating to intellectual property, of which the State is 
a member;  
(t) 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;  
(u) Right  of priority means the right of priority in section 43;  
(v) Right  of exhibition  priority  means the right of exhibition priority 
in section 44.  
 
Chapter II  
Objectives 
3. The ob jectives of this Law are as follows:  
(a) to protect the rights and interests of the patentee and inventor in 
accordance with this Law;  
(b) to develop the production of the State  by promoting technological 
innovations and the dissemination and transfer of technology;  
(c) to be mutual advantage of technological knowledge and socio-
economic welfare between inventors and users of invention;  
(d) to support a balance of the rights and obligati ons of the inventors 
and users of invention;  4 
 
(e) to discourage being abusively exercised on the patent and 
controlling on unreasonably restrain trade by the patentee or right holder;  
(f) to encourage an environment of innovation.  
 
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 on Intellectual Property as follows:  
(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) granting or refusing for is suing the compulsory l icence sub mitted 
by the Agency;  
(c) supervising the implementation of intellectual property policies, 
strategies and action plans;    (i) Vice President  Chairperson  
  (ii) Union Minister of the Ministry  Vice -Chairperson  
  (iii) Deputy Ministers f rom  
the relevant Ministries  Members  
  (iv) Deputy Ministers or Directors General  
from other appropriate Ministries  Members  
  (v) No more than four intellectual  
property experts  Members  
  (vi) Two representatives from  
non-governmental organizations  Members  
  (vii) The person assigned by the President  Members  
  (viii) Director General of the Department  Associate Secretary  5 
 
(d) Guiding , through the intellectual property system, to encourage the  
development of national economy, foreign investment, and small 
and medium enterprises of the State;  
(e) Encouraging  training and nurturing the necessary human resources 
for the development of the intellectual property matters;  
(f) Coordinating  with the re levant government departments, 
government organizations, other organizations and private 
entrepreneurs to practise and develop the intellectual property 
system effectively;  
(g) Encouraging  and promoting the coordination with local and 
foreign organizations  for technical and other necessary assistance;  
(h) carrying out the 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  Chairperson  
(ii) Directors General who are 
concerned with the Agency from 
the Ministry and the relevant  
Ministries  Mem bers 
(iii) No more than eight intellectual 
property experts  Members  
(iv) No more  than five representatives 
from non -governmental organizations  Mem bers 
(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 Chairperson of the Agency shall be considered to be a person who 
is at the level of the Deputy Minister.  6 
 
8. The functions and duties of the Agency are as follows:  
(a) coordinating the functions relating to the patent;  
(b) implementing patent policies, strategies, action plans adopted by 
the Central Committee, and training and nurturing human 
resources for the development of the patent system;  
(c) observing the conventions, treaties and agreements relating to the 
patent and giving suggestion that the State should accede to them 
to be a member, to the Central Committee;  
(d) implementing the functions of the patent in line with the provisions 
of the conventions, treati es and agreements relating to patent of 
which the State is a member;  
(e) cooperating with the relevant local, international and regional 
organizations relating to the patent and member states;  
(f) forming necessary working groups and prescribing their functions 
and duties with the approval of the Central Committee to take 
action on infringement of patent;  
(g) forming necessary working groups to implement functions relating 
to the patent and prescribing their functions and duties with the 
approval of the Central Committee;  
(h) performing to develop the technology by promoting the use of 
patent information;  
(i) carrying out the compulsory licence matters, submitted by the 
Registrar, in accordance with the decision of the Central 
Committee;  
(j) making a decision on an appeal against t he decision of the 
Registrar;  
(k) prescribing the fees to be collected in accordance with this Law 
with the approval of the Union Government through the Central 
Committee;  
(l) approving the seal to be used in granting registration of the patent;  7 
 
(m) submitting the tas k reports and other necessary reports to the 
Central Committee;  
(n) submitting the annual patent report to the Central Committee;  
(o) 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 matters on registration of the patent;  
(b) maintaining the registers of the patent;  
(c) supervising the performance of the divisions forme d in the 
respective field of intellectual property;  
(d) carrying out the functions and duties relating to the patent assigned by the Agency from time to time.  
 
Chapter VI  
Appointing Registrar  and Examiners 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 r elating to the patent application and 
examination;  
(b) coordinating upon the submission of the Examiner’s report in 
carrying out functions and duties of the patent;  
(c) making a decision on the registration of the patent;  
(d) carrying out the functions and duties rel ating to intellectual 
property assigned by the Central Committee and the Agency. 8 
 
12. The duties of the Examiner are as follows:  
(a) examining the application of the patent;  
(b) submitting the finding with remarks to the Registrar after 
examining the opposition and counter -statement in respect of the 
patent;  
(c) summoning and examining the necessary persons and calling for 
the documents with the approval of the Registrar in carrying out 
the registration of patent;  
(d) submitting the remarks to the Registrar whether the patent should 
be granted or not after examining the patent application;  
(e) carrying out the functions and duties relating to intellectual 
property assigned by the Agency, Department and Registrar.  
 
 
 
Chapter VII  
Patentable Invention  
13. The invention is patentable if it is in conformity with the following 
conditions and not contrary to the provisions of section 14:  
(a) the invention is new:  
Explanation:  The invention is new, if it has not already existed 
as prior art. Prior art shall consist of everything  
made available or disclosed to the public, 
anywhere in the world, by publication or by oral disclosure, by use or in any other ways, prior to the filing date or, where appropriate, the priority date, of the application claiming the invention.  
(b) it involves an inventive step:  9 
 
Explanation:  The invention filed for patent shall be considered 
as involving an inventive step if it would not have 
been obvious to a person skilled in the relevant art.  
(c) it is capable of using in any industry:  
Explanation:  The invention is capable of industrial application 
means it can be made or used in any industry. The 
term “industry” shall be understood in its broadest 
sense, as any socioeconomic activities leading to 
the production and services especially handicraft, 
agricul ture, livestock, fishery, commerce and 
services.  
 
 
 
Chapter VIII  
Non-patentable Invention  
14. (a) The following inventions are non- patentable inventions:  
(i) discoveries, scientific theories and mathematical methods;  
(ii) schemes, rules and regulations or  methods relating to 
conducting business, performing purely mental acts or 
playing games;  
(iii) computer programs per se;  
(iv) essentially biological processes for the production of plants 
or animals other than non -biological and microbiological 
processes;  
(v) plants and animals, including animal races and plant 
varieties and including the whole or part of natural living beings and biological materials found in nature other than 
artificially created microorganisms, DNA (including 10 
 
complementary DNA sequences), cells, cell lines, cell 
cultures and seeds;  
(vi) methods for treatment of the human or animal body by surgery or therapy, and diagnostic methods practiced on human or animal body;  
(vii) invention in relation to the natural substances, known substances including new uses and new forms of known 
substances or chemical products prescribed from time to 
time;  
(viii)  invention which are seriously prejudice to public order or 
morality, human beings, animals or plants, health or the 
natural environment, and invention for which its exploitation is prohibited by any existing law wit hin the territory of the 
State.  
(b) Pharmaceutical products or processes are non -patentable invention 
until 1 January 2033 unless specified otherwise by the Union 
Government acco rding to the policy of Trade -Related Aspect of 
Intellectual Property Rights (TRIPS) Council under World Trade 
Organization (WTO).  
(c)  The following are non- patentable invention for protection relating 
to the patent until 1 July 2021 unless specified otherwise by the Union Government according to the policy of Trade -Related 
Aspect of Intellectual Property Rights (TRIPS) Council under World Trade Organization (WTO):  
(i) agricultural chemical products;  
(ii) food products;  
(iii) microorganisms.  
(d) The U nion Government may amend the terms of non- patentable 
mentioned in subsections (b) and (c) with the approval of Trade -
Related Aspect of Intellectual Property Rights (TRIPS) Council 
under World Trade Organization (WTO).  
 11 
 
Chapter IX  
Persons Entitled to Apply  for the Patent  
15. (a) The inventor shall have the right to apply for the patent and to be 
named as such in the patent. In addition, the assignee or 
transferee of the inventor has the right to apply for the patent.  
 (b) If more than one person has made the same invention independently  of each other, the person submitting application in 
the earliest filing date or, if priority right is claimed, the applicant 
who validly obtained the earliest filing date of priority shall be 
entitled to the patent.  
16. If more than one person has jointly made any  invention, they have the 
right to  apply for the patent jointly.  
17. When any invention is made under the employment agreement 
between the employer and employee or as a consequence of the said 
agreement:  
 (a) only the employer has the right to apply for the patent for any 
invention made by the employee if there is no contrary to the 
employment agreement;  
 (b) if the employer has failed to apply for the patent within six months 
after the employee has informed him in  writing that the invention 
has been completed, it shall be presumed that the employer has abandoned any claim to the invention and the employee has the right to apply for the patent for the said invention;  
 (c) in case of applying for the patent for invention made within one year after the expiration of the employment agreement, if the invention was made by the employee in the field of the former employer, it shall be regarded as invention made under the expired employment agreement and the employer is eli gible to apply for 
the patent, provided that this does not contradict the employment agreement and the employee has failed to prove the contradiction 12 
 
of them. However, only the employee has the right to apply for the 
patent under the following conditions:  
(i) the former employer agreed that he has not applied for that invention;  
(ii) the former employer is unable to refute the evidence submitted by the employee;  
(iii) the employee files the application, as the former employer has failed to apply for the pa tent according to subsection (b);  
 (d) where any invention is made by an employee not under the assignment of the employer, and when for making that invention, the employee used materials, data or know -how of the employer, 
and the invention is related to t he business of the employer, if there 
is no contrary to the employment agreement, only the employee has the right to apply for the patent;  
(e) if the employee made any other invention except the invention mentioned in subsections (a), (c) and (d), he shall  have the right to 
apply for the patent for that invention if there is no contrary to the employment agreement.  
 
 
Chapter X  
Application  
18. The person who is entitled to registration of the patent under this Law 
shall, if he wishes to obtain the patent, file the application to grant the 
patent to the Registrar, in the prescribed manner.  
19. The patent applicant:  
 (a) may make the patent application either in Myanmar or English;  
 (b) shall translate the application from Myanmar into English or 
English into Myanmar if requested by the Registrar;  13 
 
(c) shall certify the translation under subsection (b).  
20. (a) The patent applicant shall mention the following facts in the 
application:  
(i) a request for grant of the patent;  
(ii) name, nationality and address of  the applicant or legal entity 
and inventor;  
(iii) name, citizenship scrutiny card number and address of the 
representative where the application is filed by the 
representative;  
(iv) full description of invention;  
(v) title and abstract of the invention;  
(vi) one or more claim to grant the patent as prescribed.  
(b) In addition the facts contained in subsection (a), the following facts shall be attached, if necessary:  
(i) address and name of the S tate in which the applicant has an 
effective industri al or co mmercial establishment if any;  
(ii) where the application is filed for a legal entity, registration number, type and name of the country of that legal entity;  
(iii) drawings for the understanding of the invention, if any;  
(iv) where the applicant wants to take advantage of the priority of the earlier application, a declaration claiming the priority of that earlier application, together with indications and evidence in support of that declaration;  
(v) where the applicant wants to take advantage of the priori ty 
resulting from the display of the invention in an exhibition, a declaration to that effect, together with indications and 
evidence in support of that declaration;  14 
 
(vi) where  one of the joint applicants signs the application on 
behalf of all joint applicants, written agreement by all the 
remaining joint applicants;  
(vii) the statement of legal access and use to genetic or biological resources and to traditional knowledge associated or not with those resources, and that was directly or indirectly used in 
the making of the claimed invention;  
(viii)  the request for the earlier publication, if applicable;  
( ix ) any other elements prescribed by the Agency and Depart -
ment from time  to time.  
21. The date on which the patent application in accordance with subsection 
(a) of section 20 received by the Department, shall be presumed to be the 
filing date of the application in the State subject to the payment of fees.  
22. (a) The descript ion of the invention shall be disclosed in writing to be 
carried out by a person having ordinary skill in the art, and shall, in particular, indicate the best mode to be carried out the invention 
known to the inventor at the filing date or at the priority date of the 
application where priority is claimed.  
 (b) The disclosure of the claimed invention under subsection (a) shall 
be considered enabling if it provides information which is sufficiently clear to allo w that invention to be made and used by a 
person having ordinary skill in the art on the filing date, without undue experimentation.  
 (c) The description shall contain a clear identification of the origin of genetic or biological resources that collected in the territory of the State, and that were directly or indirectly us ed in the making of the 
claimed  invention  as well as of any element of traditional 
knowledge associated or not with those resources and that was 15 
 
directly or indirectly used in the making  of claimed invention 
without the prior consent of its individual or collective creators.  
23. (a) The matter for which the protection is sought shall be described in 
the claim or claims for the patent.  
 (b) The claim or claims for the patent shall be clea r and concise. The 
description and the drawings may be used to explain them.  
24. (a) If disputes arise, in case of more than one person submit the application on different dates for identical invention that was 
separately invented by each other, only the earliest applicant 
submitting the application consistent with the requirement for 
registration shall be allowed to register.  
 (b) If disputes arise, in case of each applicant claims the right of 
priority or the right of exhibition priority under subsection  (a), only 
the applicant submitting the application that has earliest filing date 
and conforms with the requirements of registration shall be 
allowed to register.  
25. Where more than one applicant have filed the application for grant of 
the patent with re spect to the identical invention that was separately 
invented 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 patent applicant after 
consultation among themselves, within the prescribed period;  
 (b) the applicants shall, in accordance with the direction of the 
Registrar, re -submit the name of the applicant whom they have 
agreed to specify as the patent applicant after consultation among 
themselves, or if they want to prescribe as joint applicants, such point to the Registrar;  
 16 
 
 (c) although the Registrar directs all applicants under subsection (a), if 
no agreement is reached among them, the applicant shall f ollow the 
Registrar’s decision, in the prescribed manner.  
26. (a) The patent applicant shall request to the Registrar to make a 
substantive examination of the patent application within 36 months from the filing date by subscribing the prescribed fee. The Registrar shall publish such request in the prescribed manner.  
 (b) If the request mentioned in subsection (a) is not submitted within the prescribed period, the patent application shall be considered as abandonment.  
27. The application shall relate to one invention only or to a gr oup of 
inventions so linked as to form a single general inventive concept.  
28. The patent applicant:  
 (a) may file with the Registrar to correct clerical errors and other mistakes that may be permitted to correct in the application, translation and document after subscribing the prescribed fee, before the Registrar makes the decision on grant of or refusal of the patent or before the Agency makes the decision on the appeal against the decision of the Registrar;  
 (b) may amend the application before t he patent is granted, without 
going beyond the matters contained in the initial application;  
(c) (i)  may apply to the Registrar to divide the application which is not consistent with section 27 into more than one application 
by subscribing the prescribed fees until the patent is granted  
without  going beyond the matters contained in the initial 
application;  
 (ii) shall recognize the filing date or priority date, where the priority is  claimed, of the initial application as the filing date 
for each  divisional application.  17 
 
 (d) may apply to the Registrar to withdraw a patent application.  
29. The Registrar may amend the application under section 28 in 
accordance with the stipulation after examining. 
 
Chapter XI  
Examination, Opposition and Registration  
30. With regard to the patent application, the Examiner shall:  
 (a) classify the invention according to the International Classification 
and submit the application which conforms to the stipulations to the Registrar together with remarks afte r examining w hether the 
patent application complies with the requirements in sections 19 
and 20;  
 (b) notify the applicant to amend the appl ication which does not 
conform to the stipulations after examining whether the patent 
application complies with the requirements in sections 19 and 20 
with the permission of the Registrar. If th e applicant fails to amend 
the application within 60 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 the amendments in accordance with the provisions of subsection (b) has been received.  
31. (a) Where an applicant or owner of patent has failed to comply with a 
time limit for an ac tion in a procedure before the Registrar and that 
failure has the consequence of causing a loss of rights with respec t 
to the patent or application, he may apply to the Registrar for 
reinstatement  of the patent right if  it meets the following  
requirements;  18 
 
(i) submitting a request within 60 days from the date of 
abandonment of the patent or application in respect of the cause of failure to comply with the time limit;  
(ii) providing the requirements, information or explanations in respect of the cause of fai lure to comply with the time limit;  
(iii) describing the reasonable grounds 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) in t he following situations:  
(i) submitting an appeal;  
(ii) inter partes proceeding.  
32. The Registrar shall examine the remarks of the Examiner with regard 
to the patent application and publish, in accordance with the prescribed manner, the application which conforms with the requirements on the expiration of a period of 18 months from the da te of filing, or at the earlier 
date where the earlier publication is requested for public information and 
notice of opposition.  
 33. A person who wants to oppose the patent application may, within 90 
days from the date of the publication under section 32, file an opposition to the Registrar by subscribing the prescribed fee, and stating any grounds mentioned in sections 13 and 14.  
34. If the Registrar receives the opposition, he shall send a notice to the 
applicant for making a counter -statement within th e prescribed period.  
35. The Registrar may decide to proceed, amend or withdraw the patent 
application after examining the notice of opposition, the findings and remarks of the Examiner relating to the opposition for patent application and shall notify suc h decision to the patent applicant and opponent and 
publish it in the prescribed manner. 19 
 
36. The Examiner shall examine whether the invention is patentable or not 
under sections 13, 14, 22, 23 and 27 and submit it together with his 
remarks to the Registrar  with respect to the request for substantive 
examination of a patent application.   
37. The Registrar, with respect to a patent application:  
 (a) may grant or refuse the patent after examining the Examiner’s 
remarks;  
 (b) shall record such grant or refusal  of the patent in the register and 
notify the applicant. In addition, he shall publish such grant or refusal in the prescribed manners;  
 (c) shall issue a patent certificate to the applicant if the patent is granted.  
38. The Registrar may notify the patent applicant to submit the following 
documents within the prescribed period for examining the patent application filed in the State where as it has been filed in a foreign country:  
(a) a copy of search and examination reports obtained by the applicant and which are performed by any relevant Intellectual Property Office of any foreign country;  
(b) a certified copy of the patent certificate obtained from foreign 
country by the applicant;  
(c) a copy of decision regarding the refusal of the patent applicat ion of 
the Intellectual Property Office of any foreign country, or refusal of the claim contained in such application or of invalidation or withdraw of any patent granted on such application.  
39. The Registrar may request, with regard to the exami nation of  a patent 
application,  the governmen t departments or organizations,  international 
organizations or Foreign Patent Office to examine the patent application with the approval of the Agency. 
 20 
 
40. The patentee may:  
(a) apply to the Registrar to issue the certi fied copy of the patent 
certificate after subscribing the prescribed fees if the original 
patent certificate is damaged or lost;  
(b) apply to the Registrar to correct clerical error or other mistakes that 
may be permitted to correct or to change nationalit y and address 
recorded in the register after subscribing the prescribed fees.  
41. The Registrar:  
(a) shall issue the certified copy of a patent after examining the application under subsection (a) of section 40;  
(b) may amend the application after examini ng under subsection (b) of 
section 40.  
42. (a) When the patent application is filed formal ly, in case  where the 
Registrar  considers matters in the patent application as prejudicial 
to the national security of the State and safety of the people, the 
application may be kept  secret with the approval of the Agency 
without publication until remarks of clearance of the Ministries related to such patent application is received.  
(b) After receiving the remarks, the relevant Ministry may take an 
action, provi ded that suitable compensation is paid to the applicant, 
for examining the unclear patent application or keeping the 
information secret or transferring any economic rights relating to the application to the relevant government department.  
(c) With regard t o the application considered that information in it is 
prejudicial to the national security of the State and safety of the 
people, any person residing in the State shall not apply for patents 
in another country without the permission of the Registrar, if no 21 
 
remark has been given under subsection (a) or it has been 
cancelled.  
(d) The patent applicant may request adequate compensation to the relevant Ministry under subsection (b). If the applicant is not satisfied with the amount of compensation, he may apply  to the 
Intellectual Property Court.  
(e) The Registrar may withdraw the secret under subsection (a), when it appears that the patent application is no longer necessary to be kept secret according to the remarks of the relevant Ministry.  
 
 
Chapter XII  
Right  of Priority  
43. If a patent applicant who has applied in a member State of the Paris 
Convention or the World Trade Organization or a successor of the said 
applicant files to the Department for registration of the same invention within one year from the da te of the first application, he shall enjoy the 
right of priority to such filing date as the filing date.  
44. If any person apply to register for the same invention to the 
Department within one year from the exhibition date which was displayed at the international exhibition held or recognized by the relevant government in a member of the Paris Convention or the World Trade Organization, he shall enjoy the right of exhibition priority to such 
exhibition date as the filing date.  
45. The exhibition prior ity shall not extend the period of priority under 
section 43.  
46. The applicant who does not submit the documents within the 
prescribed period may submit a request to the Registrar for retrieving the 
right of priority in accordance with subsection (a) of s ection 31.  22 
 
Chapter XIII  
Terms of the Patent and Annual Fees  
47. The term of the patent is 20 years from the filing date of the patent 
application.  
48. The owner of the patent or the applicant shall pay the annual fee 
prescribed periodically to the Departme nt in order to maintain the patent or 
patent application as follows:  
(a) the prescribed fee shall be paid within six months before the date 
of payment of the annual fee;  
(b) the grace period of six months shall be allowed for the late payment of the annua l fee on payment of the prescribed surcharge. 
When making such payment, the prescribed annual fees and the late fees shall be paid.  
49. The Registrar:  
(a) shall record the payment of the annual fee in the register;  
(b) shall  lapse the patent or patent application if the annual fee is not 
paid within the grace period of six months;  
(c) may restore the lapsed patent without publication before the end of 
the period of one year after the period in which the payment should have be en made if he is satisfied that the non -payment of annual 
fees is justifiable and rights of third parties that may have arisen in 
the meantime are not unreasonably harmed.  
(d) shall publish the patent or patent application that has been lapsed in 
the prescribed manners after recording it in the register. 
50. In case of the deadlines mentioned in section 48 are not met, the 
applicant or titular may request the restoration of rights to the Registrar if 
the conditions in section 31 are fulfilled.  
 23 
 
Chapter XIV  
Patent Rights  
 
51. The patent rights in this chapter shall be enjoyed within the period of 
the term of the patent by the patentee if he complies with the provisions in 
Chapter XIII.  
52. Without prejudice to the provisions in section 54, a patentee is entitled: 
(a) as an exclusive right:  
 (i) if the patent has been granted with respect to a product, the 
right to prevent third parties in accordance with this Law from making, using, offering for sale, selling or importing such product to the country without his consent;  
 (ii) if the patent has been granted with respect to a process, the right to prevent third parties in accordance with this Law from using such  process without his consent or from 
performing a product by means of using directly such proces s in the way expressed in clause (i) of subsection (a).  
(b) to sue the infringer of patent rights in civil action.  
(c) to transfer  or license patent rights to any other person in 
accordance with the provisions in Chapters XV and XVI.  
53. The employer shall have a non -exclusive licence on the patent that 
only the employee is entitled to the patent under subsection (d) of section 17. 
54. The patent rights shall not extend to the followings:  
(a) non-commercial or private use of the patented i nvention;  
(b)  acts done for experimental or research purposes;  24 
 
(c) acts of using the articles on aircraft, land vehicles or vessels of 
other countries which temporarily or accidentally enter into the territory of the State;  
(d) acts performed by any person in good faith before the filing date or priority date was using the patented invention or was making effective and serious preparation for the use;  
(e) acts of selling, offering for sale, or importing the patented 
invention in the market by the pate ntee or with his agreement;  
(f) acts of making, constructing, using, selling or importing the 
patented invention solely for uses reasonably relating to the 
submission of information required under any law of the State, or any country other than the State, that regulates the manufacture, 
construction, use, sale or import of any product;  
(g) acts of extemporaneous preparation for an individual in a pharmacy in accordance with prescription given by a registered medical or dental practitioner.  
55. Where the patent is owned jointly by more than one person and unless 
agreed otherwise among them:  
(a) the patentee shall have the right to enjoy an equal and undivided share in the patent right s; 
(b) the patentee may transfer or license his undivided share in the 
patent rights to any other person;  
(c) the patentee has the right to sue in civil action the infringer of 
patent rights without obtaining the consent of other joint- patentees;  25 
 
(d) the successor or legal entity shall have the right to enjoy the rights, 
of pate ntee mentioned in subsections (a), (b) and (c).  
 
 
Chapter XV  
Transfer of Rights of  the Patent  
56. (a) The patent applicant may apply to the Registrar to record the 
transfer of  his patent application to any person or legal entity 
in the prescribed  manners.  
 (b) The patentee may apply to the Registrar to record the transfer of 
his patent rights to any person or legal entity in the prescribed 
manners.  
57. The Registrar shall record and publish any change in ownership of the 
patent where the applicant of the patent or the transferee under subsection 
(a) of section 56 or the patent owner or the transferee under subsection (b) 
of section 56 requests to record in the prescribed manners by subscribing 
the prescribed fees.  
58. The transfer of the ownership of the patent shall have no effect unless 
it is applied to record to the Registrar.  
59. With respect to an invention that derives directly from genetic, 
biological resources or traditional knowledge in the State, the Agency:  
(a) may direct the patentee to transfer  the proprietary interests of the 
patent to the relevant organization if it is found that the patent is 
granted as a conseque nce of the application mistaken  and 
concealed by the applicant which is inconsistent with the provision of clause (vii) of subsecti on (b) of section 20;  26 
 
(b) shall withdraw the application or abandon the patent if the patent 
generates strong public concern or raises issues of morality and public order after receiving the transfer of the proprietary interests 
of the patent by the releva nt organization under subsection (a).  
 
 
Chapter XVI  
Licence of the Patent  
60. The patentee may license any person or legal entity to exploit the 
patent by determining the terms and conditions.  
61. The patentee or his licensee may apply to the Registrar to record the 
licence together with the certified copy of licencing documents by 
subscribing the prescribed fees.  
62. With respect to the application under section 61, if the Registrar finds 
that it h as no abuse of patent rights and anti -competitive practices or it may 
not adversely affect the interests of the State directly or indirectly or it may 
not restrict or obstruct the skill and development of technology in general 
or it is not likely to have a ny those effect, he shall record the said licence 
and publish it in the prescribed manners.  
63. The Registrar shall cancel the record of a licence and publish it in the 
prescribed manners if the patentee or his licensee applies for cancellation of the reco rd of a licence in the prescribed manners.  
64. The licence shall have no effect unless it is applied to record to the 
Registrar.  
 27 
 
Chapter XVII  
Compulsory Licence  
65. (a) Any person or legal entity may apply to t he Registrar for the 
compulsory licence of th e patent in accordance with the 
specification on any of the following conditions:  
(i) national security for the public interest, nutrition, health or 
the development of other vital sectors of the national 
economy so requires;  
(ii) a judicial or administra tive body has determined that the 
manner of exploitation, by the patentee or his licensee, is 
anti-competitive, and the exploitation of the invention in 
accordance with this subsection would remedy such practice;  
(iii) the patentee is abusively exercising  his exclusive rights or 
neglecting in taking measures to prevent his licensee from 
abusively exercising the licensed exclusive rights;  
(iv) the invention is not available in sufficient quantities or 
quality or at reasonable prices in the State, either through 
manufacture in the State or through importation;  
(v) when a patent (the “second patent”) claiming an invention 
that involves an important technical advance of considerable 
economic significance in relation to any invention claimed in 
a patent (the “first patent”) without infringing which the 
second patent cannot be exploited.  
(b) After examining the application under subsection (a), the Regi strar 
shall submit it to the Agency. The Agency shall grant or refuse it 
by determining the terms and conditions on the submission of the 
Registrar with the decision of the Central Committee.  28 
 
66. (a)  Upon the request of the patentee, the Agency shall ter minate the  
compulsory licence if he is satisfied, after hearing the parties, if 
either or both wish to be heard, that it is not complied with the provisions of subsection (a) of section 65 or  that person designated 
by him has failed to comply with the term s of  such licence.  
 (b) Although the termination of the compulsory licence under subsection (a), the Agency shall not terminate the compulsory licence if he is satisfied to be continued using it for adequate protection of the legitimate interests of the person designated by him justifies the maintenance of the decision or, if the compulsory licence was granted to remedy an anti -competitive practice under 
clause (ii) of subsection (a) of section 65, if and when the conditions which led to such compulsory l icence are likely to 
recur.  
67. As the compulsory licence is the non -exclusive licence, it shall exclude 
to the following matters:  
 (a) the exploitation of the invention by the patentee himself, either manufacture in the State or through importation or bot h;  
 (b) the conclusion of licence contract with the permission of the patentee;   
 (c) the exercise of his right by the patentee under section  52. 
68. Where the Agency issues a compulsory licence under section 65, it:  
 (a) shall urgently inform the releva nt patentee of the issuance of 
licence;  
 (b) shall specify and express the date to be started to use the patented invention by the licensee, terms and conditions of the licensee such 
as terms of the licence and the compensation by the licensee to the 
paten tee. 29 
 
69. (a) In deciding the compensation for granting compulsory licence of a 
patent which claims a pharmaceutical product or a pro cess 
of making a   pharmaceutical product, when an alternative 
process of making the same product is not known or not available, the terms and conditions of the decision of the General Council of the World Trade Organization of Aug ust 
30, 2003 may be considered. 
 (b) A compulsory licence may not be applied for on the ground of insufficient avai lability of the patented product or of the product 
manufactured with the patented process as expressed in clause (iv) of subsection (a) of section 65 before the expiration of the period of four years from the date of filing of the patent application or three years from the date of the grant of the patent whichever 
period is later. In addition, such application shall be refused if the 
patentee justifies his inaction or insufficient action by with 
reasonable grounds.  
 (c) Upon the request of the patentee or of the third person authorized to exploit the patented invention, the Agency may vary the terms 
of the decision authorizing the exploitation of the patented 
invention to the extent that changed circumstances justify such variation after hearing the parties, if either or both wish to be 
heard.   
 (d) The compulsory licence may only be transferred with the part of business of that person.  
70. (a) Where the compulsory licence is applied under section 65, it 
shall be  accompanied by evidence that the patentee has received, a 
request for a voluntary licence from the person seeking the 
compulsory licence, but that person has been  unable to obtain such 
licence on reasonable commercial terms and conditions within a 
reasonable time.   30 
 
 (b) Evidence concerning an attemp t of obtaining a licence granted 
under subsection (a) shall not be required in cases of national 
emergency or other circumstances of extreme urgency or in cases 
of public non- commercial use or when the licence is granted to 
remedy a practice of anti -compet itive determined by judi cial or 
administrative process.  
71. The exploitation of the invention by the organization or third person 
licensed by the Agency shall be predominantly for the supply of the market 
in the State, except when it is permitted to remedy  a practice determined to 
be anti -competitive according to clause (ii) of subsection (a) of section 65 
or when the compulsory licence concerns a patent claiming a 
pharmaceutical product or a process of making a pharmaceutical product, 
and the purpose of the licence is to export such product for a foreign territory or country with no or with insufficient manufacturing capacity, in 
accordance with the terms and conditions of the decision of the General 
Council of the World Trade Organization of August 30, 2003.  
72. Where a compulsory licence is granted under clause ( v) of subsection 
(a) of section 65:   
 (a) the patentee of the first patent shall be entitled to a cross- licence on 
reasonable terms to use the invention claimed in the second patent;  
 (b) the licence of the first patent shall be non -assignable except with 
the assignment of the second patent.  
73. Any person who is dissatisfied with any decision in respect of a 
compulsory licence including a request for a compulsory licence or the 
decision on com pensation may apply to the Intellectual Property Court 
under section 94.  
 31 
 
Chapter XVIII  
Surrender and Revocation of the Patent  
74. The patentee may:  
 (a) surrender the patent to the Registrar according to his desire;  
 (b) where  the patent is jointly owned by more than one person and 
unless agreed otherwise among themselves, surrender the patent to 
the Registrar with the consent of all joint patentees.  
75. The Registrar shall, after examining the surrender of the patent, record 
the surrender in the register and publish it in accordance with the 
prescribed manners.  
76. Any interested person or legal entity may apply to the Registrar to 
revoke the whole or part of the patent if it is found that the patent is 
contrary to any provision contained in section 77.  
77. The Registrar shall revoke the whole or part of the patent if he finds 
that the patent is contrary to any of the following facts under the application of any interested person or legal entity:  
 (a) appearing that the invention is not a patentable invention under 
sections 13 and 14;  
  (b) appearing the reasonable grounds of evidence that the patentee is 
not entitled to the patent;  
 (c) finding  that amendments of patent application extend beyond 
matters claimed in the initial application as published;  32 
 
  (d) appearing that the patent is obtained by fraud or misrepresentation 
or concealment of any prescribed significant information;  
 (e) using secretly the claimed invention, in requesting the patent, before the priority date;  
 (f) being failure to describe required information or falsely describing the information by the applicant to the Registrar;  
 (g) obtaining the final decision or judgment of t he Intellectual Property 
Court with respect to the cancellation of the patent.  
78. The Registrar shall cancel a patent or a patent application from the 
register if any of the following facts has occurred:  
(a) infringing the secret under subsection (a) of s ection 42 or filing the 
patent application in any foreign country by infringing subsection (c) of section 42 by the applicant;  
(b) lapsing without subscribing the annual fees under subsection (b) of 
section 49;  
(c) not describing or falsely describing the genetic or biological 
resources that are used in the invention or the invention derived 
from traditional knowledge in accordance with clause (vii) of subsection (b) of section 20. 
79. The Registrar shall, if the patent is revoked, record such revocation in  
the register and notify it to the relevant patentee and publish it in the prescribed manners.  
 
Chapter XIX  
Utility Model  
80. (a) A utility model may be applied for registration as a utility 
certificate if it is new and is industrially applicable.  33 
 
(b)  The following are excluded from utility model protection:  
 (i) procedures;  
 (ii) chemical, pharmaceutical, biological, metallurgical of or any 
other kind of substances or compounds;  
 (iii) items excluded from patent protection in accordance with this Law;  
 (iv) sculptures, architectures or ornaments existing in nature.  
(c) The description of the utility model shall disclose it in a manner 
sufficiently clear and complete for the utility model to be carried 
out by a person having ordinary skill in the art, and shall, in 
particular, indicate how the claimed utility model enhances the 
utility or functionality of the object.  
(d) Without prejudice to the provisions of this Chapter, the provisions that apply to patents and patent application shall apply mutatis 
mutandis  to utility model certificates.  
81. The term of utility model certificate shall be 10 years from the filing 
date of the utility model application.  
82. The Examiner shall, with respect to the application of the utility model:  
(a) submit  the application which conforms with specification with his 
remarks to the Registrar after examining whether the application 
conforms with the definition contained in subsection (l) of section 
2 and examining it in accordance with the provisions contained in 
sections 19 and 20, and subsection (b) of section 80.  
(b) inform the applicant with the permission of the Registrar to amend 
the application which does not conform with specifications after 
examining it in accordance with the provisions contained in 
subsection (a). If any amendment is not made within 30 days of the 
notice received, such application shall be considered as abandoned 
and withdrawn by submitting it to the Registrar;  34 
 
(c) submit the application with his remarks to the Registrar after 
examining the amendment if he receives it in accordance with the provision of subsection (b).  
83. The Registrar shall publish the application which conforms to 
specifications for public information and notice of opposition if necessary, after examining the remarks submitted under section 82. 
84. (a) Any person who wishes to oppose the utilit y model shall submit 
the notice of opposition with credible evidence to the Registrar by 
subscribing the prescribed fee within 60 days from the date of the publication.  
(b) If the Registrar receives the notice of opposition, he shall send a 
notice to the applicant for making a counter -statement within the 
prescribed period.  
(c) The Examiner shall submit the findings to the Registrar accompanied with his remarks after examining t he opposition and 
counter -statement with respect to the application of the utility 
model. 
85. The Registrar with respect to the utility model application:  
(a) may grant the utility model application if the notice of opposition 
is not submitted within 60 da ys from the date of publication;  
(b) may grant or refuse the utility model application after examining the opposition and Examiner’s findings and remarks, if the opposition is filed;  
(c) shall  record such grant or refusal in the register and inform the 
applicant. In addition, he shall publish it in the prescribed manners;  
(d) shall issue the utility model certificate to the applicant if the utility 
model is granted.  35 
 
86. The Registrar, on the application of any interested person or legal 
entity, may revoke the utility model certificate if he finds out that it is 
contrary to any of the following grounds:  
(a) not conforming with the provisions prescribed in subsections (a) 
and (b) of section 80;  
(b) appearing the reasonable grounds of evidence that the owner of the utility model certificate is not entitled to the utility model.  
87. (a) At any time before the grant or refusal of a patent application, an applicant for a patent may convert his patent application into an 
application for a utility model certificate by subscribing prescribed 
fees and considering the filing date of the initial application as the 
filing date of the application.  
 (b)  At any time before the grant or refusal of a utility model  certificate, 
an applicant for a utility model certificate may convert his 
application for a utility model certificate into a patent by 
subscribing prescribed fees and considering the filing date of the 
initial application as the filing date of the application.  
 (c) An application under subsection (a) shall not be converted more than once.  
88. The applicant shall not apply for the patent and the utility model 
certificate for the same invention in parallel or for each one.  
 
Chapter XX  
Application for International Registration  
89. The patent applicants from Myanmar or foreign country may file with 
the Registrar in the prescribed manner if they want to exercise the 
international registration system after the State has become a member of 
the Patent Coope ration Treaty.  
90. The Registrar shall treat an international application designating the 
State as an application for a patent filed under this Law by considering the 36 
 
international filing date accorded under the Patent Cooperation Treaty to be 
the actual f iling date in the State.  
91. The Department shall act as a receiving office in respect of an 
international application filed by a Myanmar citizen or a resident of 
Myanmar.  
92. The Department shall act as a designated office in respect of an 
international a pplication in which the State is designated for the purpose of 
obtaining a national patent or utility model protection under this Law.  
 
Chapter XXI  
Appeal  
93. (a) Any person who is dissatisfied with any 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).  
94. 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 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 XXII  
Establishment of the Intellectual Property Courts  
95. The Supreme Court of the Union:  
 (a) may establish the Intellectual Property Courts in any appropriate 
place and appoint judges to adjudicate on the criminal or civil 
cases with respect to the intellectual property matters;  37 
 
(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 establishment of the  
Intellectual Property Courts under subsection (a);  
(d) shall confer the jurisdiction and authority to the Intellectual 
Property Courts 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 94.  
 
Chapter XXIII  
Authority of Intellectual Property Court on Infringement of Patent  
96. (a) The righ t holder may file a civil miscellaneous case for his 
grievance in the Intellectual Property Court to order provisional 
measures under sections 97 and 98.  
 (b) The right holder may file a civil case in the Intellectual Property Court.  
97.  (a) The Intellect ual Property Court may order the following one or 
more provisional measures where it is applied for the allegations of 
infringement of patent under subsection (a) of section 96:  
  (i) an order as it thinks fit to prevent the infringement of patent 
and to prevent the entry into the channels of commerce of the 
State of patent infringing goods including imported goods after paying  leviable duties to the Customs Department and 
customs clearance;  38 
 
(ii) an order as it thinks fit to preserve relevant evidence in 
regard to the alleged infringement of patent.  
(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 the abuse of provisional measures.  
(c) The Intellectual Property Court may further direct the applicant to supply additional information necessary for the identif ication 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 provisional measures ordered under subsection (a) of section 97 and subsection (a ) of section 98 upon request of the respondent 
without prejudice to subsection (b) of section 98, if the civil proceeding is not initiated within the reasonable period determined by the Intellectual Property Court or in the absence of such determination, w ithin 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 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 patent, 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.  39 
 
98. (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 Property 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 Court or in the 
absence of such determination, within 30 day s from the date 
of notification, if the respondent does not follow the 
notification.  
  (iii) 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. 
99. The Intellectual Property Court may, in case of inf ringement of patent, 
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 96:  
 (a)  an injunction against the infringement of patent, including th e 
prevention of the entry into the channels of the commerce of the 
State of imported patent infringing goods after paying leviable duties to the Customs  Department and customs clearance;  
(b) an order to pay the right holder sufficient damages for the injur y 
that the right holder has suffered due to the infringement of patent 40 
 
by the infringer or an order to pay the right holder pre -established 
damages or profits obtained by the infringer or both, in appropriate 
cases;  
(c) an order to pay the right holder appropriate expenses including 
legal costs and attorney’s fees.  
100. (a) When making the final decision 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 channels of commerce;  
  (ii) preventing the materials or implements used in creating the 
infringing goods, without compensation of any sort,  entry 
into the channels 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 effects of issuing the injunction;  
  (ii) that destruction must be proportional to the seriousness of 
the infringement;  
  (iii) the effect on the environment of the manner of destruction;  
  (iv) negative effect on the legitimate interests of third parties.  
101. The Intellectual Property Co urt 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 
complaint where the complaint about the infringement of patent is appear ed 
incorrect and dishonest.  
102. (a) In a civil suit concerning  the infringement of the patentee’s rights, 
if the subject matter of a patent is a process for obtaining a product, 41 
 
the Intellectual Property Court may order t he respondent to prove 
that the pr ocess used to  obtain an identical product is different 
from the patented process.  
(b) In cases where the product obtained by the patented process is 
new, any identical product that is produced without the consent of 
the patentee shall be considered as being produced by the patented 
process if there is no proof to the contrary.  
(c) In summoning to produce the evidence under subsection (a), the 
Intellectual Property Court shall take into account the legitimate 
interests of the alleged infringer if he conceals his manufacturing 
and business secrets.   
103. (a) The Intellectual Property Court may order the adverse party to 
produce evidence, by ensuring the protect ion of confidential 
information  in appropriate cases, without prejudice to the 
provisions of exi sting laws, for the following conditions:  
 (i) when the right holder has produced the valid evidence to support his claims sufficiently;  
 (ii) when  the right holder has specified that the valid evidence 
relevant to his claim are in the hand of the adverse party.  
(b) The Intellectual Property Court may, in voluntary infringement 
without valid reason, make preliminary and final determinations 
such as a ffirmation or rejection based on the information including 
allegation and declination, subject to providing the parties an 
opportunity to be heard on allegations or evidence in the following 
situations:  
 (i) refusing to provide necessary information;  42 
 
(ii) not providing necessary information within a reasonable 
period;  
(iii) significantly impeding the procedure relating to an enforcement action.  
104. 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 for infringement of patent.  
Chapter XXIV  
Penalties  
105. 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) issuing or causing to issue the certificate of the patent or utility 
model fraudulently;  
(b) entering or causing to enter in the register fraudulently; 
(c) giving, without permission, the application of the patent together 
with documents in relation to the specifications of invention to the 
irrelevant person, disclosing it to the pub lic or giving permission to 
use it by the public within the presc ribed period prior to 
publication;  
(d) giving the specifications of invention without permission to the 
irrelevant person, disclosing it to the public or giving permission to 
use it by the public.  
106. With regard to a product, whoever expresses incorrect ly in any manner, 
that the patent application has been filed without filing the application or 
after the filed application has been refused or the patent has been granted 
without being granted shall, on conviction, be punished with imprisonment 43 
 
for a term not exceeding six months or within a fine not exceeding two 
million kyats or with both.  
 
Chapter XXV  
Miscellaneous  
107. Notwithstanding anything in any other existing laws, action shall be 
taken only under this Law for any offence related to the patent.  
108. Where any party is adversely affected, the Registrar shall give him an 
opportunity to be heard in accordance with the stipulations in the exercise of any power vested in him by this Law.  
109. The copy of the patent certificate and document certified and sealed by 
the Registrar may be presented as evidence in the relevant Intellectual 
Property Court.  
110.  Where the applicant’s residence or principal place of business is 
outside the territory of the State, the patent application may be applied 
through t he representative or patent agent who is registered in the prescribed 
manners by the Department in accordance with the provisions of this Law.  
111. The product and process of the invention shall be considered as 
movable property in any form whether corpore al or incorporeal and whether 
tangible or intangible.  
112. The infringement of patent in this Law shall not apply to the use of any 
goods bearing a patent 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.  
113. The disputes on the patent between the two parties may be settled by 
means of mutual consultation, amicably or arbitration or judicial 
proceedings. 
114.  The Minist ry shall be responsible for office works of the Central 
Committee and the Agency and bear their expenses to implement the 
provisions of this Law.  44 
 
115.  The Ministry shall fix honorarium and allowance for the members of 
the Central Committee, the Agency and  Working Group who are non- civil 
service personnel with the approval of the Union Government. 
116. The term of the person at the union level under this Law is normally 
the same as that of the President.  
117.  The Ministry may form and assign the Department  and its divisions in 
the respective field of intellectual property to carry out the functions and 
duties of the Agency.  
118.  The Central Committee and Agency established under this Law shall 
be considered to encompass all intellectual property laws.  
119. In implementing the provisions of this Law:  
 (a) the Supreme Court of the Union may issue rules, regulations, bye -
laws, notifications, orders, directives and procedures relating to judiciary.  
 (b) the Ministry and relevant Ministries may:  
 (i) issue rules, regulations and bye -laws with the approval of the 
Union Government.  
  (ii) issue notifications, orders, directives and procedures.  
 (c) the Agency and the Department may issue notifications, orders, 
directives and procedures with the approval of t he Ministry. 
 I hereby sign in accordance with the Constitution of the Republic of the 
Union of Myanmar. 
 
Sd./ Win Myint  
           Pre sident  
Republic of the Union of Myanmar