Understanding the provisions of the Industrial Design Law will enable businessmen to protect their own creations and products from being copied, counterfeited, and subjected to deceptive sales practices under the law. This statement was made by the Deputy Director-General of the Copyright Department of the Ministry of Commerce during a virtual educational session on industrial design patents, which was attended by about 90 small and medium-sized businessmen from Ayeyawady Region and Shan State on 21 September.
Industrial design refers to the outward appearance of a product, handicraft item, or its components resulting from the appearance and decoration of lines, contours, colours, shapes, surfaces, textiles, or products, as well as their appearances or decorations.
All designs that are visible and appealing to consumers, such as customized clothing patterns, jewellery designs, accessories, watches, vehicles, luxury items, home interior designs, and packaging designs, as well as any items created for competitive sale in the market, are considered industrial products.
Innovation in design plays a crucial role since customers often base their purchasing decisions on the product’s appearance. Outstanding industrial designs provide a competitive advantage and greater profits for manufacturers and companies that invest in industrial design.
When an industrial design is protected, it prevents the unauthorized copying, imitation, and commercial reproduction of the design, whether in part or in whole, without the permission of the design’s owner or rights holders. This protection allows the owner to benefit from the copyrighted industrial design.
Industrial design can be protected if it is new and created without limitation. Typically, industrial design protection lasts for five years from the date of filing the registration application and can be extended twice, each for five years. Protection is limited to the country where it is registered.
The Industrial Design Law, enacted as Law No 2 in Myanmar on 30 January 2019, by the Pyidaungsu Hluttaw, is currently in the process of having the necessary rules established by the Copyright Department under the Ministry of Commerce for the law to take effect. — TWA/CT
