Protection of Geographical Indications in Myanmar
The Geographical indications are typically used for agriculture. Therefore, initially GIs were attributed to agricultural goods and foodstuffs but not attributed to industrial goods and handicraft goods. But nowadays geographical indications’ products are not limited to agriculture. Natural goods or manufactured goods or any goods of handicraft or goods of industry, including food stuffs are prescribed as Geographical Indication products. However, in manufacturing products, processing or preparation should take place in that region.
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Geographical Indications means any indication which identifies 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. GIs are protected under the Trademarks Law as collective or certification marks, the Pyidaungsu Hluttaw Law No. 3, which is enacted on 30 January 2019. Two protection systems of geographical indication’s products are registration system and non-registration system. And then, a producer of geographical indications is any local person or a legal entity engaged in the production or manufacture of or trade in the geographical area. Registration of Geographical Indications’ products is encouraged to protect interest of producers. Thus, the producer of Geographical Indication needs to register their Geographical Indication product for preventing the Geographical Indication goods from misleading the public as to the geographical indication of the goods.
In the Trademark and Geographical Indications Law, the definition of Geographical Indications is provided. Section 2 defines GI as an “indication which identifies goods as originating in the territory of a country, or a region or locality in that territory, where a given quality, reputation or other characteristics of the goods is essentially attributable to its geographical origin”.
Who can apply for GI registration?
a) Persons who produce goods of natural products or natural resources;
b) Producers of agricultural products;
c) Producers who make handicraft or industrial products;
d) On behalf of the persons under (a) to (c), authorities of relative government department, government organizations.
What information can be submitted for the GI application?
• Name, nationality and address of the application entity or representative;
• The geographical indication for which registration in sought;
• The applied area to which the geographical indication applies;
• The good designated by the geographical indication;
• The specific characteristic of the good or quality or its reputation;
• The link between the prescribed specific quality, its reputation or characteristic and original area and technology of production;
• A copy of payment receipt of fees;
• Related documents required by the Department of Intellectual Property (If needed)
• Other prescribed particulars.
What cannot be registered?
1. Not complying with the definition of geographical indication in section 2 sub-section (o) of the trademark law.
2. Being a generic term or customary in common language of the good that are to use such geographical indication in the Union.
3. Being a geographical indication, which is contrary to public order or good morals or public policy.
If the application complies with all regulations, the Registrar shall publish the contents of the application and specifications as prescribed in the regulation. In case of objection, the Registrar will follow the same regulations of objection of the Trademark as necessary. In case of no objection or the objection is rejected, the geographical indication shall be registered.
The term of a registered geographical indication shall receive protection under this Law as long as its distinguishing characteristics, quality or reputation for which protection was initially granted exists.
Rights conferred on the GI registered owners
• The GI can be used in Myanmar only by producers having the significant features, quality or reputation of the products under the relevant GI.
• The registered beneficiary has the right to prevent use of the relevant GI which 1) deceives the public as to the products’ origin, 2) leads to unfair competition or 3) is aimed to indicate manufacture style or method of a non-compliant product.
Conclusion
Geographical Indications is an important content of intellectual property legal system. GIs is a sign used on goods that have a specific geographical origin and possess qualities, reputation or characteristics. Geographical Indications perform a variety of economic and other functions. The product of Geography Indications includes the name of the place or origin of the goods. Geographical Indications products are known by consumers to denote the origin and the quality of products. GIs products are valuable assets. Geographical Indication’ products are protected in different countries and region through different registrations systems. Most of the countries implemented registration system for protection of geographical indications products. Non-registration system is indirectly protection system is the best way for protection for geographical indications products and producers. Registration is important for producers because only the registrar can protect the false or misuse and infringement of Geographical Indications’ products from unauthorized producers. Registration of Geographical Indications can get more reputation for added values to a product. The false and misuse of Geographical Indications’ product from unauthorized producers of a country can be punished with damages or fine, or in serious cases, in imprisonment for criminal action.
Author: Tanya Saraswat- a student of Narsee Monjee Institute of Management Studies (NMIMS), in case of any queries please contact/write back to us at support@ipandlegalfilings.com or IP & Legal Filing.
