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Friday, January 25, 2013

Why Kachin conflict threatens Myanmar peace

Why Kachin conflict threatens Myanmar peace

By Hilary Whiteman, CNN
January 24, 2013 -- Updated 1108 GMT (1908 HKT)


An injured Kachin Independence Army soldier receives an injection from a medic on Hka Ya mountain in Kachin province on January 20, 2013. An injured Kachin Independence Army soldier receives an injection from a medic on Hka Ya mountain in Kachin province on January 20, 2013.
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Conflict in Myanmar's Kachin State
Conflict in Myanmar's Kachin State
Conflict in Myanmar's Kachin State
Conflict in Myanmar's Kachin State
Conflict in Myanmar's Kachin State
Conflict in Myanmar's Kachin State
Conflict in Myanmar's Kachin State
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STORY HIGHLIGHTS
  • Renewed fighting reported in Kachin despite government ceasefire order
  • Both Myanmar government and the KIA trade accusations of attacks
  • Fighting started in June 2011 after a 17-year ceasefire was broken
  • KIA is the only one of 10 armed ethnic groups that hasn't agreed a ceasefire

Hong Kong (CNN) -- High in a rugged, mountainous region in Myanmar's north, the country's army remains locked in a conflict that seems to contradict the image of a nation committed to abandoning its brutal past.
Days after a government-ordered ceasefire on January 19, clashes were reported between Burmese soldiers and the Kachin Independence Army (KIA) around the town of Laiza on the Chinese border.
The Myanmar government said its troops were ordered to fire only in self-defense, but the Kachin Independence Organization (KIO), the KIA's political arm, claimed it was under attack
Laiza is the headquarters of the KIA and the KIO. Around 20,000 people live there, and thousands more are sheltering in temporary camps around the town after being driven from their homes, according to human rights groups and other reports.
"People who live in Laiza, they are standing by to flee. Every day they hear bombing and the noise of guns. The government is saying that it's stopped the offensive, but the reality in the Kachin area it has not stopped, and the fighting and the offensive is ongoing," Moon Nay Li, coordinator for the Kachin Women's Association told CNN on Tuesday.

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Though based in Thailand, Moon Nay Li said she'd been speaking with people in Laiza who were "afraid for their future." She said they were digging holes to shelter from the shelling, and were desperate for the fighting to stop.
Why has fighting intensified now?
In a statement dated January 18, the Myanmar government said that it had requested back up from the Air Force to ensure "accurate hitting of KIO/KIA targets" after repeated attacks on convoys seeking to resupply an outpost near Laiza. It accused the KIA of blasting roads and bridges, attacking troops and recruiting and abducting civilians to aid its fight.
Despite the government's self-defense claims, Matthew Smith, a consultant to Human Rights Watch (HRW), told CNN the government appeared to have recently stepped up attacks on Kachin fighters, possibly in an attempt to gain more ground and leverage in any future peace talks.
"Some of the strategic outposts that the Burmese government has been attacking over the last several weeks are strategic to the protection of Laiza so I think that appears to be the target," said Smith, who wrote a damning report for HRW on the conflict between the two sides called "Untold Miseries - Wartime Abuses and Forced Displacement in Burma's Kachin State," which was released in March 2012.
How long have they been fighting?
The Myanmar army and the KIA -- which formed more than 50 years ago -- have been trading shots since a series of incidents brought a sudden end to 17-year ceasefire in June 2011. Smith said tensions rose after leaders of the KIO were unable to participate in the November 2010 election -- the first vote to be held in Myanmar in 20 years.
According to Smith's report, the Burmese army launched a "major military offensive" on June 9, 2011, to which the KIA rapidly responded by blowing up bridges, planting land mines and ambushing military convoys.
At the time, conservationists claimed the two sides were fighting for control of a multi-billion dollar hydropower dam project on the Taping River, one of several being built in the region.
However, dams are not the only source of tension in the area, Smith said. It is also rich in mineral deposits, including the jade mines of Hpakant, a source of some of the world's most valuable stones. And pipelines snake through the state delivering lucrative oil and gas to China.
How has the world responded?

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News of the escalation of attacks in Kachin has raised concerns outside the country as the international community keenly watches Myanmar's transition to democracy from a military regime.
"We're obviously deeply troubled by the increased violence," U.S. State Department spokeswoman Victoria Nuland said in a news conference in early January.
Later, China urged both sides to "exercise maximum restraint" after a bomb landed about 500 meters over the Chinese border on January 15. "We believe that talks are the only correct solution to the north Myanmar conflict and expect all related parties to seek a ceasefire and start negotiations," said foreign ministry spokesman Hong Lei on January 22.
The United Nations welcomed President Thein Sein's calls for a January 19 ceasefire but the Secretary-General's Special Adviser on Myanmar, Vijay Nambiar, said it did not want renewed tensions to "undermine the overall direction of reform and transformation in the country or adversely affect the positive international atmosphere that had been generated so far."
My government will continue to do everything necessary to turn ceasefire agreements into lasting peace
Thein Sein, Myanmar President
Since coming to power in March 2011, Sein has won praise for steering the country on the path of reform, easing media restrictions, granting amnesty to political prisoners and opening up the political system to competing parties.
How committed is the government to peace?
Days after the apparent failure of the ceasefire, Sein reiterated that he wanted the fighting to stop. "I have ordered the Tatmadaw (Myanmar's military) and other relevant government agencies to seek a peaceful solution to the conflict," he told Myanmar's first Development Cooperation Forum on January 21.
He also suggested that the KIO would need "to reciprocate in a similar way."
The KIO is the only one of 10 armed ethnic groups in Myanmar that hasn't yet agreed a long-term ceasefire with the government. Talks would start soon with the other ethnic groups, Sein said, as he again extended an invitation to the KIA to join the process.
"My government will continue to do everything necessary to turn ceasefire agreements into lasting peace," he said. "It is very important to create job opportunities in order to improve socio-economic conditions of internally displaced people and ceasefire groups," he added.
How have civilians been affected by fighting?
Since June 2011, tens of thousands of Kachins have been terrorized by renewed fighting, according to HRW.
More than 90,000 people have been forced from their homes, according to the latest estimates. However, the exact number of internally displaced people -- or IDPS as they're known -- is hard to confirm because the government has limited access to the region.
The lack of access has worried aid agencies who say tens of thousands of people are being denied vital care.
"The government feels it's unsafe so they're not granting access," said Maria Guevara, Medecins San Frontiere's Humanitarian Representative for ASEAN. "We've tried to support some of the areas with drug supplies but the roads that we've used in the past are generally inaccessible, because that's where the fighting usually takes place, so it's been difficult to resupply."
She called on the government to allow humanitarian agencies "independent and neutral access" to affected areas, while Smith warned of "a looming humanitarian emergency."
What are the chances of a long-term ceasefire?
You have an entire population of ethnic Kachin who for the most part right now are very bitter towards the Burmese government
Matthew Smith, HRW consultant
There are no easy solutions to resolve the unrest in Kachin. It dates back to the early 1960s when the KIO and KIA were established to protect the interests of the Kachin people against the influence of the central government.
The KIO still has administrative control over most of Kachin State, providing schooling, teacher training colleges, a police service, a TV station, newspapers, libraries and hospitals, according to the Free Kachin Campaign website.
HRW says the latest offensive has deepened divisions between the Kachins and the government, which threatens to spill over into other ethnic groups.
"You have an entire population of ethnic Kachin who for the most part right now are very bitter towards the Burmese government and that's going to be a serious problem, not only for Kachin state but the other ethnic nationalities throughout the country right now who are negotiating peace agreements.
"They're taking all this into consideration so this could pose a serious problem for long-term peace in the country," he said.

Ref:CNN


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8 Things I Love about Living in Singapore!



[A shot with a doggie mascot as we walked down Orchard Road over the weekend]
…
One of the questions I often get from taxi drivers here in Singapore (upon hearing me speak ‘Bahasa Indonesia’ with the kids) is, ‘Oh, you’re Indonesian? How long have you been in Singapore?’
=)
Well, I have so far lived in Singapore for 12 years. Yes, TWELVE years.
Wilson and I came, worked full-time, got married, started a family, and started our business here too.
…


Some people (usually those who don’t live in Singapore) do wonder WHY we’ve lived here for THAT long.
They’d ask us things like, ‘Why did you come to Singapore in the first place anyway?’ and ‘What is it about Singapore that you like?’
[Note: I've lived in Jakarta for 14 years, in Perth for 9 years, and now in Singapore for 12 years]
And so I thought of listing down my top eight things about Singapore that make me feel comfortable about living here so far:
Here goes:
1. Convenient Transport System

Throughout the years, we’ve never had a car, and YET, we can conveniently travel from A to B!

I can go out and about on public transports, without my hubby, and just with Anya and Vai (since they’re babies). And I love this kind of ‘freedom’.
[Photo was taken in 2008, when the kids and I traveled on a public bus. Anya was 4yo and Vai was less than 2yo]
…
2. Relatively safe environment
I can walk alone, or just with the kids, to the nearby supermarket, at 10.30pm at night and NOT ‘worry’ about our safety (errr … not that we do this often =)
This, I feel, is one important factor to me as a parent of young kids, ie. I value the fact that Singapore’s crime level is low and that we can feel safe living here day to day.
(Note: It doesn’t mean we ignore ‘general precautionary measures’, ie. We do avoid going to quiet parks or alleys at night, etc)
…
3. Clean and Orderly
Of course this doesn’t mean there’s hardly any rubbish around. But really, I must say, Singapore IS a relatively clean and orderly city.
[Sentosa's Palawan Beach]

4. Easy access to the outdoors (eg. Parks and Beach)
As a parent, I feel I need to let my kids enjoy the outdoors too (ie. not always be confined within buildings). And here in Singapore, I can conveniently take the kids to parks and beaches!
Yes, the beaches may not be as nice as those in Australia, and the parks may not be within ‘walking distance’, BUT they’re all well-maintained and most of them are easily accessible by public transports. My kids can comfortably (and safely) run around and play together out in the open.
…
5. Great libraries!
Books. Lots of books. Available for all of us to borrow.
The public libraries are well-maintained (with children sections too!), and I love how they’re interconnected. This basically means, I can borrow a book from Public Library A, and return the book at Public Library B.
I can easily search and extend the deadline of my borrowed books online too (on www.pl.sg)
…
6. Clear legal system
If I were unfairly treated (eg. by a hospital), there’s an institution or a government body that I can go to that will ‘protect’ my personal interest.
And when something goes wrong (eg. when the law is broken), I can feel sure that the government or the police will look into the case.
…
7. No mosquitoes!
I know a lot about mosquito bites (since we always get LOTS of it whenever we go to Jakarta =).
So, to be able to open our windows (during the day and night!) and NOT get a bite here, … it is something which I appreciate a LOT! =)
…
8. Relatively affordable education
Primary School education here in Singapore is subsidised by the government, and there’re no ‘Entrance Fees’ like those required by schools in Indonesia (where parents need to pay more than S$1,000 per child to get him/her to any school)
Here in Singapore, although Permanent Residents pay MORE than Singapore citizens, the monthly school fee is still affordable.
(It costs less than S$40 per month for Singapore Permanent Residents. This fee however excludes any additional fees that may be incurred, like books, uniforms, fees to attend certain classes, etc).
[Singapore HDB flats. Photo taken with iphone
Having shared my personal list above, I must say that every country has its pros and cons.


There’s NO one perfect country to live in, I mean.

[eg. Singapore's 'kiasu culture', warm weather, 'expensive' daily cost of living, 'excessive' pressure on young children's academic achievements, high property and car prices, etc are some of the commonly 'less-liked' things about Singapore]
…
Well, I say … Country A may have 1, 2 and 3, … but Country B may have 4, 5 and 6 which Country A doesn’t quite have.
A particular country / environment may suit one person and yet is despised by another.
(Someone once said to us too that excessively complaining about what a particular country doesn’t have will not do any good, or change anyway!)
So.
I guess, in the end, can I say that it’s all about learning to be content in whatever situation / environment that we’re in at any particular time?
(I know. More easily said than done, huh? =)
Anyway. What say you?

Ref:blog.omy.sg
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Monday, January 21, 2013

Using nudity to battle sexual violence in Singapore

Mariam Yuan
Using nudity to battle sexual violence in Singapore
SINGAPORE: A group of Singapore female university students told Bikyanews.com in December they are planning to organize what they describe as an “explicit” nude calendar to battle against sexual violence in the Southeast Asian city-state.
The students, all between 18- and 22-years-old argued that the media is sexualizing women to a degree that men believe them to be objects for their every desire.
“So we are going to give them that, to the fullest of our ability. If they want to see a naked woman, let’s do it, but at the same time we will promote an honest debate over the role of women and sex in the region,” said Anya Xi Liu, who told Bikyanews.com that “we will have lesbian scenes, sex toy scenes. But it will also have specific messages of ending sexual violence.”
They argue that with the rise in anti-women media across the region and the increasing pornographic industry, “there needs to be a change in perception of women. If we want to show them sex, they better understand that they have to ask before touching.”
And that’s the tentative title of their calendar, which will include 24 photos of the young girls, completely nude.
“We want to make it clear that women are strong. We can be naked and still don’t want to be raped or assaulted,” interjected Claire, a British student who is joining the campaign.
Although they haven’t set a date for the calendar to be released, they admit it will likely only be on the black market at first.
“It will be too edgy for many people, who will view it as porn, but that is the point. To get people aware that we are not objects that can be pushed around. If we want to get naked, show our bodies and push a message, that is our goal,” added Liu.
It is all part of the ongoing battle against female perception vis-a-vis the pornographic industry and their use of women without considering the impact it has on the role of women and their bodies in society.
“I think this is a unique campaign and one that will shock many people, but it is needed to create a message that we are not just bodies to poke and prod,” added Liu.
Ironically, their inspiration comes from China’s Wang Li Danna, who was outed earlier this fall as a woman in a porn film. The Singapore students say that it showed them that even if a woman uses her body for her own private and business interests, they are shunned and condemned.
“But men who perform in sex tapes and porn films are praised as macho. This is wrong,” Claire argued.

                                                                   

Is Singapore anti-women

Is Singapore anti-women?

SINGAPORE: For the past few months, we have been reporting regularly on women’s rights issues, doing the best to not trivialize or sexualize women in Singapore. But continued articles published by English and Chinese language websites have continued to confound the issue.
Most recently, an article by AsiaOne.com showed how high-end restaurants, clubs and other establishments are hiring “attractive” women in the city to wear little clothes in an effort to entice customers to come by.
Short skirts, lingerie-clad hostesses are now such a commonplace in the city that few think twice about seeing a little – or a lot – of leg.
But I wonder, as a journalist, if we are doing enough to ensure that women’s voices are heard in this city and across Southeast Asia. As an Asian woman, I feel that the rise of the porn industry and the overly sexual nature of women’s reporting has left us cold to the stark realities facing us women in the is part of the world.
We are often seen and written about as submissive sexual characters who want to please men. It would appear, from the articles written about women that here in Singapore, the young women on the pages of magazines, at clubs and in the business sector, use their bodies for personal gains.
At the same time there is a failure on journalists’ part to adequately report on the positives that women are contributing to society. There are a large number of female executives here who do not resort to sex to get ahead. They are the true heroes of our supposedly progressive society. But they are left aside, in favor of the bikini, or less, adorned woman.
It is a frustrating time to live in Asia as an Asian woman. The media sees our vagina as a means of reporting. What we do with our bodies seems to always be up for discussion. In effect, it is our body that gets the attention.
When we face sexual violence, too often the media views this as a positive for the men. Women are not getting a fair shake in this regard. The media push a stereotype that views women as sex objects, for men’s pleasure and gazing. It is time to change this perspective.
If a woman has had sex, that’s great, it’s her life, but for the media to continually approach the topic of women’s issues in a manner that disregards the woman and focuses only on what she has done with her body, this begs the question: is Singapore becoming anti-women?
** This article was originally published on December 9, 2012.

Ref:Bikyanews.com
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Friday, January 18, 2013

PaperTab: Revolutionary paper tablet reveals future tablets to be thin and flexible


Intel®, Plastic Logic and Queen's University work together to revolutionize tablet computing

Cambridge, UK and Kingston, Canada - January 7, 2013 -- Watch out tablet lovers -- A flexible paper computer developed at Queen's University in collaboration with Plastic Logic and Intel Labs will revolutionize the way people work with tablets and computers. The PaperTab tablet looks and feels just like a sheet of paper. However, it is fully interactive with a flexible, high-resolution 10.7" plastic display developed by Plastic Logic, a flexible touchscreen, and powered by the second generation Intel® Core i5 processor. Instead of using several apps or windows on a single display, users have ten or more interactive displays or "papertabs": one per app in use.

Ryan Brotman, research scientist at Intel elaborates "We are actively exploring disruptive user experiences. the 'PaperTab' project, developed by the Human Media Lab at Queen's University and Plastic Logic, demonstrates innovative interactions powered by Intel core processors that could potentially delight tablet users in the future."

"Using several PaperTabs makes it much easier to work with multiple documents," says Roel Vertegaal, director of Queen's University's Human Media Lab. "Within five to ten years, most computers, from ultra-notebooks to tablets, will look and feel just like these sheets of printed color paper."

"Plastic Logic's flexible plastic displays are completely transformational in terms of product interaction. they allow a natural human interaction with electronic paper, being lighter, thinner and more robust compared with today's standard glass-based displays. this is just one example of the innovative revolutionary design approaches enabled by flexible displays." explains Indro Mukerjee, CEO of Plastic Logic.

For more info, see http://www.humanmedialab.org/papertab and come see it at CES 2013 in Las Vegas.


PaperTab: Revolutionary paper tablet reveals future tablets to be thin and flexible
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GravityLight: lighting for developing countries.

We have developed a realistic alternative to Kerosene lamps by harnessing the power of gravity. We need your help to make it happen.







help us
GravityLight is a revolutionary new approach to storing energy and creating illumination. It takes only 3 seconds to lift the weight which powers GravityLight, creating 30 minutes of light on its descent. For free.
Following the initial inspiration of using gravity, and years of perspiration, we have refined the design and it is now ready for production. We need your help to fund the tooling, manufacture and distribution of at least 1000 gravity powered lights. We will gift them to villagers in both Africa and India to use regularly. The follow-up research will tell us how well the lights met their needs, and enable us to refine the design for a more efficient MK2 version. Once we have proved the design, we will be looking to link with NGOs and partners to distribute it as widely as possible. When mass produced the target cost for this light is less than $5.

Why GravityLight?

Did you know that there are currently over 1.5 billion people in the World who have no reliable access to mains electricity? These people rely, instead, on biomass fuels (mostly kerosene) for lighting once the sun goes down.
Lift the weight and let gravity do the rest.Lift the weight and let gravity do the rest.
The World Bank estimates that, as a result, 780 million women and children inhale smoke which is equivalent to smoking 2 packets of cigarettes every day. 60% of adult, female lung-cancer victims in developing nations are non-smokers. The fumes also cause eye infections and cataracts, but burning kerosene is also more immediately dangerous: 2.5 million people a year, in India alone, suffer severe burns from overturned kerosene lamps. Burning Kerosene also comes with a financial burden: kerosene for lighting ALONE can consume 10 to 20% of a household's income. This burden traps people in a permanent state of subsistence living, buying cupfuls of fuel for their daily needs, as and when they can.
The burning of Kerosene for lighting also produces 244 million tonnes of Carbon Dioxide annually.
Our final prototype with ballast bag and bits.
GravityLight vs Solar powered lighting.
A commonly held view is that solar powered lighting is the answer to these problems in the developing world. However a number of conflicting factors combine to complicate matters. Solar panels produce electricity only when the sun shines, so the energy needs to be stored in a battery to produce the light when it becomes dark. The amount of energy stored is dependant on the size of the panel, the size of the battery, and how much (if any) sun has shone.
However batteries, panels and lights are expensive, and beyond the reach of people with no savings. Solar lighting projects continue to provide lighting for thousands of people in the developing world, but the spread is slow because the cost is too high for individuals, so they need to be bought and installed by communities instead.

LED bulbs do not attract mosquitos like conventional bulbs.
Lower cost self-contained lamps are becoming more widely available, but batteries are the weak link, because they are expensive and deteriorate through use and over time. Very often, when buying a low cost solar lamp with an inbuilt rechargeable battery, a full third of what you're paying for is the battery, and you will need to replace it every few years. Assuming you can get a new battery... The capacity is often reduced to save money which limits the use time, after which there is no light.
With GravityLight, however, it only takes a few seconds to lift the weight, which creates enough energy for half an an hour of light, whenever it is needed. It has no batteries to run out, replace or dispose of. It is completely clean and green.
Because there are no running costs after the initial low cost purchase, it has the potential to lift people out of poverty, allowing them to use the money they have saved to buy more powerful solar lighting systems in the future.
Where will you use yours?

Hang it in the shed or make it into a great porch light, you can clip on a hanging basket or anything weighing about 20lbs.

No batteries to drain or replace.
Credentials
We are Martin Riddiford and Jim Reeves, London based designers who have spent 4 years developing GravityLight as an off-line project. We work for therefore.com, which has over 20 years of experience in designing and developing hand held computing and communication products for a host of pioneers including Psion, Toshiba, NEC, TomTom, Inmarsat, ICO, Sepura, Racal Acoustics, Voller Energy, FreePlay and SolarAid.
We’re using a tried and tested manufacturer who has the right expertise to make GravityLight. We have some links to partner organisations in Africa and need to do the same for India. If you're part of an organisation and would like to get involved then please contact us. We are particularly looking for contacts in South America.
Visit our skunk-works website here www.deciwatt.org.
Our movie soundtrack kindly created by Belinda from the bush the tree and me.
Check out John Keane's great Solar For Africa blog.
Ref:indiegogo
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Thursday, January 17, 2013

Myanmar Trademark And Patent Law Firm


Design

There is no practical position of protecting patents and design per se in Myanmar although there has been the Science and Technology Development Law since 1994. The Ministry of Science and Technology was newly established in Myanmar as the focal point ministry, but, till now, there has not yet been Myanmar Patent Office.

At the present, the Office of the Attorney-General is drafting the bills on the IP laws in compliance with the TRIPS Agreement due to the fact that Myanmar is a member of WTO, ASEAN, and at the latest, WIPO in 2001.

In this interim period, design may be registered under section 18(f) of the Registration Act. A design may be registered with the Registry of Deeds and Assurances by means of declaration which is a solemn statement of facts made by the patent owner. Publication of cautionary notice in a local designated newspaper based on registration is the sole process to remind the public for any possible passing-off and infringement of the right of design ownership during the period of lack of promulgated law, rules and regulations involved.

Patent and Trademark Law and Practice in Myanmar
    • Myanmar does not have any Patent or Trademark Law and protection for Trademarks is by way of Common Law. A Declaration of Ownership of the Trademark or for a Patent has to be registered with the Registrar of deeds in Myanmar and necessary fee for Registration and stamp duty paid, subsequently a Trademark Caution Notice has to be filed in a leading Newspaper in Myanmar. We can draft a Caution Notice for each Mark covering all the Classes for the goods you want protection for publication in Myanmar on your behalf. A SAMPLE OF THE Caution notice drafted by us and published in a leading Newspaper in Myanmar

Myanmar trademark and patent law(21 texts)


Laws

Implementing Rules/Regulations

Pending IP legislations

Treaty Membership

Relevant links
Myanmar Trademark Registration
Our Trademark Attorneys in Myanmar will process your trademark registration in Myanmar through the steps below. Please notice that each step can be requested independently:
Trademark Comprehensive StudyStep 1. Trademark Comprehensive Study:
Trademark search report with Attorney's analysis about registration probabilities in Myanmar. This report is optional but highly recommended.
Myanmar Trademark Search Report Prices
Trademark Registration RequestStep 2. Trademark Registration Request:
Our Trademark Attorneys will file and process your trademark application before the Trademark Office in Myanmar.
Myanmar Trademark Registration Request Prices

The Role of Trademarks in Myanmar:
A Glance at the Trademark Registration System of Myanmar

Introduction

In this highly competitive era, Intellectual Property (“IP”) becomes one of the engines that influences and drives the national economy. Being one of the commercial ironies, legal monopoly characterizing ownership of Intellectual Property is typically a statutory right in the commercial practices. Intellectual Property Rights (“IPRs”) such as copyright and related rights, trademarks, geographical indications, patents, layout-designs of integrated circuits and industrial designs are protected. The protection of IPRs is meant for the following purposes:
1.To encourage and reward creative works;

2.To provide incentive for technological innovations;

3.To stimulate and ensure fair competition among producers;

4.To protect consumers by enabling them to make informed choices between various goods and services; and

5.To facilitate the transfer of technology in the form of foreign direct investment, joint ventures and licensing.

Under art 15.1 of the Trade Related Aspects of Intellectual Property Rights (“TRIPS”) Agreement of the World Trade Organization (“WTO”), “trademark” is defined as “any sign, or any combination of signs, capable of distinguishing the goods and services of one ‘undertaking’ from those of other undertakings must be eligible for trademark protection”. These signs could be words including personal names, letters, numerals, figurative elements and combination of colors as well as any combination of signs. There is no limitation on the type of signs that can constitute trademarks. The emphasis is on distinctiveness. While typically most trademarks are word marks or logos, there have also been registrations of shapes and colors and some countries have allowed the registration of sounds and, more recently, smells.

Furthermore, art 16.1 of the TRIPS Agreement provides that “the owner of a registered trademark shall have the exclusive right to prevent all third parties not having the owner’s consent from using in the course of trade identical or similar signs for goods or services identical or similar to these in respect of which the trademark is registered where such use would result in a likelihood of confusion”.

The trademark registration system is necessary to protect producers from unfair competition from other producers seeking to free ride on the goodwill earned by the trademark owner. Trademarks, therefore, help consumers to reliably identify and purchase a product or service which they prefer because of its nature, quality or other characteristic that consumers have come to expect on the basis of previous purchases or advertising. Hence, trademarks protect an undertaking as well as the consumers against confusion and deceptive practices.

International and Regional Efforts towards IPRs

With the goal to reduce distortions and impediments to international trade, to promote effective and adequate protection of IPRs, and to ensure that measures and procedures to enforce IPRs do not themselves become barriers to legitimate trade, the Agreement on TRIPS becomes an Annex 1 C of the WTO Agreement of 15 April 1994, which is entered into force on 1 January 1995.1 The TRIPS Agreement is an integral Part of the WTO Agreement,2 and is binding on each member of the WTO from the date the WTO Agreement becomes effective for it. However, it gave original members transitional periods which differ according to their stages of development, to bring themselves into compliance with its rules.

To facilitate the implementation of the TRIPS Agreement, the WTO concluded with WIPO an agreement (“Agreement”) on co-operation between the two organisations in 1994, which came into force on 1 January 1996. The Agreement provides for co-operation in three main areas, namely: (i) notification of, access to and translation of national laws and regulations; (ii) implementation of procedures for the protection of national emblems; and (iii) technical co-operation.

Similarly, the Association of Southeast Asian Nations (“ASEAN”) is fully aware of the crucial role of IP and IPRs in social, economic and technological progress, and hence in broad-based development and poverty reduction within the region. The ASEAN Framework Agreement on Intellectual Property Cooperation was signed in Thailand on 15 December 1995 and the ASEAN IPR Action Plan 2004-2010 was designed to build on the progress which has been achieved in collaboration among ASEAN governments, ASEAN dialogue partner countries and institutions, and civil society organisations.

There are several successful outcomes. One of these outcomes is that the Experts Group on Trademark has finalized the ASEAN Filing Form for Trademarks and the Notes for the Completion of the Application.3 Despite its inherent complexities, member countries have continued their efforts in the harmonization of the trademark filing requirements. This is a process of significant importance towards the establishment of a regional filing system.

Member countries have also made substantive progress in ensuring the conformance of their IP legislations to the TRIPS Agreement. Concerted efforts have also been made to better monitor, enforce and prosecute IPR infringements. ASEAN continues its active co-operation in the IP sector with the Dialogue Partners, donor countries and agencies and private sector organisations.4

Current Status of IPRs in Myanmar

The legal system of Myanmar isaunique one because it is based on the Common Law Legal System and various customary laws of the land. Several Laws were enacted during the colonial period in the early 19th century, including the Copyright Act and Myanmar Patents and Design (Emergency Provision Act) for the protection of IPRs. At present, among the existing relevant laws that can be enforced on IPRs are the laws dealing with both criminal and civil action which are as follows:
•The Code of Civil Procedure (1808)

•The Myanmar Penal Code of 1860 (Indian Act XLV. 1860)

•The Myanmar Merchandise Marks Act (1889)

•The Code of Criminal Procedure (1898)

•The Registration Act No. 16 of 1908 on basic registration system for trade marks (1908)

•The Copyright Act of 1911 (1914)

•The Land Customs Act (1924)

•The Specific Relief Act 1877, as last amended up to Act No. 3 of 1954 (1958)

•The Sea Customs Act No. 8 of 1878, as amended up to Act 1962 (1962)

•The National Drug Law No. 7 of October 30, 1992 (1992)

•Science and Technology Development Law No. 5 of June 7, 1994 (1994)

•The Computer Science Development Law No. 10 of September 20, 1996 (1996)

•The Traditional Drug Law No. 7 of July 7, 1996 (1996)

•The Television and Video Law No. 8 of 1996 (1996)

•The National Food Law, No. 5 of March 3, 1997 (1997)

•The Protection and Preservation of Cultural Heritage Regions Law No. 9 of September 10, 1998 (1998)

•Electronic Transactions Laws (2004)

The Republic of the Union of Myanmar, being a founding member of the WTO, became an ipso factomember of the TRIPS Agreement. Likewise, Myanmar is a Member of WIPO and ASEAN. Being a member state, Myanmar is now endeavoring in drafting IP Laws in accordance with the TRIPS Agreement by the Office of the Attorney-General with the co-operation of the ministries concerned and experts from various sectors and thus, the new IPRs Laws will be promulgated in the near future. It is also a transition period to set up IP Offices in Myanmar.

Under the WIPO and WTO Joint Initiative on Technical Cooperation for Least-Developed Countries,5 WIPO not only offered Myanmar IP Lawyers passage to Geneva for discussion on the IP related laws but also sent an expert mission for IP legislative advices on the drafted Myanmar IP laws. To date, six IP related Seminars were already held in Myanmar as follows:
1.WIPO National Seminar on Trademark and Franchising (March 2011).

2.WIPO National Seminar on Intellectual Property (May 2010).

3.WIPO National Seminar on the Role of the Copyright System in Promoting the Publishing Industry (Sep 1 to Sep 3, 2008).

4.National Seminar on Copyright and Related Rights in the Creative Industries (May 16 to May 17, 2006).

5.WIPO National Workshop on the Implementation of the Agreement on Trade-Related Aspects of Intellectual Property Rights (the TRIPS Agreement) (Jun 28 to Jun 29, 2004).

6.WIPO National Seminar on Intellectual Property (Oct 22 to Oct 23, 1997).

The Role of Trademarks in Myanmar

It can be said that there is still neither particular statute nor law on trademark nor specific provision regarding registration of trademark in Myanmar today. However, the Penal Code6 defines trademark as “A mark used for denoting that goods are the manufacture on merchandise of a particular person”. Likewise, the Private Industrial Enterprise Law provides that “the business is not allowed to distribute or sell his goods without trademark”. Trademarks may be registered under the s 18(f) of the Registration Act, by means of a declaration of each trade mark but trademark registration is not compulsory.

Although the mere fact of registration is not conclusive proof of the ownership or user of the trademark, it may be prima-facieevidence of ownership or user and the ability to produce a registered document may be of some help in a criminal or civil proceeding. The term “prior in use” prevails the registration status according to the case Law of Myanmar. Therefore, in order to obtain exclusive right of the trademark owner and protect their trademark rights, specific trademark registration system is needed in practice as one of the current issues in Myanmar.

The Trademark Registration System of Myanmar

A trademark or service mark can be registered at the Township Offices of the Settlements and Land Records Department under the Ministry of Agriculture and Irrigation throughout Myanmar. Generally, it is based on the place of origin of a product. For example, if a product is produced in Thanlyin Township of Yangon Region, trademark registration should be taken place at Thanlyin Township Office of Yangon Region. However, in such a case that this trademark owner registers a trademark in another township, the Registry Officer shall make an enquiry to the place of origin of that product in order to make sure that there is no objection on this trademark registration and is not used for counterfeiting activities.

For an applicant to be eligibleto apply for a trademark or service mark, the applicant must satisfy the following requirements: an applicant and/or agent should be a Myanmar nationality; an applicant must be an inventor or a juridical person with contact address within the Republic of the Union of Myanmar; and foreign trademark owners can also apply through its Myanmar agent. Therefore, a foreign trademark owner must appoint an agent to act on behalf of him by means of a Special Power of Attorney.

The documents that are to be submitted for filing an application for the trademark registration are the:
1.Declaration of Ownership of Trademark (“DOT”) executed by the applicant (for new trademark); and

2.any Declaration which was previously registered in Myanmar prior to this registration.

These documents must be attached with copies of Special Power of Attorney executed by the applicant. The registration process can take place from one day (if documents are in order) to a month (if there are additional requirements). The declaration shall contain the name of the company, individual or firm represented in a special or particular manner and the signature of the applicant for registration. A trademark should have one or more created words and may be registered in respect of particular goods or classes of goods.

Registry officers can refuse the application for registration if the mark is likely to be objectionable on moral or legal grounds, or likely to hurt the religious susceptibilities of any class of citizens of Myanmar. Application for registration should also be refused where, for example, if the document is used as an instrument of fraud or is obscure. Imitation of a currency note should also be refused for registration.

The Registration is usually followed by an advertisement or announcement in the daily newspaper, usually stating that any fraudulent limitation or unauthorised use of or infringement of the said trademark shall be dealt with accordingly.Figure 1: An Example of Cautionary Notice
(in English)


Validity period of trademark registration is not prescribed by existing Myanmar laws. However, as per current well-established practice, a trademark is to be renewed in one of these three options:
1.By re-registration once every three years after first registration; or

2.By republication once every three years after first publication; or

3.By the way of both re-registration and re-publication aiming at preventing against the possible infringers and showing his constant interest upon the mark.

Besides, if there were any material changes such as proprietor’s name, device, address or covered goods or services to the registered mark, it used to be registered as a fresh trademark
.
Trademark search is a preliminary status of the trademark registration process. In Myanmar, however, an official trademark search facility has not been established yet. The proposed trademark owner conducts a private search, mostly in newspapers. Assignment of the trademark rights from original proprietor as an assignment to another person as an assignee could be lawfully done under s 18 (d) of the Registration Act.

Settlement on Infringement Cases

There are isolated provisions in various statutes, which are related to trademark. Currently, IPRs infringement cases are handled by the Township/District/State or Regional Courts and the Supreme Court. Disputations are amicably solved by negotiations or conciliations and with the intervention of a third party which may sometimes take place.

Under the Specific Relief Act, any person entitled to any rights as to any property, including intellectual property, may institute a suit against any person denying, or interested to deny, his title to such right. The Court may in its discretion make therein, a declaration that he is so entitled. In addition, the plaintiff, under the said Act, may also claim a decree for a perpetual injunction.

An action for infringement of the trademark is maintained by means of a civil suit under the “Specific Relief Act” that authorises the Court of Law to grant a perpetual injunction against the infringer. In addition to the civil litigation, counterfeiting a trademark and selling goods with counterfeit trademark are punishable criminal action under the Penal Code. Punishments range from fine to three years imprisonment added with a court order of seizure and destruction of infringing articles and goods. Further, the Penal Code enforcement actions of trademark infringement cases are handled by the Myanmar Merchandise Act and the Sea Customs Act respectively. The Myanmar Merchandise Marks Act supplements relevant provision in the Penal Code which prescribes penalty for applying a false trade description. In particular, penalties for selling goods to which a false trade description is applied and unintentional contravention of the law relating to marks and descriptions are prescribed in ss 7 and 8, respectively. Section 15 of the said Act provides that no prosecution shall commence after the expiration of three years next after the commission of the offence, or one year after the first discovery thereof by the prosecutor, whichever expiration first happens. The “Sea Customs Act” prohibits export or import by land or sea of goods having applied a counterfeit trademark.

In the settlement of disputes relating to IP infringements, the Civil Procedure Code plays an important role in Myanmar. Under the said Code, there are some effective procedures for the right decision and speedy disposal of the suits. Under the Civil Procedure Code, every allegation of fact in the plaint, if it is not denied specifically or by necessary implication, or stated not to be admitted, in the written statement of the defendant, shall be deemed to be admitted, except as against a person under disability.

Conclusion

The legal environment plays a crucial role on a macro level for the implementation of the TRIPS Agreement and protection of IPRs. In the developing and least-developed countries, it is generally not easy in practice to implement the minimum standards of the TRIPS Agreement in the national legislation. In this regard, experience and expertise as well as technical assistance are essential. As a signatory member of International Agreements and Treatises, Myanmar needs to enhance its IP regime by promulgating and implementing the IP Laws in accordance with the TRIPS Agreement to develop national economy and then, comply with the transparency obligation by notifying its laws and regulations according to art 63.2 of the TRIPS Agreement. At the same time, it is important to subject these laws, rules and regulations for periodic review in order to improve and align them in accordance with the needs of Myanmar in a rapidly changing global trend.

With a longer transition period for LDCs, Myanmar should take this opportunity to enhance technical co-operation, capacity building and education for its competent authorities through the co-operation of developed country members, international organisations such as the WTO, WIPO and regional organisations such as ASEAN.

Finally, with the provision of the technical and logistical assistance from the WTO, WIPO and other relevant international and regional organisations in the drafting process of IP legislative instrument, it is expected that IP laws would be promulgated soon in compliance with current international legal norms and principles in every aspect while keeping yet its own characteristics of Myanmar’s legal system.

► Shwe Zin Ko
Directorate of Trade
Ministry of Commerce
Myanmar
E-mail: shiroiyurn@gmail.com

References

1Agreement on Trade-related Aspects of Intellectual Property Rights. Annex 1 C. Retrieved August 24, 2011, from http://www.wto.org/english/docs_e/legal_e/legal_e.htm#TRIPs
2Hairani Saban Hardjoe. Class lectures of Intellectual Property – Systems, Governance & Management. 13-17 June 2011. Yangon, Myanmar
3Kyay Hmone Daily Newspaper.
4Professor Kyi Thwin, Ministry of Science and Technology. Retrieved August 24 2011, fromhttp://www.wipo.int/edocs/mdocs/aspac/en/wipo_inn_tyo_09/wipo_inn_tyo_09_ref_myanmar.pdf
5The Association of Southeast Asian Nations. Retrieved August 24 2011, from http://www.asean.org/19084.htm
6World Intellectual Property Organization. Retrieved August 23 2011, from http://www.wipo.int/treaties/en/Remarks.jsp?cnty_id=111C
7World Intellectual Property Organization. Retrieved August 24 2011, from http://www.wipo.int/wipolex/en/details.jsp?id=6180
8World Intellectual Property Organization. Retrieved August 25 2011, from http://www.wipo.int/wipolex/en/details.jsp?id=6176
9World Trade Organization. Course Modules of trade-related aspects of intellectual property rights.

Notes

1 First, the TRIPS Agreement sets the standards by requiring compliance with the substantive obligations of the main conventions of the WIPO, the Paris Convention and the Berne Convention in their most recent versions. With the exception of the provisions of the Berne Convention on moral rights, all the main substantive provisions of these two conventions are incorporated by reference and thus come obligations under the TRIPS Agreement between members.
2 Part I of the TRPS Agreement sets out general provisions and basic principles of the Agreement, such as national treatment and most-favoured-nation treatment, and exhaustion of IPRs. Part II of the Agreement sets out the minimum standards of intellectual property protection to be provided by each Member. It covers trademarks including service marks. Part III of this Agreement deals with domestic procedures and remedies for the enforcement of IPRs. Part IV of the Agreement contains general rules on procedures related to the acquisition and maintenance of IPRs. Part V of the Agreement deals with dispute prevention and settlement. Part VI of the Agreement contains provisions on transitional periods, transfer of technology and technical co-operation. Part VII deals with institutional arrangements and certain cross-cutting matters such as the protection of existing subject matter.
3 Including list of ethnic goods and services, represent important steps forward in the regional co-operation in IP. These achievements, together with the completed ASEAN Common Form and the consolidated ASEAN.
4 Including the ASEAN Intellectual Property Association, the International Trademark Association, Office for Harmonization in the Internal Market (“OHIM”), WIPO, Australia, EU, and Japan Patent Office.
5 The WIPO and WTO Joint Initiative on Technical Cooperation for Least-Developed Countries was launched in 2001 with the aim of helping LDC Members of the WTO comply with their obligations under the TRIPS Agreement and make best use of the intellectual property system for their economic, social and cultural development. It is open to other LDCs as well.
6 The Penal Code of Myanmar also known as Indian Penal Code (Act XLV. 1860, published on 1st May 1861) because the 1860 Indian Penal Code was inherited in Myanmar when Myanmar was part of India.

http://www.lawgazette.com.sg/2012-01/305.htm

Trademark Registration

Current position : Service >> Trademark Registration

Myanmar Trademark Registration Costs and Registration Procedures
Myanmar Trademark Registration Costs and Registration Procedures
Myanmar Trademark Registration Fees
Step 1: Pre-filing Search
USD
One Class
330
Per Additional Class
330
Delivery: 10 working days; Search report delivered by email.
Step 2: Trademark Registration Request
USD
Registration up to 3 classes
825
4th class
500
Step 3: No Trademark Certificate will be issue in Myanmar but registered documents
USD
Registered documents
200
Fees: The fees stated above are applicable to both domestic and foreign applicants. Fees do not cover delivery fee.
Search report will be sent by email; certificate will be sent by registered mail.
Example 1: If you want to apply to have your trademark "ABC" registered in Class 7 (machines and machine tools etc), that is, one mark one class, the total fees for both trademark pre-filing search and registration request and certificate are:
Search: USD330
Request for registration: USD825
Register Documents: USD200
TOTAL: USD1,355.00
Example 2 : If you want to apply to have your trademarks "ABC" and "DEF" registered in Class 7 (machines and machine tools etc), that is, two marks one class, the total fees for both trademark pre-filing searches and registration requests and certificates are:
Search: USD660
Request for registration: USD1325
Register Documents: USD200
TOTAL: USD2,125.00
Documents and Information Required for Filing
Documents required at the filing
  1. Power of Attorney must be notarized and endorsed by the Myanmar Embassy in applicant’s domiciled country (facsimile copy accepted at filing, original one must be submitted within 3 months).
  2. A certified copy of the document certifying the lawful business (business license or certificate of business registration, etc.), if it is an individual
  3. A clear black and white presentation of the trademark which can be photocopied and must not exceed 8 centimeters either in length or in width. If the representation of trademark is in color please provide 20 color prints.
  4. Where registration of a collective mark is applied for, a certified copy of the regulation governing to be required
Additional Documents for Claiming a Convention Priority
  1. If the Applicant wishes to claim a priority date for the filing of the application based on a prior application in a Convention country, a certified copy of the application filed in the Convention country is required, or.
  2. A certified copy of Certificate of Exhibition in respect of goods and/or services bearing the claimed mark.
    Time of filing: within three (3) months from the filing date
Information required
  1. Full name and registered address of the applicant.
  2. Description of the mark.
  3. Translation of the word mark into English, if the mark is in a language other than English or French.
  4. Goods and/or services of immediate interest to clients, i.e. goods and/or services on which the application is being/to be applied, will follow the International Nice Classification System.
Step by Step Registration Procedures:
Step 1: Clients send to Kaizen (by email or fax or post) a specimen of the trademark, a detailed list of products or/and services to be covered by the trademark and at the same time make payment for the pre-filing search to Kaizen by remittance or check (payment method);
Step 2: Kaizen conduct the pre-filing search and prepare search report and email the search reports to clients;
Step 3: (If the search results indicate that the application is likely to be accepted and clients decide to proceed) Clients send us the photocopy of identity proof (passport copy for individual and Certificate of Incorporation or Business Registration Licence for corporation) and at the same time make payment for the filing of application to Kaizen by remittance or check;
Step 4: Kaizen prepare the registration application forms and Power of Attorney (PoA) and deliver them to clients for execution;
Step 5: Clients sign the Power of Attorney and arrange to have it notarised by a Notary Public;
Step 6: Clients send the duly executed PoA and registration forms back to us by post of courier (please note original copy of Power of Attorney is required by the purpose of filing);
Step 7: Kaizen submit the application documents to the Myanmar Trademark Office;
Step 8: The Myanmar Trademark Office perform examination and other procedures; if no objection received, the Myanmar Trademark Office then register your Trademark in their database. (kindly note that there will be NO Trademark Certificate issue from Myanmar Trademark Office).
Step 9: Kaizen forward the registered documents to clients ?extra courier charges will be involved
Time Scale

Currently it is taking approximately 3 to 6 months to get a trademark in Myanmar.
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