By Geetha Kandiah   

The above is one of the questions we are frequently asked by clients. With Myanmar enacting and enforcing a new Patent Act, what then is the purpose of all the Cautionary Notices that were filed in the past years by patent owners? 

All monies spent by patent owners on past Cautionary Notices -what value do they derive? Are they a waste of funds? 

Prior to the enactment of Myanmar’s new Patent Law, patent protection was primarily achieved through the registration of a Declaration of Ownership with the Office of the Registration of Deeds. To assert their rights and deter potential infringers, patent owners often published Cautionary Notices in local newspapers. These notices served as public declarations of ownership, warning against unauthorized use and potential infringement. 

With the introduction of the new Patent Law, a more formal and structured system for patent registration and enforcement has been established. This system is hamornised with patent law around the world, and includes substantive examination of patent applications, granting exclusive rights to inventors, and providing clear legal avenues for addressing infringements. 

Cautionary Notices filed in the past retain their significance to the extent that they serve as evidence of prior use and ownership. Owners of the inventions cannot initiate patent infringement action based on Cautionary Notices filed as these Notices do not award patent rights to the owners.  

For that purpose and intention, one needs to rely on the new Patent Law which provides a more robust framework for patent protection and enforcement, the Cautionary Notices filed in previous years continue to play a vital role in asserting ownership and deterring infringement in Myanmar. 

Our advice to inventors seeking protection in Myanmar is to ensure all improvements are filed for patent protection in Myanmar, through their new Act. More on the process, timeline and fees for patent protection in Myanmar can be found here: https://kass.asia/understanding-myanmar-patent-registration/