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Constructive Research On The Upcoming Myanmar's New IP Laws:Taking Lessons From China

Posted on:2019-06-08Degree:MasterType:Thesis
Country:ChinaCandidate:ZOKE HTUNFull Text:PDF
GTID:2416330548951750Subject:legal
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Along with the emerging of globalization effect and benefit,Myanmar has started to open the door to the world with the hope of building sustainable economic development since 2010.Many international capital holders were intentionally put their selves in and glimpsed around the untouched market places.But unexpectedly obstacles were awaited them.Among other things,Intellectual Property Protection is also being one of the most challenges that Myanmar needs to overcome as possible as on time.The reason is that,technically,Myanmar does have IP Laws and related ones except Trademark matter,but even the last enacted one is already over 70 years old to date.This thesis aims to figure out the following points;(a)To understand the current situation of IPR system and its administration and identify the challenges in China as well as to confirm the progress of IPR system development.(b)To collect and sort out information on the current state and the situation at the time of establishment of IP administrative organizations in China and extract applicable cases for Myanmar.(c)To suggest the probability measures what Myanmar shall construct ahead to secure IPR protection environment such as establishment of related IPR Offices and specialized IP Courts,public education and information herbs in the country.The main contents of thesis as grouped in Chapter I to VI are summarized from below-Chapter I to VI.Chapter I-describe the brief introduction to Myanmar previous legal system of IP Protection,about existing laws,comparison to international standards and current IP issues in Myanmar.Chapter II-summarize the structure of institutional framework such as introduction of legal system,IP judicial system and courts,IPR protection system and public education process of China.Chapter III-overview the fundamental features of Patent law of China such as procedures,enforcement issues and challenges,and the role of State Intellectual Property Office of China.Chapter IV-overview the fundamental features of Trademark Law of China such as disputes between domestic company and international entity,proceedings and challenges,and protection system of Geographic Indications and the role of State Administration of Industry&Commerce(SAIC)of China.Chapter V-overview the fundamental features of Copyright Law of China such as infringement cases,definitions and rights,enforcement and achievements,and the role of National Copyright Administration of China.Chapter VI-conclude and recommend to Myanmar for general establishment of IPR environment and favorable protection system.Indeed,the People's Republic of China,awakening dragon and the world second largest economic tycoon,will not be 100%matured yet in the field of IPR protection just within over two decades and yet many challenges are also demanding to improve in various sectors of her societies.But for sure,she is continuously proven to the global societies with her incredible developments in amending the respected laws and systems including institutional transformation along with tens and thousands of dispute instances.From this point of view,I have taken the valuable experiences from China,in this paper,to recommend to able to get useful even in a part of building the IPR environment in Myanmar.Of course,IP drafted laws are soon to be enacted in Myanmar in this year,2018.
Keywords/Search Tags:Constructive
PDF Full Text Request
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