STRENGTHENING INTELLECTUAL PROPERTY ENFORCEMENT FOR MSMES: THE ROLE OF MYANMAR'S INTELLECTUAL PROPERTY COURTS

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Abstract
  • Myanmar has enacted essential intellectual property (IP) legislation, comprising the Industrial Design Law, the Trademark Law, the Patent Law, and the Copyright Law. Notwithstanding these developments, the efficient execution and enforcement of these laws continue to pose challenges. Enforcement mechanisms in Myanmar comprise civil and criminal actions against intellectual property infringements, as well as border enforcement to mitigate counterfeit goods. Furthermore, court-facilitated mediation provides a time-efficient and economical method for settling intellectual property conflicts. This article seeks to assess the efficacy of Myanmar's intellectual property laws and enforcement procedures via IP Courts, with specific emphasis on their influence on Micro, Small, and Medium Enterprises (MSMEs). It examines the efficacy of these laws in fostering innovation and competitiveness among MSMEs and evaluates the impact of specialized IP courts on enhancing IP enforcement. The study uses qualitative research approach. The study aims to pinpoint deficiencies and obstacles in existing enforcement techniques, evaluate the influence of specialist IP courts on judicial efficiency, and provide recommendations for enhancing IP enforcement procedures. This study will provide significant recommendations for policymakers and practitioners regarding the improvement of intellectual property protection and enforcement. Furthermore, it will establish a basis for subsequent study on the convergence of intellectual property law, economic development, and support for micro, small, and medium enterprises, potentially impacting the formulation and implementation of intellectual property policies in analogous situations.
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  • 10. Ei Ei Thae (109-124).pdf
Year
  • 2026
Author
  • Ei Ei Thae1
Subject
  • Law, Library and Information Studies, Archaeology, Anthropology, Language and Linguistics
Publisher
  • Myanmar Academy of Arts and Science (MAAS)

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