Presentation of WIPO National Seminar,Traders Hotel,Yangon,Myanmar,13th-14th December 2010.

1. National Seminar on Trademarks and The Franchising Sector. 13th and 14th December,2010 Traders Hotel Yangon Union of Myanmar Cooperation with: Organized by: Copyright Notice © 2010 All rights reserved

2. The Current Trademark Administration System and the Franchising Sector in Myanmar.. Min Tayza Nyunt Tin Managing Partner, U Nyunt Tin Associates. Councillor, Asean Intellectual Property Association. Member, Licensing Executive Society (Pan Asia Group). Copyright Notice © 2010 All rights reserved

3. Are you Stepping into IP Regime : Yes or No Why Yes Why NO Coz we are Human being . . Copyright Notice © 2010 All rights reserved

5. Intellect/Brain/Concept/Idea/Innovation/CreationDaily lively hood . . . . . . Without intellectual property and Its enforcement . . . . . . . . . . ? Copyright Notice © 2010 All rights reserved

7. Dignity of the Nation.

8. Economic driving forces for MACRO Economic.

9. Respect for Human Rights.Copyright Notice © 2010 All rights reserved

10. What is Intellectual Property Rights ? Reserved by : Copyright Notice © 2010 All rights reserved

11. What is Trademark : It's "a word, phrase, symbol or design, or a combination of words, phrases, symbols or designs, that identifies and distinguishes the source of the goods of one party from those of others. Copyright Notice © 2010 All rights reserved

12. Myanmar and Its IPRs: Are there any IPRs specific Laws in Myanmar ? NO So, IP owners can not protect their rights in Myanmar ? NO, obviously No Copyright Notice © 2010 All rights reserved

16. Myanmar Penal Code(1861)

17. The Specific Relief Act(1877)

18. The Sea Custom Act(1878)Copyright Notice © 2010 All rights reserved

20. Specific Relief Act (1877)

21. Myanmar Copyright Act (1914)

22. The Television and Video Law (1996)

23. The Computer Science Development LawCopyright Notice © 2010 All rights reserved

26. Some Interesting Myanmar Registered Trademarks: Copyright Notice © 2010 All rights reserved

31. For Local Trademark:

32. For International Trademark:Copyright Notice © 2010 All rights reserved

34. Dynamic of IP

35. Not like Penal Code

36. Not like Criminal Procedure Not like Civil procedure.

37. So, our draft IP laws have to > > > > > > > > > > > >revised with current legal and business trend. Copyright Notice © 2010 All rights reserved

39. Counterfeiting

40. Parallel importation.Copyright Notice © 2010 All rights reserved

42. Passing off.

43. Tort.

44. Parallel importation.

45. Perpetual Injunction.

46. Compensation for Damages.Copyright Notice © 2010 All rights reserved

48. 482( 1 year imprisonment or fine or both )

49. Counterfeiting a trademark or property mark:

50. 483( 1 year imprisonment, fine or both )

51. Making or procession of instrument:

52. 485( 3 year imprisonment ,fine or both)Copyright Notice © 2010 All rights reserved

55. that other wise he had acted innocently:

56. (1) year Imprisonment , fine or both.Copyright Notice © 2010 All rights reserved

60. Literature:

61. Artist work:

63. Manual

64. Teaching Material

65. Forms

66. Promotional and advertising material.Copyright Notice © 2010 All rights reserved

68. Database

69. Awareness

70. Mindset

71. IntegrationCopyright Notice © 2010 All rights reserved

73. IPRs public awareness

74. IPRs national treatment (TRIPs Article :3)

75. Art: 65-66 : No grace period , No exception)Copyright Notice © 2010 All rights reserved

76. Aim and Objective of Franchising: Copyright Notice © 2010 All rights reserved

77. Importunateness of IPRs in Franchising Sector Dialogue ,negotiated and Accepted. Contract Franchisor Franchisee You Company Proposed Business Plan Copyright Notice © 2010 All rights reserved

79. Intellectual licensing is a vital for all franchising business

80. Main clauses relating with IPRs in franchising Agreement:

81. Trademark licensing

82. Invention licensing

83. Copyright licensingCopyright Notice © 2010 All rights reserved

85. Section 2(h): Contract is an agreement enforceable by law

86. Section 2(a) and (b): an agreement, i.e. and offer and an acceptance of the offer

87. Section 23,24 and 25: Lawful consideration for the agreement

88. Section 23 and 24: Lawful object and purpose of the agreement

89. Section 14: free consent of the parties to the agreement

90. Section 11: capacity of the parties to enter an agreementCopyright Notice © 2010 All rights reserved

92. Some business has been involved

93. Need to be promote more, both business concept and IPRs mindset.

94. Can perform with existing laws

95. Some existing law have to made harmonization with current trendCopyright Notice © 2010 All rights reserved

97. New business trend

98. Economic adjustment

99. Keen interest and encouragement.

100. SMECopyright Notice © 2010 All rights reserved

102. Gym

103. Fashion outlet

104. Beautification services

105. Car servicing.

106. Health care services

107. Model agency

108. Restaurant/pub/club/cafe.

109. Travel and tour operator.

110. Convenient store

111. Any others ?.Copyright Notice © 2010 All rights reserved

112. MNC Change and transformation of Mind set for new Economy. New Economics Platform Current Economics Platform Local Champ Local Champ Copyright Notice © 2010 All rights reserved Local toward Regional

114. Joint Venture

115. Local Champion toward Regional1 Accept 1 +1 = NOT 2 Copyright Notice © 2010 All rights reserved

117. Joint Venture

118. Local Champion toward Regional1 Accept 1 +1 = NOT 2 Copyright Notice © 2010 All rights reserved

119. Weakness of IPRS and Franchising Sector in Myanmar : Mechanism Database Awareness Integration Mindset Copyright Notice © 2010 All rights reserved

122. Franchising Association.

123. Franchising Regulation

124. Franchising Manual

125. Franchising Opportunity

126. Franchising in – out

127. Franchising Fair

128. Dispute Resolution BodyCopyright Notice © 2010 All rights reserved

130. practicality.

131. Intellectual Property.

132. Legitimacy.Copyright Notice © 2010 All rights reserved

134. The Good

135. The Bad and the ugly. Copyright Notice © 2010 All rights reserved

136. The Good Eliminating tariff barriers among member countries Free flow of labor GDP will increase because of FDI Infrastructure will improve Government income will increase through taxes Tourism Synergy Service industry Export/import Desire to learn Burmese Education standard Mindset development International relation/ Experience Land price Competitive market Value of Kyats Copyright Notice © 2010 All rights reserved

137. STRATEGIC LOCATION 2 5 Copyright Notice © 2010 All rights reserved

138. THE BAD Free flow of FDI Reduced non tariff barriers Are we ready ? Copyright Notice © 2010 All rights reserved

139. The Ugly (1) : Bye Bye Green Behavioral Change Culture interference Copyright Notice © 2010 All rights reserved

140. The Ugly (2) : Copyright Notice © 2010 All rights reserved

141. Why not : Copyright Notice © 2010 All rights reserved

142. Sometimes we stare so long at the door that is closing that we see too late the one that is ‘’ open.’’ Alexender Graham Bell Copyright Notice © 2010 All rights reserved

143. Have you locked the door your self ? Copyright Notice © 2010 All rights reserved

145. For you For your Nation FRANCHISING But please abide by the Laws Copyright Notice © 2010 All rights reserved

146. Thank you. For any information and /or question Please kindly contact me via mintayza@untlaw.com Notice: This presentation is for educational and awareness purpose. All Intellectual Property Rights in this presentation were owned by its respective owner. Copyright Notice © 2010 All rights reserved