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关于专利法规(草案)的磋商会议顺利召开

2023年7月13日,位于内比都的磋商会议在商务部会议厅举行。

在磋商会议上,商务部副部长发表了开幕演讲。他表示知识产权领域对于国家商业生态系统的发展起着重要作用。为了增加外国投资、创造新的就业机会、加强贸易便利化和促进创新,缅甸在2019年颁布了商标法、工业设计法、专利法和版权法等四项知识产权法律。

然后,他介绍说专利法于2019年3月11日颁布,该法的目标是实现发明家和发明使用者之间的技术知识和社会经济福利的相互优势,促进国家生产力的发展,推动技术创新和传播以及技术转让,并鼓励创新环境。如果关于产品或者工艺的专利得到授予,专利持有人有权依据该法阻止他人在未经其同意的情况下制造、使用、销售或将该产品进口到该国,也有权在未经其同意的情况下使用该工艺或通过使用该工艺制造产品。此外,专利持有人有权以民事诉讼的方式起诉侵犯专利权的侵权者。

然后,他提到知识产权部(IPD)已起草实施专利法的专利法规。由于已收到相关部门和组织对草案规定的意见和建议,因此举行了这次磋商会议。此外,他表示,将根据会议的讨论和建议,对草案规定中必要的事项进行修改和补充,并按照程序确认这些规定的生效。

随后,知识产权部的总干事莫莫薇博士以幻灯片的形式解释了征求意见的专利法规草案的情况以及最终草案的准备工作。接着,受邀部门和组织的代表们对规定涉及的各自领域进行了讨论,随后会议圆满结束。

(上述内容来源于缅甸知识产权局官网www.ipd.gov.mm,由ChatGPT提供翻译)

原文如下:

Nay Pyi Taw, July 13, 2023

The Consultation Meeting regarding Patent Rules (draft) was held at the conference hall of the Ministry of Commerce, Nay Pyi Taw in the afternoon on July 13, 2023 and the Deputy Minister of the Ministry of Commerce delivered an opening speech.

In the Opening Speech, the Deputy Minister of the Ministry of Commerce said the intellectual property sector is the main role for the development of the business ecosystem of the State. Intellectual Property Department has been implemented to increase foreign investments, to create new job opportunities, to enhance trade facilitations, to promote innovations and the four IP Laws namely Trademark Law, Industrial Design Law, Patent Law and Copyright Law were promulgated in Myanmar in 2019.

And then, he said that Patent Law was promulgated on March 11, 2019 and the aim of this law is to have mutual advantage of technological knowledge and socio-economic welfare between inventors and users of inventions, to develop the production of the State by promoting technological innovations and dissemination and transfer of technology and to encourage an environment of innovation. If the patent has been granted with respect to a product or a process, a patentee is entitled to the right to prevent third parties in accordance with this Law from making, using, offering for sale, selling or importing such product to the country without his consent and also from using such a process without his consent or from performing a product by means of using such process. And, the patentee is entitled to sue the infringer of patent rights in civil action.

And then, he said the Intellectual Property Department (IPD) has drafted Patent Rules for the implementation of the Patent Law. As the comments and advices for the draft rules have been received from the respective ministries and organizations, this consultation meeting has been organized. Moreover, he said that the necessary matters in the draft rules will be corrected and added according to the discussions and recommendations of the meeting and the rules will be confirmed to enter into force in accordance with the procedure.

Next, Director General of the Department of Intellectual Property, Dr. Moe Moe Thwe and the responsible person of the Patent Division explained with powerpoints the status of asking comments and suggestions on the draft Patent rules and the preparatory conditions of the final draft. Thereupon, representatives from the invited ministries and organizations discussed their respective sectors on the rules and the meeting was concluded.

信息来源:MIPD(www.ipd.gov.mm)

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