Enforcement and Litigations
Despite the lack of Trademark Law, Myanmar Lawyers have been exercising the existing laws as to the trademark infringement. Civil action or Criminal action can be taken against the infrigner to exclude the adverse party.
According to the S.52 of the Specific Relief Act, preventive relief is granted at the discretion of the court by injunction, temporary or perpetual, to stop the infringement. Under S.53 of the Act, temporary injunctions are to continue until a specified time, or until the further order of the court. They may be granted at any period of a suit, and are regulated by the code of civil procedure. Temporary Injunction is prescibed in Order 39 of the civil procedure code.
A perpetual injunction can only be granted by the degree make at the hearing and upon the merits of the suit; the defendant(the infringer) is there by perpetually enjoined from the assertion of a right, or from the commission of an act, which would be contrary to the right of the plaintiff (the owner of the trademark).
Criminal actions can be taken according to the Penal Code. Respectively, under ss. 482, 483, 485 and 486 of the aforesaid Code, legal actions can also be taken against the infringer.
In case of infringement of a Trademark or Service mark, Criminal action can be taken against the infringer. Normally, the infringement of a trademark has a civil nature rather than criminal wrong.
In cases where speedy remedy is needed an aggrieved person should seek his remedy in criminal court. But it should be simple and clear-cut. Civil proceedings may require much time and expenditure.
In cases of bona fide dispute between the parties as to the right to a trademark / service mark, legal remidies should be seeked at civil court, not in a criminal court, seeking an action for an injunction and damages.