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Constitution of the Republic of the Union of Myanmar, Myanmar


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Year of Version 2011 Dates Entry into force: January 31, 2011 Adopted: May 29, 2008 Type of Text Constitution/Basic Law Subject Matter Other Notes Myanmar has had three Constitutions since the country became independent from the United Kingdom on January 4, 1948: the first, a federal democratic Constitution proclaimed in 1948; the second in 1974, a socialist Constitution under one party system; and the third and current Constitution promulgated in 2008. The legislative power in Myanmar is held by a bicameral Parliament named Pyidaungsu Hluttaw. The Executive power is held by the President since March 30, 2011. The legal system is a mix of English common law (as introduced in codifications designed for colonial India) and customary law. The Constitution contains the provisions which delineate the intellectual property rights. Chapter VIII related to Citizen, Fundamental Rights and Duties of the Citizens indirectly guarantees the exercise of intellectual property rights in Article 349, e-f (rights to carry out the functions in technical know-how, technology, science, exploration of arts, business and trade) and in Article 354. d (rights to develop language, literature and culture). Furthermore, Schedule One of the Union Legislative List (referred to in Section 96) generally refers to intellectual property rights in Section 7(f) 'Industrial Sector'. It classifies intellectual property such as copyrights, patents, trademarks and industrial designs as one of the area of industrial sector.

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Constitution of the Republic of the Union of Myanmar (MM028)

WIPO Lex No. MM009