Slides Myanmar - 22 Jan 2024 REVISED FINAL.pptx

Green Energy

1. A presentation to: Myanmar private sector By: Irene Calboli Venue: online Date: January 22, 2024, 14.00 – 17.00 (Myanmar time) Arise Plus Myanmar Trade-Related Assistance WEBINAR FOR MYANMAR Supporting Myanmar MSME on Access to Green IP Technology

2. 2 - Green Technologies and Potential Opportunities - IP Licensing: Contract and Negotiations Tactics Overview of the Webinar

3. 3 Suite of new laws in 2019 Pyidaungsu Hluttaw Law No. 7/2019 (2019 Patent Law)** Pyidaungsu Hluttaw Law No. 3/2019 (2019 Trademark Law) Pyidaungsu Hluttaw Law No. 2/2019 (2019 Design Law) Pyidaungsu Hluttaw Law No. 15/2019 (2019 Copyright Law) Amendment to the 2016 Plant Variety Protection Law, the Pyidaungsu Hluttaw Law No. 29/2019 (2019 Plant Varieties Law) **Law not yet entered into force Myanmar’s IP Protection

4. 4 Myanmar’s International Obligations Myanmar is also part of WTO WIPO UPOV RCEP

5. 5 See ITC’s Report on IP protection in Myanmar for a comprehensive review and information. The Role of IP to Promote Innovation

6. 6 2019 Patent Law establishes a comprehensive patent regime, First-to-file system Requirements in line with Paris Convention and TRIPS Agreement   Presently, Myanmar’s inventors and companies cannot easily secure protection Previously, patentable inventions were protected under the Registration Act of 1908 (revised in 2018) by filing a declaration of ownership under the Minister of Agriculture, Livestock and Irrigation and Assurance, with the Myanmar Registry Office for Deeds. This registration should be followed by the publication of a Cautionary N otice in a local newspaper asserting ownership in the invention to be renewed every three years. In 2017, however, the registration of patents was suspended (** unclear if it has been reactivated ). Patent Protection

7. 7 In 2016, a New Plant Variety Protection Law was introduced to protect farmers and promote agricultural innovation Plan Variety Protection Department under the Agricultural Research Department; Central Committee for National New Plant Variety Protection (Regulation 267/2021).   The 2019 amendment aligns the protection of plant varieties in Myanmar with the UPOV Convention Plant varieties will also be protected in Myanmar under the 2019 Patent Law These points are relevant regarding the use of green technology and transfer of technology promoting green practices in agriculture Plant Varieties Protection

8. 2019 Trademark Law modernizes and harmonizes national trademark law, including service marks, collective marks, certification marks, and GIs. Complies with the Paris Convention and TRIPS Agreement Introduces a “first-to-file” system in the country replacing the existing first-to-use system. Law entered into force on 1 April 2023 The Myanmar Trademark Registry is currently accepting applications to register, including for “green” trademarks   Trademark Protection

9. 9 2019 Design Law i s the first legislation addressing the protection of industrial design in the history of Myanmar. Complies with the necessary international standards regarding industrial design, Paris Convention and TRIPS Agreement   Design Protection

10. 10 T he 2019 Copyright Law replaces the previous 1914 Myanmar Copyright Act, which was based on the UK Copyright Act of 1911. Lays out the new legislative framework and is in line with the Berne Convention and TRIPS Agreement The most important change to the previous system is that, unlike the 1914 law, the 2019 Law grants copyright protection to foreign works Still the works created by non-citizens or non-residents in Myanmar are protected only if they are first published in Myanmar or published in the country within 30 days of first publication elsewhere. ** This provision in not-Berne complaint and will need to be amended Myanmar’s new law also established a voluntary registration-based system, in which registration is available with MIPO and would be similar to a record of ownership.   Copyright Protection

11. IP and green technologies IP is an incentive for Innovation in general, can it prioritize green innovation? Matter of national policies IP protection is relevant in the debate of transfer of green technologies IP licensing Does IP protection add to the costs of the transfer of technology? Can technology be transferred without the guarantees given by IP protection? In short, IP can have a real impact on green technology and climate change IP and Green Technologies

12. Emissions from Fossil Fuels

13. Promoting the Development of Green and Eco-Friendly Technology Promoting and Facilitating the Transfer of Green and Eco-Friendly Technology Can IP effectively facilitate research and development on technologies related to counter climate change? Incentives Regulation Climate Change and IP Law?

14. Protect the environment Pollute less Use all resources in a more sustainable manner Recycle more wastes Handle residual wastes in a more acceptable manner Goals of Green Technologies

15. Wastewater treatment plants Recycling plants Desalination plants Smart irrigation systems Vertical farming Sustainable transportation such as electric cars Etc. Green Technology Examples

16. Evaluate existing conditions Access external knowledge Invest in domestic R&D Build domestic capabilities along the value chain Invest in human capital Collaborate internationally Diffuse knowledge in the domestic ecosystem How does IP Law impact or promote this? Steps to Green Technology Implementation

17. Carbon capture and storage Energy storage technology Solar panel technology Wind turbine technology Green chemistry Sustainable agriculture Green Patents

18. Myanmar

19. Myanmar

20. Green and Myanmar

21. Technical and HR Capacity Supply Chain Manufacturing Infrastructure Public Sector Challenges Myanmar and (Challenges With) Green Technologies

22. Example of Green Technology: Biofuels Fuels derived from biological materials that are better for the environment because they replace fossil fuels, which release more pollution and toxic emissions.

23. Materials for Biofuels Agricultural waste and discards Solid waste Sewage Animal manure Corn Soybeans Sugar Oil

24. Biomass is the largest contributing energy source in Myanmar   Myanmar annually produces 5.77 million ton of rice husk on 26.21 million ton of paddy rice production and 114,975 cubic ton of wood left in the forest on annually 365,000 ton of wood logs Most of Myanmar's electricity (74.7%) is produced by  hydroelectricity . The country plans to achieve 100% electrification by 2030. Myanmar and Biofuels

25. Dry biomass that is compressed into a solid unit either manually or with the use of machinery and is used as a cleaner source of energy Example: Briquettes

26. Since families in Myanmar burn wood for cooking, this causes deforestation and unhealthy levels of smoke inhalation. Dry biomass briquettes can be made from: charcoal dust sawdust maize cobs coconut husks rice husks sugarcane bagasse These can be compacted and bound with soil, paper, starch, or molasses Briquettes in Myanmar

27. Cleaner energy Produces less smoke Burns for longer periods of time Doesn’t use deforestation Uses materials that would otherwise be discarded or wasted More sustainable and eco-friendly Creates job opportunities for women and youths This has worked for communities in Kenya and Ghana. Benefits of Carbonized Briquettes

28. S trong demand for advanced wastewater and water treatment technologies.  C ompanies that provide technologies for water supply, sanitation, drainage, and wastewater management can find tremendous business opportunities P roducts and services related to water softening, pumps, valves, scrapers, sludge dewatering equipment, screening machines, magnetic flowmeters, large chlorinators for water/wastewater systems, and water recycling technologies are also included areas that could also provide business opportunities. Etc.     Challenges … Are Opportunities The Myanmar Sustainable Development Plan 2018-2030 integrates environment and climate change as one of five pillars for development. Myanmar’s Climate Change Strategy and Action Plan 2018-2030 promotes climate action Myanmar’s Nationally Determined Contribution outlines mitigation and adaptation priority actions The National Environment Plan 2018-2030 promotes integration of environmental issues across sectors Environment Conservation Law 2012, Environment Conservation Rules 2014 and other regulations, promote green investments

29. Protect the environment Pollute less Use all resources in a more sustainable manner Recycle more wastes Handle residual wastes in a more acceptable manner We said earlier that the “Goals of Green Technologies” are

30. Technology Transfer and Access to Green Technology MEAs- CBD, UNFCCC (Paris Agreement) TRIPS WIPO Development Agenda

31. Technical and HR Capacity Supply Chain Manufacturing Infrastructure Public Sector Challenges Myanmar and (Challenges With) Green Technologies

32. Article 7 TRIPS The protection and enforcement of intellectual property rights should contribute to the promotion of technological innovation and to the transfer and dissemination of technology , to the mutual advantage of producers and users of technological knowledge and in a manner conducive to social and economic welfare, and to a balance of rights and obligations. 39

33. Article 66.2 TRIPS Developed country Members shall provide incentives to enterprises and institutions in their territories for the purpose of promoting and encouraging technology transfer to least-developed country Members in order to enable them to create a sound and viable technological base. 40

34. 41 IP Licensing IP licensing is a legal contract between two parties where the owner of certain IP rights (licensor) grants permission to another party (licensee) to use those IP rights for a specified period of time, in exchange for agreed-upon terms and conditions Licensing allows licensors to generate revenue from their IP rights while the licensees gain access to valuable technology, brands, etc., that can enhance their business operations or product offerings. Licensing can refer to any type of IP rights—registered or unregistered. IP licensing is widely used in franchising and distribution agreements as well as part of regional and global supply chains management

35. 42 IP Licensing Best Practices

36. 43 IP Licensing Common Issues

37. Technical and HR Capacity Supply Chain Manufacturing Infrastructure Public Sector Challenges But Again … Myanmar and (Challenges With) Green Technologies

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41. Beyond Patent Technology … the role of other IP

42. Trademarks and Green Technology Consumer role and effects of buying power Green trademarks and service marks ( genericness and descriptiveness) Certification marks – e.g., Energy Star Willingness to pay, green fatigue, and greenwashing Inadequate policing of certifications Increased public participation transparency and government and third-party standards setting

43. Identifies a good as originating in the territory of a Member, or a region or locality in that territory, where a given quality, reputation or other characteristic of the good is essentially attributable to its geographical origin (TRIPS) Producers of the region organize to set certification and locality standards Allow better reputation, higher pricing, and more development Other ASEAN countries use these for agricultural products Malaysia, Vietnam, Thailand, Indonesia, and Cambodia Fruit, coffee, rice, pepper, sugar, tea, tobacco, and vegetables Geographical Indications

44. Geographical Indications

45. Geographical Indications

46. Geographical Indications

47. 58 Conclusion Overall, IP can contribute to promoting green technology Transfer of technology is necessary to implement green technology (even if not IP-protected) in Myanmar Is technology transfer via licensing a challenge? One of the most pressing issues in Myanmar is the lack of technical infrastructure

48. 59 For more i nformation Mr. Giles Chappell Programme Officer Trade Facilitation and Policy for Business Division for Market Development International Trade Centre (ITC) Geneva, Switzerland Email: [email protected] Ms. Donia Alwan Trade Policy Advisor Trade Facilitation and Policy for Business Division for Market Development International Trade Centre (ITC) Geneva, Switzerland Email: [email protected]