Abstract

• Intellectual Property refers to creations of human mind and it comprises two main branches: copyright and industrial property. Industrial property includes patents, industrial designs, trademarks, service marks, collective marks, commercial name and geographical indications. Geographical indications shall be the indication that identifies certain goods as goods originating from the territory of specific country, region or a locality with such territory, where specific quality, reputation or other characteristics of the goods can be essentially attributed to their geographical origin. Legal Protection of Geographical indications (GI) enables those who have the right to use the indication to take measures against other who use it without permission and benefit from its reputation. Geographical indications of protection treaties are the Paris Convention for the Protection of Intellectual Property, 1883, the Convention Establishing the World Intellectual Property Organization (WIPO), 1995 and the Agreement on Trade-Related Aspects of Intellectual Property Rights (TRIPs), 1994, Madrid Agreement, 1891, and Lisbon Agreement (1958). Thanakha would be incomplete to leave out Shwebo whose indigenous Thanakha is said to be the best known for its superior quality. According to “Myanmar Thanakha” by U Tha Hla, Thanakha from Theinkataw region about two miles downstream of Sihataw pagoda on the western bank of Ayeyawady River in Khin U Township, Shwebo District was offered to the court on a regular basis during the region of King U Aung Zeya, the founder of the third Myanmar Kingdom and the court recognized it as the best Thanakha suited for the court to use. However, Theinkataw Thanakha is now on the verge of extinction. Therefore, Geographical indications should be enacted as a separate law. Myanmar should get Geographical Indication right in Shwebo Thanakha as a local product of Shwebo Township in accordance with the Conventions and Myanmar Domestic Laws.