Geographical Indications Law in Laos
Laos has established a dedicated legal framework for the protection of Geographical Indications (GIs), aiming to promote local products and align with international standards.
🇱🇦 Legal Framework for Geographical Indications in Laos
The primary legislation governing GIs in Laos is the Law on Intellectual Property, which has undergone several amendments to enhance GI protection:
2011 Law on Intellectual Property (No. 01/MOST): Provided the foundational legal basis for GIs.
2016 Ministerial Decision (No. 1119/MOST): Issued on October 25, 2016, this decision detailed the implementation of GI provisions, including registration procedures and enforcement mechanisms
2023 Amendment to the Law on Intellectual Property: Introduced significant updates, notably:
Protection Commencement: GI protection now begins from the filing date of the application, offering earlier legal safeguards.
Cancellation Provisions: Allows for the cancellation of GI registrations within five years of publication if they are found to be incorrect or made in bad faith.
📝 GI Registration Process in Laos
Eligibility: Applicants can include producer groups, operators, institutions, or interested persons. However, they must establish a GI association responsible for ensuring compliance with the GI's specifications.
Required Documents:
Application Form: Available from the Department of Intellectual Property (DIP).
Power of Attorney: If the application is filed through a representative.
Image of the GI: A clear representation of the geographical indication.
Geographical Region Statement: Details of the area to which the GI applies.
Product Details: Description of the goods and applicable methods of control.
Basis for GI Claim: Evidence supporting the claim that the product's qualities are attributable to its geographical origin.
Foreign Protection Evidence: If applicable, proof that the GI is protected in its country of origin.
Examination Process:
Formality Examination: The DIP reviews the application for completeness and correctness. If deficiencies are found, the applicant is notified and given 60 days to rectify them.
Substantive Examination: The DIP assesses whether the GI meets the legal requirements for registration.
Publication and Opposition:
Upon successful examination, the GI is published in the official gazette. Third parties have a specified period to file oppositions.
Registration:
If no oppositions are filed, or after resolving any oppositions, the DIP registers the GI and issues a certificate.
🚫 Grounds for Refusal or Cancellation
A GI application may be refused or a registration canceled if
The GI is likely to mislead or confuse consumers about the true origin of the goods.)
The GI has become a common name for the goods in Laos.
The GI is identical or similar to a protected trademark, leading to potential confusion.
The GI is not or ceases to be protected in its country of origin.
⚖️ Enforcement and Rights of GI Holders
Registered GI holders have the right to:
Prevent unauthorized use of the GI on goods not originating from the designated geographical area.
Take legal action against infringement, which may include administrative, civil, or criminal proceedings.
Request border control measures to prevent the importation of counterfeit GI goods
🌐 International Commitments
Laos is a party to the Geneva Act of the Lisbon Agreement, administered by the World Intellectual Property Organization (WIPO). This membership facilitates the international registration and protection of GIs, allowing Lao GIs to gain recognition in other member countries.
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