Industrial Designs Law in Laos
In Laos, industrial design protection is governed by the Law on Intellectual Property (No. 08/NA), enacted on December 24, 2007, and amended by the 2023 Law on Intellectual Property. The Department of Intellectual Property (DIP) under the Ministry of Science and Technology is the competent authority for the registration and enforcement of industrial designs
🖌️ What Is an Industrial Design?
An industrial design refers to the aesthetic or ornamental aspects of an article, including:
Shape
Configuration
Pattern
Ornamentation
Composition of lines or colors
These features must appeal to and be judged solely by the eye. Functional aspects of a design are not protected under the Industrial Design Law; such features are subject to patent protection.
✅ Requirements for Protection
To qualify for protection, a design must:
Be new or original
Not have been disclosed to the public in any form, anywhere in Laos or elsewhere, before the filing date or priority date
Not be contrary to public order or morality
Be applied to an article and appeal to the eye
Not be a mechanical contrivance
Not be a mere trademark or property mark
The DIP conducts a formal examination to ensure that the application is complete and complies with procedural requirements. A substantive examination follows to assess novelty and originality. The design must not fall within excluded subject matters.
📝 Application Process
Filing: Submit an application to the DIP, including:
A request for registration
Drawings or photographs of the design
A brief description of the goods to which the design relates
Receipt of payment of fees
Power of attorney (if represented)(
Examination: The DIP conducts formality and substantive examinations.(
Publication: If the application is accepted, the design is published in the official gazette.
Registration: Upon successful examination, a certificate of registration is issued.
⏳ Duration and Renewal
Initial Protection: 5 years from the filing date.
Renewal: Can be renewed twice, each time for 5 years, totaling a maximum of 15 years.
🌍 International Protection
Laos is a member of the Paris Convention for the Protection of Industrial Property, allowing applicants to claim priority based on earlier filings in other member countries. However, Laos is not a member of the Hague Agreement, so industrial designs cannot be registered through the Hague System.
Cancellation: Any person may request the cancellation of an industrial design registration within 5 years of publication in the official gazette on grounds such as non-use or failure to meet registration requirements.
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