Intellectual Property Laws at Laos
Laos has significantly updated its intellectual property (IP) framework with the enactment of Law No. 50/NA on Intellectual Property, which was promulgated on November 20, 2023, and entered into force on January 24, 2024. This comprehensive overhaul aims to align Laos' IP laws with international standards and attract foreign investment by enhancing protection for creators, innovators, and businesses.
Key Provisions of the 2023 IP Law
1. Trademarks
Well-Known Marks: The law now permits evidence of global circulation to establish a trademark as well-known, removing previous ambiguities regarding territorial requirements.
Trade Name Registration: Mandatory registration of trade names is now required for protection against third-party infringement.
Exhaustion of Rights: Trademark rights are considered exhausted once a product is sold, potentially impacting the legality of parallel imports.
2. Industrial Designs
Disclosure Requirements: Industrial designs must not have been disclosed through print media, electronic mediums, practical use, exhibitions, or any other means in Laos prior to the filing date.
3. Patents and Petty Patents
Novelty Requirement: Inventions must not have been disclosed via publication, online media, actual use, or any other forms in Laos during the year before the application.
Disclosure of Origin: Applications derived from genetic resources or traditional knowledge must disclose the origin, name of the community, or ethnic group.
4. Copyright
Expanded Scope: The definition of "works of art" now includes electronic creations, and the protection term for applied art and pictures has been extended from 25 to 30 years.
5. Geographical Indications
Protection Start Date: Protection now begins from the filing date of the application, rather than from the date of registration.
6. Enforcement and Dispute Resolution
Cancellation Provisions: Registrations can be canceled within five years of publication if deemed incorrect or made in bad faith.
Alternative Dispute Resolution (ADR): The law encourages the use of ADR mechanisms to resolve IP disputes efficiently.
Implementation and Administration
Department of Intellectual Property (DIP): The DIP under the Ministry of Science and Technology is responsible for the administration and enforcement of IP laws in Laos.
Online Registration: As of November 2023, Laos introduced online trademark registration, streamlining the application process.
Conclusion
The 2023 Law on Intellectual Property represents a significant advancement in Laos' IP landscape, aligning with international norms and enhancing protection for intellectual creations. These reforms aim to foster innovation, attract foreign investment, and ensure fair competition in the marketplace.
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