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LAO PEOPLE’S DEMOCRATIC REPUBLIC
Peace Independence Democracy Unity Prosperity
President No. 322/P
Vientiane Capital, 25 December 2017
DECREE
of the
PRESIDENT
of the
LAO PEOPLE’S DEMOCRATIC REPUBLIC
on the Promulgation of the Law on Intellectual Property (Amended)
- Pursuant to Chapter 6, Article 67, point 1 of the Constitution of the Lao People's
Democratic Republic (Amended), 2015;
- Pursuant to Resolution No. 070/NA, dated 15 November 2017, of the National Assembly
Session on the adoption of the Law on Intellectual Property (Amended);
- Pursuant to Proposal No. 034/NASC, dated 12 December 2017, of the National
Assembly Standing Committee.
The President of the Lao People's Democratic Republic Decrees that:
Article 1. The Law on Intellectual Property (Amended) is hereby promulgated.
Article 2. This decree shall enter into force on the date it is signed.
The President of Lao PDR
[seal and signature]
Bounnhang VORACHITH
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LAO PEOPLE’S DEMOCRATIC REPUBLIC
Peace Independence Democracy Unity Prosperity
National Assembly No. 070/NA
Vientiane Capital, 15/11/2017
RESOLUTION
of the
National Assembly Session
on the Approval of the Law on Intellectual Property (Amended)
Pursuant to Article 53, point 1 of the Constitution of the Lao People’s Democratic
Republic (Amended), 2015 and Article 11, point 1 of the Law on National Assembly
(Amended), 2015.
After the 4 th
ordinary session of the VIII National Assembly Congress, a wide range of
studies was undertaken and an agreement was reached on the content of the Law on Intellectual
Property (Amended) in a resolution at the morning session of 15 November 2017.
The National Assembly Session agreed:
Article 1. The Law on Intellectual Property (Amended) was approved by majority vote.
Article 2. This Resolution shall enter into force on the date it is signed.
President of the National Assembly
[seal and signature]
Pany YATHOTOU
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LAO PEOPLE’S DEMOCRATIC REPUBLIC
Peace Independence Democracy Unity Prosperity
National Assembly No. 38/NA
Vientiane Capital, Dated 15 November 2017
Law
on Intellectual Property (Amended)
Part I
General Provisions
Article 1(revised). Objectives
This law determines principles, regulations and measures relating to the management and protection of intellectual property rights [in order] to support and promote inventions, creativities, [traditional] knowledge-based economy, development of science and technology, the transfer of technology within the country and from abroad, to ensure legitimate interests of the owner of the intellectual property and the interests of state, society aiming to promote trade, investment and the competitiveness according to market based economy mechanism effectively and efficiently and integrate into regional and international levels and contribute in socio-economic development of the nation [and] industrialization and modernization of the country.
Article 2. Intellectual Property
Intellectual property is work of the human mind through inventions and creations.
Article 3 (revised). Definitions
The terms as used in this law have the following meanings: 1. Intellectual property rights mean the rights of individuals, legal entities or
organizations to their intellectual property;
2. Industrial property means intellectual property in the industrial, handicrafts,
agricultural, fisheries, commercial and service sectors;
3. Industrial property rights mean the rights of individuals, legal entities or
organizations relating to industrial property;
4. Patent means the official certificate issued by the state organization to protect
inventions that they are new, involve an inventive step and are capable of industrial
application;
5. Invention means the technical solution to create new product or process of
production to resolve a specific problem;
6. Petty patent means the official certificate issued by the state organization to
protect utility innovation;
7. Utility innovation means a new innovative work derived through technical
improvements, which involve simpler steps than with inventions in order to improve
products or new production method;
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8. Industrial design means the form or shape of the product, which is to be
created which includes the shape, pattern, line, color, etc;
9. Mark means any sign, or any combination of signs, capable of distinguishing
the goods or services of one individual, legal entity, and organization from those of other
individuals, legal entities and organizations;
10. Trademark means the mark provided for in Item 9 of this Article to use with
goods or services as well as to distinguish between these goods or services and other
goods or services;
11. Collective trademark means the trademark used by affiliated enterprises or
members of an association, cooperative, state or private organization or a group of
individuals;
12. Certification mark means the trademark, which the owner has permitted the
use of by individuals, legal entities or organizations for use with their goods or services in
order to certify the characteristic, which relates to the origin, raw materials and production
methods of the goods or methods of services supply, type, quality, safety or other
characteristics of the goods or services;
13. Well-known mark means a trademark, which is widely recognized by the
relevant sector within the territory of the Lao PDR, including where such knowledge is a
result of promotion of the trade mark;
14. Integrated circuit means a product, in its final form or an intermediate
form in which the elements of the product is an active element and some or all of the
interconnections are integrally formed in and/or on piece of semiconductor material and
the product is intended to perform an electronic function;
15. Semiconductor means a material with electrical conductivity intermediate in
magnitude between that of a conductor and an insulator;
16. Layout-design of integrated circuit means a three-dimensional disposition
however expressed, of an integrated circuit at least one element of which is an active
element and some or all of the interconnections of an integrated circuit, or such a three
dimensional disposition prepared for an integrated circuit intended for manufacture;
17. Geographical indication means a sign used to indicate a good as originating
in the territory of a country or region or locality in that territory, where a given quality
and reputation or other characteristic of the good is essentially attributable to its
geographical origin; 18. Variety means a plant grouping within a single botanical taxon of the
lowest known rank, which grouping, irrespective of whether the conditions for the grant
of a breeder’s right are fully met, can be defined by the expression of the characteristics
resulting from a given genotype or combination of genotypes, distinguished from any
other plant grouping by the expression of at least one of the said characteristics and
considered as a unit with regard to its suitability for being propagated unchanged;
19. Propagating material means a plant or any part thereof capable of
producing a new plant such as: shoots, rhizomes, seeds and branches;
20. Breeder means the person who bred, or discovered and developed, a
variety, or the person who is the employer of the aforementioned person or who has
commissioned the latter’s work, where the laws so provide, or the successor in title of the
first or second aforementioned person, as the case may be;
21. Plant variety right or breeder’s right means the right granted by the state
organization to protect a plant variety in accordance with this law;
22. Copyright means the right of individuals, legal entities or organizations to
their creative works in the domains of art, literature, or science;
23. Related right means the right of individuals, legal entities or
organizations to works of performances, phonograms, broadcasts of programs or
broadcasts of satellite signal carrying encrypted or unencrypted programs;
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24. Work means a creative work by an individual legal entities or
organization in the domains of art, literature and science shown in any form or
method;
25. Derivative copyrighted work means a work based on one or more existing
works and includes a translation, adaptation, arrangement of music, modification,
transformation, interpretation, and other alteration of a copyrighted work;
26. Publish means, for purposes of copyright, making available to the public
with the consent of a work’s authors sufficient numbers of copies to satisfy the reasonable
demands of the public, having regard to the nature of the work. The performance of a
dramatic, dramatico-musical, cinematographic or musical work, the public recitation
of a literary work, the communication by wire or the broadcasting of literary or
artistic works, the exhibition of a work of art and the construction of a work of
architecture shall not constitute publication;
27. Publish means, for purposes of related rights, the offering of copies of the
fixation of a performance or a phonogram to the public, with the consent of the right
holder to s a t i s f y t h e r ea s o n ab l e d em an d o f the public; 28. Reproduction for purposes of copyright and related rights means the copying
of a work or phonogram or object of related rights by any method, including the
permanent or temporary copying of the work or phonogram or object of related rights;
29. Phonogram means any exclusively aural fixation of sounds of a
performance or of other sounds on recording instruments such as: audio disc, cassette,
laser disc, CD-ROM or by any other means of sound recordings;
30. Broadcasting means making works available to the public through radio or
television broadcasts or by other similar means, such as: the internet, or satellite
transmissions, transmission of audio or picture and audio with wire or wireless system;
31. Applied art means adaptations of art to be used for other purposes; 32. Priority means a claim of an earlier effective filing date in the Lao PDR or in
another country or office which based on an earlier filing of an application;
33. Exploit means to perform or offer to perform actions that are subject to the
authorization of the right holder, with or without compensation or other benefits.
Article 4. State Policy Relating to Intellectual Property
The state recognizes intellectual property and resul ts of inventions, creativities of individuals, legal entities or organizations and protects interests of the owner of intellectual property which are not contrary to the laws, culture and fine traditions of the nation, national defense, public security, health and environment.
The state supports and promotes intellectual property activities by developing
policies, strategies, laws, measures, provision of budget, development of infrastructure,
contribution and development of human resources, means and equipment.
The state supports and encourages domestic and foreign individuals, legal entities
or organizations to invest in intellectual property activities including dissemination of such
activities nationwide.
Article 5 (revised). Basic Principles Relating to Intellectual Property
The basic principles relating to intellectual property are as follows: 1. ensure compliance with the direction, policies, the Constitution,
laws, strategies and national socio-economic development plan;
2. recognize, respect, protect and ensure fairness of owner of the intellectual
property;
3. protect industrial property and new plant variety registered in accordance
with the law;
4. protect copyrights and related rights immediately;
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5. shall ensure permission is granted by the right owners before exploitation of
intellectual property;
6. comply with international treaties or agreements to which the Lao PDR is a
party.
Article 6 (revised). Scope of Application of the Law
This law is applicable to domestic and foreign individuals, legal entities and organizations who are involving in intellectual property activities in the Lao PDR.
Article 7 (revised). International Cooperation
The state promotes foreign, regional and international cooperation in relation to intellectual property activities based on respect of each other’s independence, sovereignty, mutual benefits for the development and management of intellectual property activities, the exchange of scientific lessons, technology, information, development of human resources and implementation of international treaties and agreements to which the Lao PDR is a party.
Part II
Intellectual Property
Article 8. Intellectual Property Framework
Intellectual property is composed of: 1. industrial property;
2. new plant variety;
3. copyrights and related rights.
Article 9 (revised). Industrial Property
Industrial property is composed of: 1. patents;
2. petty patents;
3. industrial designs;
4. trademarks;
5. trade names;
6. layout-design of integrated circuits;
7. geographical indications;
8. trade secrets.
Article 10. New Plant Variety
New plant variety is composed of: 1. Plant variety that exists generally and is derived from improvements to
become a new plant variety;
2. Plant variety that is discovered in the nature and then is developed to
become a new plant variety.
Article 11. Copyright and Related Rights
Copyright and related rights include: 1. copyrights to the works in artistic domain, literary domain or scientific
domain;
2. related rights to the works of performers, producers of phonograms and
broadcasting organization.
Part III
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Industrial Property
Chapter 1
Industrial Property Requirements
Article 12 (revised). Industrial Property Eligible for Registration Certificate
Industrial Property eligible for registration certificates are as follows: 1. patent;
2. petty patent;
3. industrial design;
4. trade mark;
5. integrated circuit layout-design;
6. geographical indication.
Trade names and trade secrets are not required to be registered but shall be
protected under this law.
Article 13 (revised). Patent Eligibility Requirements
An invention eligible for a patent shall meet the following requirements: 1. shall be new meaning that such invention has not been existed, not been
disclosed to the public by journal or by actual use or in any other means in the Lao PDR
or any place in the world prior to the date of filing the application for registration or prior
to application for priority date for such patent;
2. shall involve increased inventive steps compared to previous invention;
3. shall be industrially applicable in industry, handicraft, agriculture, fishery,
trade, services, etc.
Article 14 (revised). Petty Patent Eligibility Requirements
A utility innovation eligible for a petty patent shall meet the following requirements:
1. shall be new in the sense that it has not been previously known or used in the
Lao PDR within one year prior to the date of submitting an application;
2. shall have new technical improvement that involves an inventive step which
has easier inventive steps than required for a patent;
3. shall be applicable in industry, handicraft, agriculture, fishery, commerce,
services, etc.
Article 15 (revised). Eligibility Requirements for Industrial Design Certificate
A design eligible for industrial design certificate shall meet the following requirements:
1. shall be new in a sense that it has not been disclosed to the public through
magazines or by actual use or displayed, or in any other means in the Lao PDR or any
place in the world prior to the date of filing the application for registration or prior to the
priority date of the application for registration;
2. shall be ornamental in a sense that it gives a special appearance to the
object to which the design is applied or in which it is embodied.
Article 16 (revised). Eligibility Requirements for Trademark Certificate
A mark eligible for trademark certificate shall meet the following requirements: 1. the mark may be any sign, or any combination of signs, capable of
distinguishing the goods or services of individual, legal entity or organization from those
of other individuals, legal entities or organizations. Such signs may include words,
personal names, letters, numerals, figurative elements, shape, three dimension picture,
motion picture or package of products and combinations of colors as well as any
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combination of such signs;
2. the mark is not identical to a previously registered mark, well-known
mark, or geographical indication for the same goods or services;
3. the mark is not similar to a previously registered mark or well-known mark
for the same, similar, or related goods and services, where the use of the later mark would
tend to cause confusion as to the source of the goods or services or create a false
impression that they are connected or associated with another party;
4. the mark does not contain characteristics prohibited under Article 23 of
this law.
Any trademark shall be deemed well-known when it meets all the following
requirements:
1. the trademark is a mark, as defined in the above paragraph, which is
widely recognized by the relevant sector within the territory of the Lao PDR, as
indicating the goods or services of the proprietor of the mark that is claimed to be a well-
known mark;
2. the trademark is not contrary to the requirements for registrability in the
Lao PDR; 3. In considering whether a mark is a well-known mark, shall have evidence of
such facts as are mentioned below:
3.1 the relevant sectors of the public recognize the mark by way of trade,
use of the trademark on or in connection with goods or services or through advertising;
3.2 the products, goods, services are widely circulated bearing the
trademark within the territory;
3.3 the volume of goods sold or services provided;
3.4 regular and continuous period of use of the trademark;
3.5 goodwill associated with use of the trademark with the goods or services
based on such factors as good quality, service, or their popularity;
3.6 domestic consumers certify and widely recognize the reputation of the
trademark;
3.7 high value of investment in the trademark such as investment in
advertisement or creation of image of such trademark.
A well-known trademark whether registered or otherwise shall be protected in
accordance with laws.
Article 17 (revised). Eligibility Requirements for Layout-Design of Integrated Circuits
Certificate
A layout-design of integrated circuit e l i g i b l e f o r lay-out design of integrated circuit certificate shall meet all the following requirements:
1. the layout-design is original which is not similar to the layout-design of
others which is created from an idea of a creator and is not commonplace among
creators of layout- designs and manufacturers of integrated circuit at the time of its
creation;
2. the layout-design consists of an integration of elements and interconnections
that are commonplace shall be protected only if the combination, taken as a whole, fulfills
the conditions of item 1;
3. the application for registration is submitted before the layout-design circuit is
commercially exploited anywhere in the world by the right holder or within two years
from date of commercial exploitation.
Article 18 (revised). Eligibility Requirements for Geographical Indication Certificate
A product eligible for a geographical indication certificate shall meet all the following requirements:
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1. the indication identifies a good as originating in a particular geographical
country or territory, or a region or locality in that territory;
2. a given quality and reputation or other characteristic of the good is
essentially attributable to its geographical origin. Such quality, reputation, or characteristic
may be based on natural factors including conditions of the soil, air, water, ecological
system, natural conditions and on human factors including skill and the experience of the
manufacturers and traditional production methods of that locality.
Article 19. Trade Name
A trade name is a name of an enterprise which is used for business operations. The trade name shall be protected without the obligation of filing or registration, whether or not it forms part of a trademark.
Article 20 (revised). Trade Secrets
A trade secret is a secret information which cannot be disclosed regarding to
formula, production process or any information which has commercial value in the sense
that it is not known among or readily accessible to persons within the circles that
normally deal with the kind of information in question.
Chapter 2
Industrial Property Ineligible for Registration
Article 21 (revised). Inventions or Utility Innovations Ineligible for Patents or Petty Patents
Inventions or utility innovations ineligible for patents or petty patents shall be as follows:
1. inventions or utility innovations that are not novel, if they are discovered exists,
including living organisms or parts of living organisms that exist in nature;
2. subject matter that is not an invention does not constitute a technical solution
because it is merely a scientific principle or theory, a mathematical algorithm, or a set
of rules for doing business or playing games, provided however, that such subject matter
may constitute an element of an invention or utility innovation;
3. diagnostic, therapeutic and surgical methods for the treatment of humans or
animals;
4. plants and animals other than micro-organisms, and essentially biological
processes for the production of plants or animals provided however, that such subject
matter may constitute an element of an invention or utility innovation.
A patent or petty patent shall be refused, in any case, if:
1. It is contrary to culture and fine traditions of the nation, social orders and
morale, damage human, animal or plant life or health or cause serious prejudice to the
environment;
2. It is contrary to security and peace of the Lao PDR.
Article 22. Designs Ineligible for Industrial Design Registration
Designs ineligible for industrial design registration shall be as follows: 1. A design the appearance of which is dictated by technical features of the
object to which the design is applied or in which it is embodied;
2. A designs that is contrary to social order and the fine traditions of the
nation.
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Article 23 (revised). Marks Ineligible for Trademark Registration
Marks ineligible for trademark registration shall be as follows: 1. the mark that does not distinguish the goods or services of the applicant
from those of another individual, legal entity or organization;
2. the mark that consists exclusively of signs or indications which is served, in
trade, to designate the kind, quality, quantity, intended purpose, value, place of origin, of
the goods, or the time of production, or of signs that have become customary in the
current language or in the good faith and established practices of the trade in the Lao
PDR;
3. the mark that is of such a nature as to deceive or mislead the public or trade
circles in which the mark is used or is of a fake or fraudulent nature;
4. the mark that consists of or comprises sign that mislead the public as to the
origin, nature, the manufacturing process, the characteristics, the suitability for their
purpose, or the quantity, of the goods or services;
5. the mark that consists of or contains, without authorization from the relevant
governmental entity, armorial bearings, flags, or other national emblems, and official
signs, hallmarks, abbreviations or full names of towns, municipalities, provinces or capital
of the Lao PDR or foreign countries;
6. the mark that consists of or contains, without authorization from the relevant
state or international organization, an emblem of an international organization or symbols
created by international conventions, official seals or symbols of state or international
organizations;
7. the mark that consists of or contains, without authorization, the name, image,
or likeness of a living person;
8. the mark that consists of or contains, without authorization images of cultural
symbols or historical monuments, or the name, image, or likeness of a national hero or a
leader, or the mark would be offensive or contrary to the fine traditions of the nation;
9. the mark that is identical or similar to trademarks already registered for the
same, similar, or related goods or services;
10. the mark that is identical, or similar to a well-known mark for the same,
similar or related goods or services;
11. the mark that is identical, or similar to a trade name for a business that
provides the same, similar, or related goods and services;
12. the above-mentioned mark that would lead to a likelihood of confusion as to
the source of the goods or services or falsely suggest an association with the registered
mark or well-known mark or trade name, as appropriate;
13. the mark that consists of or bears a geographical indication which identifies a
place other than the true origin of the products;
14. the mark that consists of or bears a geographical indication which, although
literally true as to the territory, region or locality in which the goods originate, falsely
represents to the public that the goods originate in another territory;
15. the mark consists of or contains matter which may disparage or falsely
suggest a connection with persons, living or dead, institutions, beliefs, or national
symbols, or contempt, or disrepute;
16. the mark is of such a nature as to create confusion with the establishment, the
goods, or the industrial or commercial activities, of a competitor;
17. the mark is of such a nature that its use in the course of trade would discredit
production place of goods, or the industrial or commercial activities, of a competitor;
18. the mark is contrary to national security, social order, culture and the fine
traditions of the nation. The nature of the goods or services is not the case for denying of the registration
of the mark.
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Article 24. Objects Ineligible for Layout-designs of Integrated Circuits Registration
Objects ineligible for registration of an integrated circuit layout-design shall be as follows:
1. principles, processes, systems or methods operated by integrated circuits;
2. information or software contained in the integrated circuits.
Article 25 (revised). Geographical Indications Ineligible for Registration
Geographical indications ineligible for registration shall be as follows: 1. geographical indications which are likely to mislead or confuse consumers as
to the true source origin of goods;
2. names of geographical indications which have become customary names of
such goods in the Lao PDR;
3. geographical indication with respect to products of rice, coffee, tea and wine
for which the relevant indication is identical with the customary name of varieties of
rice, coffee, tea and grape existing in the Lao PDR;
4. geographical indication of another country where such geographical
indications are not or cease to be protected in their country of origin, or which have
fallen into disuse in that country;
5. geographical indications which are identical with or similar to protected
trademarks where use of the indications will lead to misunderstanding or confusion as
to the origin of the said goods;
6. a geographical indication that is homonymous with a protected geographical
indication for rice, coffee, tea and wine.
Chapter 3
Protection of Industrial Property
Article 26 (revised). Persons Eligible for Protection of Industrial Property
Persons eligible for protection of industrial property shall be as follows: 1. a Lao citizen or resident in the Lao PDR, or a legal entity or organization
established under the laws of the Lao PDR;
2. an individual that is a national of any country which is a member of the
Paris Convention or other international agreement relating to the protection of industrial
property and of which the Lao PDR is also a member;
3. an individual who is a resident of the Lao PDR or of the territory of any
member of the Paris Convention or other international agreement relating to the
protection of industrial property and of which the Lao PDR is also a member;
4. an individual, legal entity or organization with a real and effective
industrial or commercial establishment in the territory of any member of the Paris
Convention or of any other international agreement that relates to the protection of
industrial property and of which the Lao PDR is also a member.
Foreign individuals, legal entities or organizations are eligible for protection of
industrial property no less favorable than Lao citizens.
Article 27 (revised). Filing of Applications
Domestic or foreign individuals, legal entities or organizations may apply for registration of their industrial property with the Ministry of Technology and Science or with an international intellectual property registration organization to which the Lao PDR is a party.
Any individual, legal entity or organization residing in a foreign country
wishing to apply for industrial property registration shall have a business premise or an
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authorized representative in the Lao PDR.
The applicant without a business premise or residence in the Lao PDR shall
appoint an authorized representative in the Lao PDR to carry out transactions related to
intellectual property in the Lao PDR.
The application shall include the documents set forth from Articles 31 to
Article 35 of this law.
Article 28 (revised). Principles for Consideration of Applications
In case there are more than one applications are filed for the same subject matter, registration of industrial property shall be awarded on the basis of the application with the earliest filing date, taking into account the priority date (if applicable), where such application satisfies the requirements for the protection requested.
Article 29 (revised). Priority Date
An applicant requesting for a patent or petty patent, registration of an industrial design or trademark may claim priority date based on one or more earlier applications submitted to the Ministry of Science and Technology, or in another country or an office for registration of other industrial property in accordance with international treaties or agreements to which the Lao PDR is a party.
The applicant who was first granted priority date in the Lao PDR or in another
country or an office for registration of other an industrial property in accordance with
international treaties or agreements to which the Lao PDR is a party is deemed as the
priority date of the applicant for patent, petty patent, registration of an industrial design or
trademark submitted in the Lao PDR.
Once a priority date is granted, all document related to patent, petty patent,
registration of an industrial design or trademark that subsequently filed before the
expiration of the priority periods shall not be invalidated by reason of any acts
accomplished in the interval, in particular, another filing, the publication or exploitation of
the invention, the putting on sale of copies of the design, or the use of the mark, and such
acts cannot give rise to any third-party right or any right of personal use.
After a priority date claim is submitted, the applicant shall submit a copy of the
application on which the priority claim is based in the Lao PDR, a certificate of priority
date must be certified by the authority which received such application and showing the
date of filing. Such documents shall not require any authentication, and may be filed,
without fee, at any time within three months of the filing of the application in the Lao
PDR.
If an applicant claiming priority does not satisfy the requirements to establish
priority, the priority claim shall be deemed to have been waived. In such case, or where
no priority is claimed or an application is received after the expiration of the specified
priority period, the effective filing date shall be the actual filing date of the complete
application in the Lao PDR.
For patents and petty patents the priority period is twelve months from the
priority date. For industrial designs and trademarks the priority period is six months from
the priority date.
Article 30 (revised). Temporary Protection of Inventions, Utility Innovations, Industrial
Designs and Trademarks at Certain Exhibitions
Inventions, utility innovations, industrial designs and trademarks in respect of products or goods or services officially exhibited or at international recognized exhibitions shall be granted a temporary protection upon request of owners of the products or goods or services, the request for such protection is filed within six months from the date on which they are exhibited at such exhibition.
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The temporary protection shall be deemed to have been filed on the date on which
the product or goods or services were first exhibited.
The temporary protection shall not be applied so as to extend any other claim of
priority.
Article 31 (revised). Application for a Patent or Petty Patent
An application for a patent or petty patent shall include the following documents:
1. a prescribed application form for a patent or petty patent;
2. if the applicant is represented, a power of attorney and the name and
address of the applicant’s representative in the Lao PDR;
3. description that discloses the invention or utility innovation in such clear
and complete terms as to enable a person of ordinary skill in the relevant field of
technology to understand and exploit the invention or utility innovation; the description
shall disclose the best mode of making or using the invention or utility innovation;
4. description for claims that clearly specify the subject matter to be protected
and are supported by the description;
5. drawings where necessary;
6. abstract;
7. receipt for payment of fees and service charges.
The application may include a claim for priority date (if any) as provided in
Article 29 of this law.
An application for a patent or petty patent shall relate to one invention or utility
innovation only or a group of related inventions or utility innovations so linked as to
form a single inventive concept as per the international classifications.
The Ministry of Science and Technology shall accept the application and
assign a filing date to an application that contains at least documents as provided in items
1, 3 and 7 of the above-mentioned paragraphs:
Any individual, legal entity or organization wishes to obtain a patent or petty
patent, shall satisfy all requirements within specified time set by the Ministry of
Science and Technology.
Article 32 (revised). Application for Registration of Industrial Design
An application for registration of industrial design shall include the following documents:
1. a prescribed application form for registration of the industrial design; 2. if the applicant is represented, a power of attorney and the name and address
of the applicant’s representative in the Lao PDR; 3. one or more drawings or photographs that clearly disclose the industrial
design as needed to illustrate its appearance;
4. a brief statement of the type of goods to which the industrial design relates;
5. receipt of payment of fees and service charges.
The application may include a claim of priority as provided in Article 29 of this
law (if applicable).
Each application for industrial design registration shall apply to a single
industrial design or a series of related designs for a single class as per the international
classifications.
The Ministry of Science and Technology shall accept the application and
assign a filing date that contains, at least documents as provided in items 1, 3 and 5 of the
above-mentioned paragraph
Any individual, legal entity or organization wishes to apply for registration of
industrial design, shall satisfy all requirements within the specified time period set by the
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Ministry of Science and Technology.
Article 33 (revised). Application for Registration of Trademark
An application for registration of trademark shall include the following documents:
1. a prescribed application form for registration of trademark;
2. if the applicant is represented, a power of attorney and the name and
address of applicant’s representative in the Lao PDR
3. a clear drawing or other image or specimen of the mark;
4. description of the goods to which the trademark shall be applied or the
services in connection with which it will be used; if the application relates to a collective
trademark or certification mark, the application shall so indicate and shall include a
description of the way the mark is to be used;
5. receipt for payment of fees and service charges.
The application may include a claim of priority date (if any) as provided in
Article 29 of this law.
One registration application is valid for only one trademark but may apply to
more than one class of goods or services as per the international classifications, subject
to the payment of a fee for each class of goods or services.
The Ministry of Science and Technology shall accept the application and
assign a filing date that contains, at least documents as provided in items 1, 3 and 5 of the
above-mentioned paragraph
Any individual, legal entity or organization wishes to apply for registration of
industrial design, shall satisfy all requirements within the specified time period set by the
Ministry of Science and Technology.
Article 34 (revised). Application for Registration of Layout-designs of Integrated Circuit
An application for registration of layout-design of integrated circuit shall include
the following documents:
1. a prescribed application form for registration of layout-design of integrated
circuit;
2. If the application is represented, a power of attorney and address of applicant’s
representative in the Lao PDR;
3. description of the first commercial use of the layout-design or integrated circuit
in which it is embodied;
4. drawings of the layout-design integrated circuit sufficient to identify the
layout-design;
5. If the integrated circuit has been commercially exploited, a description of the
electronic function that the integrated circuit perform or is intended to perform;
6. receipt for the payment of fees and service charges.
One registration application is valid for only one integrated circuit layout- design.
The Ministry of Science and Technology shall accept the application and
assign a filing date that contains, at least documents as provided in items 1, 3 and 6 of the
above-mentioned paragraph.
Any individual, legal entity or organization wishes to apply for registration of
integrated circuit layout-design, shall satisfy all requirements within the times set by the
Ministry of Science and Technology.
Article 35 (revised). Application for Registration of Geographical Indications
An application for registration of geographical indications shall include the following documents:
1. a prescribed application form for registration of the geographical indication;
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2. if the applicant is represented, a power of attorney and the name and
address of applicant’s representative in the Lao PDR;
3. a clear image of the geographical indication;
4. statement of the geographical region to which the proposed geographical
indication applies;
5. goods to which the proposed geographical indication applies and applicable
methods of control;
6. statement of the basis on which the proposed geographical indication is
claimed to be a geographical indication, and evidence in support of such statement;
7. where the geographical application is based on protection in a foreign country,
evidence that the geographical indication is protected in its country of origin;
8. receipt for payment of fees and service charges. One registration application is valid for only one geographical indication.
The Ministry of Science and Technology shall accept the application and
assign a filing date that contains, at least documents as provided in items 1, 3, 5 and 8 of
the above-mentioned paragraph.
Any individual, legal entity or organization wishes to apply for registration of
geographical indication, shall satisfy all requirements within the times set by the Ministry
of Science and Technology.
Article 36. Provision of Additional Information
Where an application has previously been filed abroad and such application contains some or all of the same subject matter as the application filed in the Lao PDR, the applicant shall disclose such prior filings. The Ministry of Science and Technology may require the applicant to submit, or the applicant may on its own initiative submit copies of relevant documents, in particular, a search or examination report or copy of the patent or petty patent or industrial property registration certificate obtained abroad.
Article 37. Language Used for Filing an Application
An industrial property application and any accompanying material may be filed in either the Lao language or in the English language. Provided however, that for any application or document filed or submitted in English, the applicant must, within ninety days of such filing, supply a translation into the Lao language. Such translation must be certified to be a correct translation.
Article 38 (revised). Formality Examination of Industrial Property Registration
Application
The Ministry of Science and Technology will conduct a formality examination of each industrial property application to ensure that the application is complete, in correct form, and that fees and service charges have been paid. The Ministry of Science and Technology will notify the applicant whether the application is sufficiently complete to receive a filing date.
If the application is sufficiently complete to receive a filing date but it appears
that the application is incomplete or otherwise incorrectly filed, the Ministry of Science
and Technology will inform the applicant to complete the application within sixty days of
notification.
Article 39 (revised). Publication of Industrial Property Application
After the Ministry of Science and Technology has completed its formality examination of the application for an invention or utility invention, the application would be published in the official industrial property gazette in the nineteenth month after filing date of the application.
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With regard to applications for industrial designs, trademarks, layout-design of
integrated circuits and geographical indications shall be published after the completion of
the formality examination.
The third party may lodge a refusal claim against such application within ninety
days for paten and pretty patent [and] sixty days for industrial designs, trademarks, layout-
design of integrated circuits and geographical indications from the date of publication on
the official industrial property gazette.
Article 40 (revised). Substantive Examination of Industrial Property Applications
After completion of formality examination of the application, the Ministry of Science and Technology will examine as to substance the invention, utility invention, industrial design, trademark and geographical indication applications for registration.
The layout-design of integrated circuit registration application is not examined
as to substance.
Article 41 (revised). Claim to Carry out Substantive Examination of Industrial Property
Applications
An application for a patent is subject to a substantive examination to determine
whether it meets the requirements for patentability or for obtaining a petty patent as
described in this law. The substantive examination shall be based on a search of
existing technical knowledge. Where the application has previously been subject to a
search or examination by another authority the applicant shall submit a copy of the
report of such authority and request the Ministry of Science and Technology to consider
issuing patent and petty patent without conducting any further search.
If the applicant is unable to provide substantive examination reports for the
invention or utility innovation which is the subject of the application, the applicant may
submit a request to the Ministry of Science and Technology to examine as to substance
the application. The Ministry of Science and Technology will undertake the examination
within the following time frames thirty-two months for an invention and twelve months
for a utility innovation from the date of filing the application or the priority date.
However, all expenses incurred in the request for the examination of the invention
or utility innovation registration application shall be the burden of the requestor. The
expenses for the substantive examination depend on determination of each patent office of
another country or of international organization dealing with examination of patent which
shall conduct such substantive examination periodically.
The registration applications for industrial design, integrated circuit layout-
design, trademark and geographical indication will not be requested to examine as to
substance.
Article 42 (revised). Amendment and Division of Application
At any time, an application is pending before the Ministry of Science and Technology but before it is in order for grant an applicant may amend or divide the application based on the following conditions:
1. amend the application without paying fees and service charges;
2. upon payment of the application fees, divide the application into two or
more divisional applications or re-file the application with or without amendments;
3. upon payment of the application fees and service charges, refill the
application to change the form of protection requested.
An amendment as provided in item 1 of paragraph 1 of this Article shall not:
1. introduce new technical information not supported by the original application
into an application for a patent, petty patent, or registration of an integrated circuit
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layout-design;
2. change the essential appearance of an industrial design or the essential
nature of a mark or geographical indication.
Where an application is divided or refilled as provided in item 2 or 3 of paragraph
1 of this Article, the application shall be entitled to filing date and priority date as set forth
in the implementing regulations.
Article 43 (revised). Abandonment of Industrial Property Application
Industrial property application shall be deemed abandoned under the following conditions:
1. the application is incomplete;
2. the industrial property does not meet the requirements for protection;
3. the applicant is not entitled to apply for registration;
4. the applicant fails to pay the required fees and service charges for the
application or to maintain the protection in force;
5. the applicant did not request substantive examination of the invention or utility
registration application within the period provided for in Article 41 of this law;
6. the applicant does not correct the above items 1, 3, 4 and 5 within the
specified time period set by the Ministry of Science and Technology.
Article 44 (revised). Registration
After consideration and examination of the industrial property registration
application which is considered to fulfill the requirements provided for in this law, the
Ministry of Science and Technology will issue a patent, petty patent or industrial property
registration certificate, enter the registration in the registrar and publish the
registration on the official industrial property gazette.
Where the registration has been done, the third party may request a cancellation
or elimination of such registration within period of five years from the date of publication
in the official industrial property gazette.
Article 45 (revised). Termination of Industrial Property Rights
Patents, petty patents, and industrial property registrations shall terminate
asfollows:
1. the term of protection is expired; 2. the industrial property owner fails to renew the registration and pay the
applicable fees and service charges, in which case, rights shall terminate as of the end
of the term for which protection was granted and the fees and service charges were paid;
3. the patent, petty patent, or registration is invalidated based on a finding that
one or more requirements for protection have not been satisfied; where such finding
applies to only a portion of the industrial property, the termination shall apply only to
such portion as is invalidated. In such case, the invalidation shall be effective as from the
grant of the patent, petty patent, or registration;
4. failure to the commercial exploitation, the industrial property rights will be
terminated after the final decision by the competent court.
Chapter 4
Industrial Property Rights Owner
Article 46. Industrial Property Rights Owner
After obtaining lawful patent, petty patent, or registration, the applicant shall become the owner of the industrial property.
In the case that the industrial property creation or design is hired out, the
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industrial property owner shall be the hirer, except where agreed otherwise by the
parties.
Article 47 (revised). Rights of the Industrial Property Right Owner
The industrial property right owner has the following rights: 1. to enjoy the benefits derived from the exploitation of the industrial
property;
2. to transfer all or part of the owner’s rights to another person by sale,
exchange, rent or assignment;
3. to permit another person to exploit all or part of the owner’s rights to the
industrial property;
4. to inherit industrial property and to pass ownership of the industrial property
by inheritance;
5. to take legal action to protect its industrial property from violation by other
parties.
Chapter 5
Term of Protection of Industrial Property
Article 48 (Revised). Term of Protection of Patents
The term of protection of patents shall be twenty years from the date of filing the
application for registration.
In order to maintain the term of protection, the patent owner shall pay annual
fees and service charges in advance.
Article 49 (revised). Term of Protection of Petty Patents
The term of protection of petty patents shall be ten years from the date of filing the application for registration.
In order to maintain the term of protection, the petty patent owner shall pay
annual fees and service charges in advance.
Article 50 (revised). Term of Protection of Industrial Designs
The term of protection of industrial designs shall be fifteen years from the date of filing the application for registration.
In order to maintain the term of protection, the industrial design owner shall
pay fees and service charges every five years in advance.
Article 51 (revised). Term of Protection of Trademarks
The term of protection of trademarks shall be ten years from the date of filing application for registration. Upon expiry the term of protection may be indefinitely renewed and each period of renewal will be for ten years.
In order to maintain the term of protection the owner of the trademark shall pay
fees and service charges every ten years in advance.
Article 52 (revised). Term of Protection of Layout-designs of Integrated Circuits
The term of protection of layout-designs of integrated circuits shall be twelve years from the date of filing the application for registration.
In order to maintain the term of protection the layout-design of integrated
circuit owner shall pay annual fees and service charges in advance.
Article 53 (revised). Term of Protection of Geographical indications
The term of protection of geographical indications is unlimited and commences
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from the date of receipt of the registration certificate and payment of a one-time fee and service charge.
Article 54 (new). Term of Protection of Trade Names
The term of protection of trade names is unlimited until the owner of such trade
names stops using it.
Article 55. Term of Protection of Trade Secrets
Trade secrets are protected for an unlimited period or until their secrecy is lost.
Chapter 6
Rights and Obligations of the Industrial Property Owner
Article 56. Rights of the Patent and Petty Patent Owner
A patent owner has the following rights: 1. In case the patent is for a product:
1.1. the right to prevent others, without the owner’s authorization, from
making, importing, offering for sale, selling, or using the patented products;
1.2. the right to prevent others, without the owner’s authorization, from
keeping such products for the purposes of offering for sale, sale or use;
2. In case the patent is for a process:
2.1. the right to prevent others without the owner’s authorization, from
using that process;
2.2. the right to prevent others, without the owner’s authorization, from
actions defined in item 1, for a product obtained directly from the patented process.
3. authorize individual, legal entity or organization other than the patent owner
to undertake any of the acts described in items 1 and 2 of this Article in Lao PDR;
4. to protect their rights under the law and regulations against infringements by
others such as to institute court action, [and] right to compensation from damages caused
by others;
5. to prevent others from exploiting the patented invention from the time that
the patent is issued. The owner may bring a suit for acts of infringement occurring
during the pendency of the application only after the patent is granted and only for acts
occurring after publication during pendency or if the infringer had notice of the patent
application.
For petty patent owners, rights shall be applied likewise as to those of patent
owner, mutatis mutandis.
Article 57. Rights of the Industrial Design Owner
An industrial design owner has the right to prevent third parties not having the owner's consent from making, selling or importing articles bearing or embodying an
industrial design which is a copy or imitation of the protected design, when such acts are
undertaken for commercial purposes.
The provisions of items 3, 4 and 5 of Article 56 of this law shall apply mutatis
mutandis, provided however, that where publication is delayed, no suit shall be brought
except where the relevant information is first notified to the person being sued.
Article 58. Rights of the Trademark Owner
A trademark owner has the following rights: 1. to prevent all third parties from using in the course of trade identical or similar
signs for goods or services which are identical, similar, or related to those in respect of
which the trademark is registered where such use would result in a likelihood of
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confusion;
2. to prevent the sale or advertising of goods bearing the mark or the use of
the mark in connection with services, and the importation or export of goods bearing
such a mark;
3. to protect their rights under the law and regulations against infringements by
others such as to institute court action, [and] right to compensation from damages caused
by others.
The rights described in items 1 and 2 of this Article shall not prejudice any
existing prior rights.
The rights described above shall apply mutatis mutandis to well-known marks
and to trade names without regard to whether they are registered.
Article 59. Rights of Integrated Circuit Layout-Design Owner
An integrated circuit layout-design owner has the right to prevent others without the owner’s authorization from:
1. Reproducing a layout-design circuit in its entirety, whether by incorporating it
into an integrated circuit or otherwise;
2. Reproducing any part of the integrated circuit, whether by incorporating it
into an integrated circuit or otherwise, except where the act of reproducing any part that
does not require with the requirement of originality referred to item 1 of Article 17 of this
law;
3. importing, selling, or otherwise distributing for commercial purposes a
protected layout-design or an integrated circuit in which a protected layout- design is
incorporated;
4. importing, selling, or otherwise distributing for commercial purposes an
article incorporating or an integrated circuit in which a protected layout- design has been
incorporated, but only to the extent that it continues to contain an unlawfully reproduced
layout-design.
It shall not be unlawful to perform any of the acts in respect of an integrated
circuit incorporating an unlawfully reproduced layout-design or any article
incorporating such an integrated circuit where the person performing or ordering such acts
did not know and had no reasonable ground to know, when acquiring the integrated circuit
or article incorporating such an integrated circuit, that it incorporated an unlawfully
reproduced layout-design, provided however that after the time such person has received
sufficient notice that the layout-design was unlawfully reproduced, that person may
perform any of the acts with respect to stock on hand or ordered before such time but shall
be liable to pay the right holder a sum equivalent to a reasonable royalty such as would be
payable under a negotiated license in respect of such layout-design.
It shall not be unlawful for a private party to reproduce an integrated circuit
layout-design for the sole purpose of evaluation, analysis, research, or teaching.
The holder of the right shall not exercise his right in respect of an identical
original layout-design that was independently created by a third party.
Article 60 (revised). Rights of Geographical Indication Registration Owner
The owner of the registration of a geographical indication shall have the following rights:
1. to prevent others from applying the geographical indication to goods or
including the geographical indication in a trademark, and to prevent the sale,
advertising, importation, or export of goods bearing such indication or including the
geographical indication in such trademark;
2. to object to the use of a geographical indication in item 1 above where
related to wines or spirits, even in translation or accompanied by expressions
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such as "kind", "type", "style", "imitation" or the like;
3. to protect a geographical indication against a geographical indication
which, although literally true as to the territory, region or locality in which the goods
originate, falsely represents to the public that the goods originate in another territory;
4. to protect their rights under the law and regulations against infringements by
others such as to institute court action, [and] right to compensation from damages caused
by others.
Only producers who carry out business undertakings within the geographical
region specified for the geographical indication may use the registered geographical
indication on or in connection with the goods to which the geographical indication relates.
Any act which is an infringement as described in item 1 or 2 of this Article
shall be an act of unfair competition, including the use of any means in the designation
or presentation of a good that indicates or suggests that the good originates in a
geographical area other than its true place of origin and in a manner that misleads the
public as to the geographical origin of the good.
The rights provided in items 1 and 2 of this Article shall be applicable to an
indication of goods that is confusingly similar to the protected geographical indication
or that are homonymous with it.
Article 61. Rights of Proprietor of Trade Secret
The proprietor of a trade secret has the following rights: 1. to prevent trade secret information lawfully in his control from being
disclosed to, acquired by, or used by others without their consent in a manner contrary to
honest commercial practices, except:
1.1. discovery of the information by reverse engineering, laboratory testing
or analysis, or similar means;
1.2. acquiring the information without an obligation of confidentiality or
trust.
2. to protect their rights under the law and regulations against infringements by
others such as to institute court action, [and] right to compensation from damages caused
by others;
3. to prevent individual, legal entity or organization from misappropriating
the trade secret;
4. to disclose, withdraw or utilize trade secret or transfer to other person for
disclosure, withdrawal or utilization of trade secret, by defining contents and
requirements of keeping secret;
5. to control any person who is lawfully in control of the trade secret from
employment or a contract or other agreement, where such obligation of confidentiality
shall remain in effect so long as the information remains secret even where the
employment, contract or other agreement terminates sooner;
No registration is required for trade secret.
Article 62. Protection of Test or Other Data
Where marketing approval of pharmaceutical or of agricultural chemical
products that utilize a new chemical entity is conditioned on the submission of undisclosed test or other data, the origination of which involves a considerable effort, such data shall be protected against unfair commercial use and against disclosure without the
consent of the person that originated such data, provided however that such data may be disclosed to the extent necessary to protect the public. No person other than the person that submitted the data may, without the latter's permission, rely on such data in support of
an application for product approval during a period of five years after the date on which the Lao PDR granted approval to market the product to the person that produced the data.
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Any act in violation of this Article shall be an act of unfair competition. The
owner of data described in this Article shall have the right to take measures to enforce
rights under this Article and shall have the right, subject to any exceptions provided in
this law, to institute court action against an individual, legal entity or organization who
performs such acts of unfair competition or who performs acts that make it likely that
such acts of unfair competition will occur.
Article 63. Obligations of the Industrial Property Owner
An industrial property owner has following obligations: 1. to be responsible for the protection and management of its rights through
monitoring and inspection of the use of the industrial property as provided for in this law;
2. to be responsible to encourage and promote the use of its industrial
property by society based on mutual benefit;
3. to be responsible for providing information about violations of its industrial
property to the state organizations responsible for such activities;
4. to make financial obligations to the state pursuant to laws and regulations
derived from the exploitation, leasing, transfer or inheritance of the industrial property or
arising from other benefits;
5. to be responsible for coordinating the remedy of violations of its industrial
property.
Chapter 7
Limitation of Rights on Industrial Property
Article 64. Authorization to Exploit without Permission of Patent or Petty Patent Owner
By the Order of the Prime Minister, the Ministry of Science and Technology
may authorize an individual, legal entity or organization to produce, use, or importation
of a patented invention or utility innovation without authorization from the patent or
petty patent owner subject to the provisions of this article.
1. Such authorization shall be permitted only in the following cases:
1.1. in situations of national emergency or circumstances of critical and
extreme urgency such as a disaster, epidemic, or war;
1.2. for non-commercial use by the Government to meet the needs for
public benefits, especially relating to national defence and public order, food,
or public health, or for other urgent needs;
1.3. to remedy a practice determined after judicial process to be anti-
competitive and where the court is satisfied that the exploitation of the protected
invention is necessary to correct the anti-competitive practice;
1.4. For failure to work the invention or utility innovation so as to satisfy its
reasonable demand in the Lao PDR.
2. Each authorization of such use shall be considered on its individual merits, and
the scope and duration of such use shall be limited to the purpose for which it was
authorized. The right holder shall have the right to present evidence opposing the grant
of such authorization, and to propose alternative terms to satisfy domestic demand for the
invention or utility innovation;
3. Such use shall be non-exclusive and non-transferrable, even in the form of the
grant of a sub-license, except with that part of the enterprise or goodwill which
enjoys such use; 4. The authorization shall provide that the right holder shall be paid adequate
remuneration in the circumstances of each case, taking into account the economic value of
the authorization. The order granting the authorization shall specify the amount of
compensation, or how it shall be determined, and any terms for payment thereof. The
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right holder shall have the right to propose terms for compensation, how it shall be
determined, and terms for payment thereof. The need to correct anti-competitive
practices may be taken into account in determining the amount of remuneration in
cases under item 1.3 of this Article;
5. the right holder may request the Ministry of Science and Technology to
reconsider on the appropriate value of the compensation or unreasonable circumstances
within sixty days from the date of receiving the notice;
6. the Ministry of Science and Technology shall immediately notify of any
decision to grant such authorization to the right holder and of any decision on the
compensation to be paid to the right holder;
7. for authorizations under items 1.1, 1.2 or 1.4 of this Article: 7.1. any such use shall be authorized predominantly for the supply of the
domestic market of the Lao PDR;
7.2. such use shall only be permitted if, prior to such use, the proposed user has
made efforts to obtain authorization from the patent or petty patent owner on reasonable
commercial terms and conditions and that such efforts have not been successful within a
reasonable period of time;
7.3. the requirement of item 7.2 of this Article may be waived in case of a
national emergency or circumstances of critical and extreme urgency, in which case the
right holder shall, nevertheless, be notified as soon as reasonably practicable;
7.4. The requirement of item 7.2 of this Article may be waived in cases of
public non-commercial use. Where the Government or contractor, without making a
patent or petty patent search, knows or has demonstrable grounds to know that a valid
patent or petty patent is or will be used by or for the Government, the right holder shall be
informed promptly.
8. the legal validity of any decision relating to the authorization of such use,
and any decision relating to the remuneration provided in respect of such use, shall be
subject to judicial review. Any such appeal as to the grant of the authorization shall be
filed within sixty days of the notice;
9. where authorization is requested by a third party pursuant to item 1.4 of this
Article, such request must satisfy the following requirements:
9.1. the request shall not be submitted earlier than four years from the date of
filing of the patent application or three years from the date of the grant of the patent,
whichever period expires last;
9.2. the party making such request shall present evidence that the demand for the
patented invention or utility innovation is unmet in the Lao PDR, whether by local
manufacture or importation, and that the party making the request has the ability to
supply the invention or utility innovation on reasonable terms if the requested
authorization is granted. Such evidence shall take into account the need to pay
remuneration to the patent or petty patent owner;
9.3. the Ministry of Science and Technology shall notify the patent or petty
patent owner of the request within ninety days and shall provide the patent or petty
patent owner with an opportunity to present evidence (if applicable), to justify the
failure to satisfy demand for the invention or utility innovation by legitimate reasons;
9.4. such authorization shall be refused if the patent or petty patent owner
justifies his failure to work or to satisfy demand in the Lao PDR by legitimate reasons.
10. in no case shall such authorization operate to deprive the patent or petty
patent owner of the right to continue to exploit the invention or utility innovation;
11. an authorization granted herein may be amended as to its terms, taking into
account the continued existence of an emergency or of a new emergency, subject to the
provisions and protections provided herein;
12. authorization for such use shall be liable, subject to adequate protection of the
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legitimate interests of the persons so authorized, to be terminated if and when the
circumstances which led to it cease to exist and are unlikely to recur, or where the
authorized party fails to fulfill the requirements contained in the order authorizing such
party’s use of the invention or utility innovation:
12.1. the Ministry of Science and Technology shall have the authority to
review, upon request of the right holder or other concerned party, the continued existence
of the circumstances that were the basis for such authorization;
12.2. if it appears that the circumstances that were the basis for the
authorization have ceased to exist and are likely to reoccur, the Ministry of Science and
Technology may make reasonable provision to provide adequate protection of the
legitimate interests of persons receiving such authorization;
12.3. the Ministry of Science and Technology shall have the authority to
refuse termination of authorization if and when the conditions which led to such
authorization are likely to recur.
Article 65. Non-Use of Trademarks
A non-use of trademark is the following cases: 1. the trademark has not been used for a consecutive period of five years;
2. the trademark has been used merely token use or such use not been in good
faith by the owner.
Any individual, legal entity or organization may request to the Ministry of Science
and Technology to cancel or revoke the registration of the non-use of the trademark. In
any cancellation or revoke proceeding, the owner shall be entitled to present reasons
justifying the non-use of the trademark. Force major to such use arising independently of
the will of the owner shall be recognized as valid reasons for non-use.
A trademark is used if it is used on or in connection with the goods or services of
the trademark for which it is registered, by the owner or by another with authorization of
the owner and subject to the owner’s control.
Article 66. Conditions on Layout-designs of Integrated Circuits
In the case that a layout-design integrated circuit is exploited for commercial benefits, whether within or outside the country, the application for registration of the
layout-design integrated circuit must be filed within two years of the first commercial
exploitation of the layout-design of integrated circuit, in any event, the term shall not
exceed 15 years from the date of creation.
Article 67 (revised). Exploitation of Geographical indications
Where the registrant fails to perform under the requirements of the registration of the geographical indications, individual, legal entity or organization may bring an
action to the Ministry of Science and Technology to suspend the exploitation of a
registered geographical indication. The Ministry of Science and Technology shall notify
the registrant to comply with the requirements and within the time-period provided. If the
registrant fails to do so, the exploitation of such geographical indications shall be
suspended.
Part IV
New Plant Variety
Chapter 1
New Plant Variety Requirements
Article 68 . Genera and Species
The genera and species are described in the separate regulations.
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Article 69 (revised). Requirements for Registration of New Plant Varieties
A plant variety to be registered as a new plant variety shall meet all the following requirements:
1. new;
2. distinct;
3. uniform;
4. stable.
In addition to the above-mentioned requirements, a denomination of the new plant
variety shall be taken into account.
Article 70 (revised). Novelty
A variety shall be deemed to be new if, at the date of filing of the application for a breeder’s right, propagating or harvested material of the variety has not been sold
or otherwise disposed of to others, by or with the consent of the breeder, for purposes of
exploitation of the variety within the time period:
1. one year and lower before the date of filing of the national application; [or]
2. four years and earlier, or in the case of trees or vines, six years and lower before
the said date in any other territory.
Article 71 (revised). Distinctness
The variety shall be deemed to be distinct if it is clearly distinguishable from any other variety whose existence is a matter of common knowledge at the time of the
filing of the application.
The newly registered variety in any country shall be deemed as the variety is a
matter of common knowledge.
Article 72. Uniformity
The variety shall be deemed to be uniform if, subject to the variation that may be expected from the particular features of its propagation, it is sufficiently uniform in
its relevant characteristics.
Article 73. Stability
The variety shall be deemed to be stable if its relevant characteristics remain unchanged after repeated propagation or, in the case of a particular cycle of propagation,
at the end of each such cycle.
Article 74 (revised). Variety Denomination
Variety denomination shall be conducted as follows: 1. Each variety shall be designated by a denomination which will be its
generic designation. No rights in the designation registered as the denomination of the
variety shall hamper the free use of the denomination in connection with the variety,
even after the expiration of the breeder’s right;
2. A proposed denomination must enable the variety to be identified. It must not
be liable to mislead or to cause confusion concerning the characteristics,
value or identity of the variety or the identity of the breeder. It must be different from
every denomination which designates, in the territory of the Lao PDR or any foreign
country, an existing variety of the same plant species or of a closely related species;
3. The denomination shall be registered at the same time as the breeder’s right is
granted in accordance with requirements set forth in the regulations;
4. Any individual, legal entity or organization who, within the territory of the Lao
PDR, offers for sale or markets propagating material of a variety protected within the said
26
territory shall be obliged to use the denomination of that variety even after the
expiration of the breeder’s right in that variety, except where prior rights prevent such
use of denomination of this Article;
5. When a variety is offered for sale or marketed, it shall be permitted to associate
a trademark, trade name or other similar indication with a registered variety denomination.
If such an indication is so associated, the denomination must nevertheless be easily
recognizable.
Chapter 2
Registration of New Plant Varieties
Article 75 . Eligibility to Submit an Application
Any individual, legal entity or organization eligible to submit an application is as follows:
1. any breeder as defined above may file an application for breeder’s rights;
2. where two or more persons have jointly bred a new variety, such persons
may jointly apply for plant breeder’s rights. In the absence of any special declaration of
the apportionment of ownership, they are presumed to be owners of equal part of the
concerned variety;
3. a foreign individual, legal entity or organization shall enjoy within the
territory of the Lao PDR the same treatment as is accorded to Lao nationals,
subject to the requirement that a party that does not have a residence or business premises
shall appoint a representative with such premises in the Lao PDR.
Article 76 (revised). Priority Date
A claim of priority is as follows: 1. A breeder who filed an application for a new plant variety registration in any
country that is a party of international convention related to plant variety protection to
which the Lao PDR is a party shall enjoy the priority date in submission of the application
for the grant of the same variety breeder's right in the Lao PDR for a period of twelve
months from the date of filing the first application.
2. If the first filing application was made in a country or an intergovernmental
organization is a non-participant of international convention related new plant variety
protection to which the Lao PDR is a party, the applicant shall enjoy the priority date once
the country or the intergovernmental organization granted the protection right to plant
breeders from the Lao PDR.
3. an applicant who applied for registration of new plant variety may request for
the priority date based on one or more applications which previously submitted at an
office for registration of new plant variety of the Lao PDR or in an oversea country or an
international organization to which the Lao PDR is a party within a period of three
months from the filing date of the Lao application, a copy of the documents [and] the
application that constitute the first application, certified to be a true copy by the authority
with which that application was filed, together with samples or other evidence that the
variety which is the subject matter of both applications is the same.
4. the breeder shall provide the Ministry of Science and Technology any
necessary information, document or material required for the purpose of the examination
under Article 80 of this law within a period of two years after the expiration of the
period of priority or an appropriate time, where the first application is rejected
or withdrawn. .
5. in case there is any incident occurred such as the filing of another application
or the publication or use of the variety that is the subject of the first application as
stipulated in item 1 of this Article, shall not constitute a ground for rejecting the
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subsequent application. Such events shall also not give rise to any third-party right.
Article 77. Application for Registration
Any individual, legal entity or organization eligible to apply for plant breeder rights may file an application to register a plant variety at Ministry of Science and Technology. Each application for registration of new plant variety shall relate to a single plant variety. An application for plant variety protection and any accompanying material may be filed in either the Lao language or in the English language. Such filing will be sufficient to establish a filing date or date of submission for the application or other materials, provided however, that for any application or document filed or submitted in English, the applicant must, within 90 days of such filing or submission, supply a translation into the Lao language. Such translation must be certified to be a correct translation.
Such application shall include the following elements:
1. an application form for plant breeder’s right;
2. name of the breeder, and if applicant is not the breeder, a statement of the
basis of applicant's ownership;
3. A power of attorney shall indicate the name and address of the representative
in the Lao PDR, in the event of the application submitted by the representative;
4. proposed new denomination;
5. description of the variety setting forth its distinctiveness, uniformity, and
stability and a description of the genealogy and breeding procedure;
6. a viable sample of the propagating material of the new variety or statement
related to propagating material;
7. where available, such data as required to determine whether the requirements
of distinctiveness, uniformity, and stability have been met;
8. such other information as may be required by the Ministry of Science and
Technology;
9. receipt for payment of the applicable fee and service charges.
An application may include a claim for priority date as provided in Article 76 of this law.
The Ministry of Science and Technology shall accept the application and assign a
filing date which shall consists of at least the documents as stipulated in items 1, 5 and 9
of the above paragraph.
Any individual, legal entity or organization wishes to register a new plant
variety shall fulfill all the requirements within the time set by the Ministry of Science
and Technology.
Article 78 (new). Examination of Application for New Plant Variety Registration
The Ministry of Science and Technology shall carry out an examination of
application for registration of new plant variety to be correct and complete as defined in
Article 77 of this law. If the application is correct and complete, the Ministry of Science
and Technology shall certify the filing date of the application for the applicant.
In the event that the application is incomplete or incorrect, the Ministry of
Science and Technology shall inform the applicant to correct it within sixty days from
the date notice issued.
Article 79 (new). Publication of New Plant Variety Registration
Once the formality examination is completed, the Ministry of Science and
Technology shall summarize the application for new plant variety registration and
publish the new plant variety on the official gazette.
A third party may object against such registration within ninety days from the
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date of publication.
Article 80 (revised). Substantive Examination of Application for New Plant Variety
Registration
An application for a new plant variety registration shall be subject to a substantive examination for compliance with the conditions as stipulated in Articles 69 to 73 of this law.
In the course of the examination, the Ministry of Science and Technology shall
cooperate with plant variety testing authorities concerned to carry out plant variety
plantation test or carry out other necessary tests, where the applicant shall be responsible
for the cost incurred for growing tests or consideration of growing test results or other
trials which have already been carried out. The costs of the growing tests or consideration
of growing test results or other trials depend on determination of each agricultural testing
center both in the country and abroad specified in each period.
The Ministry of Science and Technology may request a breeder to provide
information, documents or propagating materials or all harvested materials where
necessary.
In case an application has been filed in another country or intergovernmental
organization, the Ministry of Science and Technology shall request for a copy of the
application and report of an examination which certified by the plant variety protection
authority of such country or organization to be used for consideration of the
registration. An applicant may add to or correct the description at any time before the
certificate is issued, upon a showing acceptable to the Ministry of Science and
Technology that the revised description is retroactively accurate, but subject to
preventing an injustice to third parties.
Article 81(new). Registration
After formality examination, if the application for new plant variety registration
satisfied all requirements as stipulated in this law, the Ministry of Science and
Technology shall register and issue a certificate for new plant variety registration for the
applicant, record the registration and publish result of such new plant variety registration
on the official gazette.
Chapter 3
Rights and Obligations of the New Plant Variety Owner
Article 82 (revised). Rights of the New Plant Variety Owner
The new plant variety owner has the following rights: 1. to prevent individuals, legal entities or organizations from:
1.1. production, reproduction or additional production;
1.2. conditioning for the purpose of propagation;
1.3. offering for sale;
1.4. selling or distribution;
1.5. import;
1.6. export;
1.7. stocking for any of the purposes mentioned in items 1.1 to 1.6, above.
2. to make his authorization subject to conditions and limitations;
3. to protect their rights under the law and regulations against infringements
by others such as to institute court action, [and] rights to compensation from
damages caused by others.
The acts referred to in items 1.1 to 1.7 of this Article in respect of harvested
material, including entire plants and parts of plants, obtained through the unauthorized
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use of propagating material of the protected variety shall require the authorization of the
breeder, unless the breeder has had reasonable opportunity to exercise his right in
relation to the said propagating material. The provisions of this paragraph shall likewise
apply in respect of products made directly from harvested material of the protected
variety.
The provisions of paragraphs 1 and 2 of this Article shall also apply in relation
to the varieties as follows:
1. varieties which are essentially derived from the protected variety, where
the protected variety is not itself an essentially derived variety;
2. varieties which are not clearly distinguishable in accordance with Article 71
of this law from the protected variety;
3. varieties whose production requires the repeated use of the protected variety.
The plant variety owner is entitled a plant variety right obtained from substantial
genotype of original plant variety such as selection of a plant variety in nature, mutation
of a plant variety, somaclonal variant, selection of different type of variety for
propagating purpose with the original variety, genetic engineering of plant.
No individual, legal entity or organization other than the plant variety owner
shall undertake any of the acts described in paragraphs 1 through 4 of this Article in the
Lao PDR without authorization by the plant variety owner, and except as otherwise
provided in this law.
Article 83 (revised). Term of New Plant Variety Protection
The term of new plant variety protection shall be, for trees and vines, a fixed period of twenty-five years from the date of granting breeder’s right and for other varieties of plants, twenty years from the date of granting breeder’s right.
In order to maintain the term of protection, the new plant variety owner shall
pay annual fees and service charges in advance.
Article 84. Provisional Protection
During the period between the publication of the application for the grant of a breeder’s right and the grant of that right, the holder of a breeder’s right shall be entitled
to equitable remuneration from any person who, during the said period, has carried out
acts which, once the right is granted, require the breeder’s authorization as provided in
Article 82 of this law.
Article 85. Obligation of New Plant Variety Owner
The owner of the new plant variety has obligation as the same as industrial property owner under Article 63 of this law.
Chapter 4
Exceptions and Limitations Relating to New Plant Variety Owner’s Rights
Article 86 (revised). Exceptions to the Breeder’s Rights
The breeder’s rights are excluded in case there are: 1. acts done privately and for non-commercial purposes;
2. acts done for experimental purposes;
3. acts done for the purpose of breeding other varieties, and, except where
the provisions of paragraph 3 of Article 82 of this law apply, the acts of production or
reproduction (multiplication), conditioning for the purpose of propagation, offering for
sale, or selling or other marketing in respect of such other varieties.
The Ministry of Science and Technology shall limit the right as appropriate and
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protect legitimate right of the breeder in accordance with laws to limit rights of the
breeder to each plant variety in order to allow farmer use for propagating purposes, on his
or her own holdings, the product of the harvest obtained by such farmer by planting on
his or her own holdings, the protected variety or a variety covered by Article 82
paragraph 3, items 1 or 2 of this law.
Article 87. Exhaustion of the Breeder’s Right
The breeder’s right shall not extend to acts concerning any material of the protected variety, or of a variety covered by the provisions of paragraph 3 of Article 82 of this law, which has been sold or otherwise marketed by the breeder or with his consent in the territory of the Lao PDR, or any material derived from the said material, unless such acts as follows:
1. involve further propagation of the variety in question;
2. involve an export of material of the variety, which enables the propagation of
the variety, into a country which does not protect varieties of the plant genus or species to
which the variety belongs, except where the exported material is for final consumption
purposes.
For the purposes of paragraph (1) of this Article, “material” means, in relation to
a variety:
1. propagating material of any kind; 2. harvested material, including entire plants or parts of plants;
3. any product made directly from the harvested material.
Article 88 (revised). Measures Regulating Commerce
A breeder, even if the rights are granted, shall comply with administrative measures of the concerned authorities when exploits the rights regarding:
1. a new plant variety that has a serious direct or indirect impact on health and
environment;
2. a new plant variety derived from genetic modification which has not been
evaluated with regard to safety, environment [and] health or to take any other action
violating the laws of Lao PDR.
Article 89 (revised). Nullity of the Breeder’s Rights
Breeder’s rights granted by the Lao PDR shall be nullified in the following cases: 1. that the conditions as laid down in Article 70 or 71 of this law are not
complied with at the time of granting breeder’s rights;
2. that the provision of information and basic document is incorrect, incompliance
with the truth of the breeder to the Ministry of Science and Technology for the
consideration of the registration
3. that the breeder’s right has been granted to a person who is not entitled to it,
unless it is transferred to the person who is so entitled.
No breeder’s right shall be declared null and void for reasons other than those
referred to in paragraph 1 of this Article.
Article 90. Cancellation of the Breeder’s Right
A breeder’s right granted by the Lao PDR may be canceled as following cases: 1. the conditions laid down in Article 72 or 73 of this law are no longer fulfilled;
2. after being requested to do so and within a prescribed period, the breeder
does not provide the authority with the information, documents or material deemed
necessary for verifying the maintenance of the variety;
3. the breeder fails to pay fees and service charges as may be payable to keep
his right in force;
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4. the breeder does not propose another suitable denomination, where the
denomination of the variety is cancelled after the grant of the right.
No breeder’s right shall be cancelled for reasons other than those referred to in
items 1 to 4 of this Article.
Article 91 (revised). Restrictions Based on Public Interests
Where it is necessary to meet an urgent public needs, the government can issue notifications allowing the exploitation of a protected variety without the authorization of the right owner but the right owner shall receive a fair remuneration.
Part V
Copyright and Related Rights
Chapter 1
Protection of Copyright
Article 92. Works Eligible for Protection
Copyright shall be available to every production in the literary, scientific and artistic domain, whatever may be the mode or form of its expression, provided it is the
original creation of its author. In particular, copyright shall be available for:
1. Artistic works include such works as:
1.1. drawings, paintings, carvings, lithography, tapestry or embroidery and
other works of fine art;
1.2. sculptures, engravings and other works of sculpture; 1.3. designs of buildings or construction, internal or external decorations
designs and other architectural works;
1.4. photographs using technical methods and works expressed by an
analogous process;
1.5. illustrations, maps, plans, sketches and three dimensional works
related to geography, topography, architecture or science;
1.6. dramatico-musical works, pantomimes or drama, choreographic works
and other works created for performance;
1.7. musical compositions with or without lyrics including edited notes or
tunes;
1.8. phonogram;
1.9. works of applied art;
1.10. film or other cinematographic works or works expressed by an
analogous process, and including an audiovisual work which consist of sequence of
images which can be continuously projected as moving pictures and can be recorded
upon other materials so as to be also continuously projected as moving pictures including
the sound tracks of such work.
2. Works of literature include such works as: 2.1. books, thesis, brochures, magazines, printed matters and other writings
works;
2.2. lectures, speeches, addresses, discourses, sermons and other oral works
recorded;
2.3. dramas, stories, poems;
2.4. computer programs and data compilations, whether in source and object
codes;
3. Collections of literary or artistic works, such as encyclopaedias,
anthologies or compilations of data by reason of the selection and arrangement of their
contents, such collections or compilations constitute intellectual creations;
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For purposes of copyright, a work is created when it is fixed in a tangible
object.
Article 93. Derivative Works
Derivative works shall be protected as original works without prejudice to the rights of the author of the original work on which the derivative work is based.
Article 94. Items Ineligible for Copyright Protection
The following are ineligible for copyright protection: 1. news of the day or miscellaneous facts having the character of mere items of
press information;
2. ideas, procedures, methods of operation or mathematical concepts as such;
3. official texts of a legislative, administrative and legal nature, and official
translations of such texts.
Chapter 2
Protection of Related Rights
Article 95 (revised). Persons Entitled to Benefits from Protection of Related Rights
Persons entitled to benefits from protection of related rights are as follows: 1. Performers, including actors, singers, musicians, dancers, and other persons
who act, sing, deliver, declaim, play in, or otherwise perform literary or artistic works or
expressions of folklore;
2. Producers of phonograms who take the first fixation of the sounds of a
performance or other sounds, or the representations of sounds;
3. Broadcasters and broadcasting organizations that initiated and made the
radio broadcast or sound-image broadcast with wire or wireless system to the public.
Article 96 (revised). Eligibility for Protection of Related Rights
The following shall be eligible for the protection of related rights: 1. Performances:
1.1. performances in the country or abroad by Lao citizens, aliens or stateless
persons residing in Lao PDR;
1.2. performances by foreign nationals in the Lao PDR;
1.3. performances which are protected under international conventions and
agreements to which the Lao PDR is a party.
2. Production of phonograms:
2.1. production of phonograms in the country or abroad by Lao citizens,
aliens or stateless persons residing in the Lao PDR;
2.2. production of phonograms by foreign nationals in the Lao PDR;
2.3. production of phonograms which are protected under international
conventions and agreements to which the Lao PDR is a party.
3. broadcasting:
3.1. broadcasting in the country or abroad by Lao citizens, aliens or stateless
persons residing in the Lao PDR or broadcasting organization which has a headquarter in
the Lao PDR;
3.2. broadcasting which broadcasts by transmitter [and receivers] located in the
Lao PDR;
3.3. broadcasting which are protected under international conventions and
agreement to which the Lao PDR is a party.
4. Broadcasting of a satellite signal carrying encrypted or unencrypted programs:
4.1. Broadcasting of a satellite signal carrying encrypted or unencrypted
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programs in the country or abroad by Lao citizens, aliens or stateless persons residing in
the Lao PDR;
4.2. Broadcasting of a satellite signal carrying encrypted or unencrypted
program by foreign nationals in the Lao PDR;
4.3. Broadcasting of a satellite signal carrying encrypted or unencrypted
programs which are protected under international convention and agreement to which the
Lao PDR is a party.
Performances, phonograms and broadcasts satellite signal carrying encrypted
or unencrypted programs shall be protected as stipulated in items 1, 2, 3 and 4 of this
Article without prejudice to copyright in the works.
Chapter 3
Notification of Copyright or Related Rights
Article 97. Notification of Copyright or Related Rights
Copyright or related rights are the rights which arise immediately when the work is created without registration requirement, but a notification of rights can be
recorded with the Ministry of Science and Technology for evidence or for record
especially in case of violation or dispute.
Article 98. Recording the Copyright or Related Rights Notification
Upon copyright or related right notification application, the Ministry of Science and Technology shall enter the notification into the records and issue a receipt for evidence, provided the application satisfies the specified requirements. The copyright or related rights notification shall indicate the name of the author, title of the work including date of creation but shall not determine the rights of the applicant.
Chapter 4
Copyright Owners
Article 99. Copyright Owners
The owner of copyright in a work of authorship shall be the author. Where a work is made jointly ownership shall belong jointly to the authors unless otherwise
agreed.
Where a work is made in the course of employment, the owner shall be the
employer unless otherwise agreed.
Copyright ownership and any economic rights thereunder may be assigned by
contract or transferred by inheritance.
Any person acquiring or holding any copyright ownership and economic rights by
virtue of a contract, including employment contracts under which a work or sound
recording is created, shall be able to exercise those rights in its own name and enjoy
fully the benefits derived from those rights.
Article 100. Creative Contributors to Performances or Cinematographic Works
Persons who make creative contributions to a performance or cinematographic work, including the director, editors, camera operators, stage managers, composers,
scenarists, sound technicians, lighting technicians, studio artists, studio-instrument
managers, technical managers and others who made contributions of a like nature, shall be
considered joint authors of the cinematographic work.
Such contributing authors shall be entitled to be named for their contribution
unless it is not feasible under the circumstances.
Notwithstanding paragraph 1, unless otherwise agreed in writing, such authors
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shall not have the right to object to the reproduction, distribution, public performance,
communication to the public by wire, broadcasting or any other communication to the
public, or to the subtitling or dubbing of texts, of the work. This paragraph shall not
apply to authors of scenarios, dialogues and musical works created for the making of the
cinematographic work, or to the principal director thereof.
Article 101. Moral Rights
Even where an author is no longer the owner of the economic rights to a work, that author shall have the following moral rights:
1. first disclosure and first publication of the work;
2. attribution, which shall include
2.1. to claim authorship of the work;
2.2. to have his or her name shown and used in connection with publicity
concerning the work;
2.3. to use a pseudonym or pen name or to publish the work anonymously;
2.4. to object to any misattribution of the work to another;
2.5. to object to the use of his or her name in connection with a work that
he or she did not in fact author or that has been modified by another;
3. to object to any distortion, mutilation or other modification of the work, or
other action in relation to the work, where such action would be prejudicial to the author's
honor or integrity.
A person who is not the author of a work for which his or her name is used
shall have the same right as provided in item 3 of this Article.
The rights of first disclosure and first publication shall be available to the
author during his or her lifetime, after which such rights shall terminate unless the
author has provided in writing for the exercise of such rights after the author’s death.
Rights under items 2.1, 2.2, 2.3 and 3 of this Article shall last until the end of the term of
the economic rights of the author. Rights under items 2.4, 2.5 and paragraph 2 of this
Article shall be exercisable by any interested party without limitation in time.
Article 102. Economic Rights
The author or other copyright owner of literary or artistic works shall have the exclusive right to carry out or authorize the following acts in relation to his or her
works:
1. making a collection of such works;
2. reproducing such work in any manner or form including distribution of copies
of such works;
3. making the translation of such works;
4. broadcasting such works;
5. communicating such works to the public by any wire or wireless diffusion or
by rebroadcasting;
6. communicating the broadcast of the work to the public by loudspeaker or
any other analogous instrument transmitting, by signs, sounds or images.
In the absence of any contrary stipulation, permission granted in accordance
with item 4 of this Article shall not imply permission to record, by means of instruments
recording sounds or images, the work broadcast.
For literary works, the author or other copyright owner of literary or artistic
works shall have the exclusive right to carry out or authorize the following acts in relation
to his or her works:
1. recitation their works to the public by any means or process; 2. communicating to the public of the recitation of their works.
3. translating the recitation of their works.
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For dramatic, dramatico-musical and musical works, the author or other
copyright owner of literary or artistic works shall have the exclusive right to carry out or
authorize the following acts in relation to his or her works:
1. performing their works to the public, including such public performance by
any means or process;
2. communicating to the public of the performance of their works.
3. translating such performance of works.
The author or other copyright owner shall have the exclusive right to carry out
or authorize the adaptation, arrangement, or other alteration of their works as follows:
1. making cinematographic adaptation and reproduction of literary or artistic
works, and the distribution of the works thus adapted or reproduced;
2. making the public performance and communication to the public by wire or
otherwise of the works thus adapted or reproduced.
The author or other copyright owner shall have the exclusive right to carry out or
authorize or prohibit:
1. the direct or indirect reproduction, in whole or in part, of a sound recording,
computer programs or compilation of data or other materials;
2. the importation into the Lao PDR of copies of a sound recording, regardless of
whether such copies have been placed on the market by the relevant right holder;
3. the first public distribution of the original and each copy of the sound
recording by sale, rental or otherwise;
4. the rental, lease or lending of the original or a copy of an audiovisual work, a
sound recording, or a musical work in the form of notation, for the purposes of direct or
indirect commercial advantage.
5. for a computer program or a data base, the rights provided in item 4 of this
paragraph except where the copy of a computer program is not itself an essential
object of the rental. Putting the original or a copy of a computer program on the market
with the right holder's consent shall not exhaust the rental right.
The author or other copyright owner shall have the exclusive right to carry out
or authorize the importation or exportation of the original or any copy of the work. This
right shall not extend to prevent the subsequent importation or exportation of an original
or copy that was legally acquired with the authorization of the owner of copyright or
related rights.
The author or other copyright owner of literary or artistic works shall have the
exclusive right to carry out or authorize:
1. the cinematographic adaptation and reproduction of these works, and the
distribution of the works thus adapted or reproduced;
2. the public performance and communication to the public by wire or
wireless of the works thus adapted or reproduced.
The adaptation into any other artistic form of a cinematographic production derived from literary or artistic works shall, without prejudice to the
authorization of the author of the cinematographic production, remain subject to the
authorization of the authors of the original works.
The author or other copyright owner of literary, dramatic, dramatico-musical
works, musical works, choreographic works, pantomimes, and motion pictures and other
audiovisual works, including the individual images of a motion picture or other
audiovisual work shall have the exclusive right to authorize:
1. the public performance of their works, including such public performance
by any means or process; and in particular, in the case of sound recordings, to perform the
copyrighted work publicly by means of a digital audio transmission;
2. any communication to the public of the performance of their works;
3. translations of the performance of their works.
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Article 103. Infringement of Moral and Economic Rights
No individual, legal entity or organization other than the author shall undertake any of the acts described in Article 101 of this law without authorization by the author, and except as otherwise provided in this law, any such acts without authorization shall be considered to be an act of infringement of the author’s moral rights.
No individual, legal entity or organization other than the author shall undertake
any of the acts described in Article 102 of this law without authorization by the author,
and except as otherwise provided in this law, any such acts without authorization shall be
considered to be an act of infringement of the author’s economic rights.
The author or copyright owner has the right to protect their rights under the law
and regulations against infringements of their moral or economic rights by others such
as right to institute court action, [and] right to compensation from damages caused by
others.
Article 104. Copyright on Computer Programs and Data Compilations
Computer program is a set of instructions or any other thing used by a computer to make it work or to generate certain results no matter what the computer language is. Computer programs shall be protected as literary works, whether in source or object code.
Compilations of data or other material, whether in machine readable or other
form, which by reason of the selection or arrangement of their contents constitutes
intellectual creations, shall be protected as literary works. Protection of such works shall
not extend to the data or material itself, or prejudice any copyright subsisting in that data
or material.
Article 105. Traditional Literary and Artistic Works
A work based on a traditional literary or artistic work shall be protected under copyright without prejudice to the rights of others to make original works based on the
same traditional literary or artistic work and to continue to exploit the traditional literary
and artistic works.
A collection of traditional literary or artistic works shall be protected under
copyright without prejudice to the rights of others to make a similar collection or to
continue to tell the stories or otherwise reproduce, modify, or sell the traditional works
included in such collection.
Chapter 5
Related Rights Owners
Article 106. Related Rights Owners
Related rights owners are as follows: 1. performers;
2. phonogram producers;
3. broadcasters and broadcasting organizations.
Article 107. Moral Rights of Performers
Independently of a performer's economic rights, and even after the transfer of those rights, the performer shall, as regards his live aural performances or performances
fixed in phonograms, have the right to claim to be identified as the performer of his
performances, except where omission is dictated by the manner of the use of the
performance, and to object to any distortion, mutilation or other modification of his
performances that would be prejudicial to his honor and reputation.
The rights granted to a performer in accordance with this paragraph shall, after
37
his death, be maintained until the expiry of the economic rights and shall be exercisable
by the performer’s heirs unless the performer has provided for the exercise of such
rights by another.
Article 108. Economic Rights of Performers
Performers shall enjoy the exclusive right to the following acts: 1. As regards their unfixed performances:
1.1. the broadcasting and communication to the public of their unfixed
performances except where the performance is already a broadcast performance;
1.2. the fixation of their unfixed performances.
2. The direct or indirect reproduction of their performances fixed in phonograms,
in any manner or form;
3. The making available to the public of the original and copies of their
performances fixed in phonograms through sale or other transfer of ownership, provided
that such right shall not extend to subsequent sales or other transfers of ownership of the
original and of the same copy of the fixed performance that has been lawfully sold or
otherwise transferred with authorization of the performer;
4. The commercial rental to the public of the original and copies of their
performances fixed in phonograms, even after such phonograms have been distributed by,
or pursuant to, authorization by the performer;
5. The making available to the public of their performances fixed in
phonograms, by wire or wireless means, in such a way that members of the public may
access them from a place and at a time individually chosen by them;
6. The transferring to own performances work freely with contract or
inheritance.
Article 109. Rights of Producers of Phonograms
Producers of phonograms shall enjoy the exclusive right to the following acts: 1. The direct or indirect reproduction of their phonograms, in any manner or
form;
2. The making available to the public of the original and copies of their
phonograms through sale or other transfer of ownership, provided that such right shall not
extend to subsequent sales or other transfers of the original and of the same copy that has
been lawfully sold or otherwise transferred with authorization of the producer of the
phonogram;
3. The commercial rental to the public of the original and copies of their
phonograms, even after distribution of them by or pursuant to authorization by the
producer;
4. The making available to the public of their phonograms, by wire or
wireless means, in such a way that members of the public may access them from a place
and at a time individually chosen by them;
5. The transferring to own phonograms work freely with contract or
inheritance.
Article 110. Rights of Performers and Producers of Phonograms to Remuneration
Performers and producers of phonograms shall enjoy the right to a single equitable remuneration for the direct or indirect use of phonograms published for commercial purposes for broadcasting or for any communication to the public. Phonograms made available to the public by wire or wireless means in such a way that members of the public may access them from a place and at a time individually chosen by them shall be considered as if they had been published for commercial purposes.
The remuneration shall be as provided by agreement between performers and
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producers of phonograms.
Article 111 (Revised). Rights of Broadcasters and Broadcasting Organizations
Broadcasters and broadcasting organizations shall enjoy the exclusive right of authorizing the following acts:
1. The fixation of their broadcasts;
2. The reproduction of fixations of their broadcasts;
3. The rebroadcasting by wireless means of their broadcasts;
4. The communication to the public of television broadcasts of their broadcasts;
5. The transferring to own broadcasts work freely with contract or inheritance.
Article 112. Infringement of Related Rights
The provisions of Article 103 shall apply mutatis mutandis to the related rights of performers, producers of phonograms, broadcasters and broadcasting organizations as set forth in Articles 107, 108, 109, 110, and 111 of this law.
Chapter 6
Term of Protection of Copyright and Related Rights
Article 113. Term of Copyright Protection
The term of copyright shall begin on the date the work is created and shall continue to the end of the calendar year of the dates described below:
1. Except as otherwise provided in this article, fifty years after the date of
death of the author, or for a work of joint authorship, fifty years after the date of death of
the last surviving author;
2. For anonymous or pseudonymous works, fifty years from the date the work
was lawfully made available to the public, provided, however, that the term shall be as
provided in item 1 of this Article where:
2.1. the anonymous or pseudonym adopted by the author leaves no doubt
as to his identity;
2.2. the author of an anonymous or pseudonymous work discloses his
identity during the above-mentioned period.
3. For a cinematographic work, fifty years from the date the work was made
available to the public with the consent of the author, or, failing such an event within
fifty years from the making of such a work, fifty years from the making;
4. For applied art and photograph, twenty-five years from the date of creation. In the case that there is an international convention, which the Lao PDR is a
party or an international agreement to which the Lao PDR is a signatory, the term of
protection shall be as, determined in such convention or agreement.
Article 114 (revised). Term of Related Rights Protection
The term of related rights protection is as follows: 1. for performers, the term of protection shall begin with the date of the
performance and last until the end of a period of 50 years from the end of the calendar
year in which the performance was fixed in a phonogram;
2. for producers of phonograms, the term of protection shall begin with the
date the phonogram is first fixed and last until the end of a period of 50 years from the
end of the calendar year in which the phonogram was published, or failing such
publication within 50 years from fixation of the phonogram, the term of protection of
the phonogram shall last until 50 years from the end of the calendar year in which the
fixation was made; [and]
3. for broadcasters and broadcasting organizations, the term of protection
39
shall begin with the date of the broadcast and shall last until the end of a period of fifty
years from the end of the calendar year in which the program was first broadcast.
Chapter 7
Limitations and Obligations of Copyright and Related Rights
Article 115 (revised). Acts Consistent with Fair Use
The following acts shall be permissible without consent of the author, and without remuneration:
1. making quotations from a work which has already been lawfully made
available to the public, provided that their making is compatible with fair use, and their
extent does not exceed that justified by the purpose, including quotations from newspaper
articles and periodicals in the form of press summaries;
2. utilization, to the extent justified by the purpose, of literary or artistic
works by way of illustration in publications, broadcasts or sound or visual recordings for
teaching or scientific research, provided such utilization is compatible with fair practice;
3. reproducing, by photography or cinematography, images of works of fine
art, photographs, and other artistic works, and works of applied art, provided such works
have already been published, publicly displayed, or communicated to the public, where
such reproduction is incidental to the photographic or cinematographic work and is not the
object of the photographic or cinematographic work;
4. Translating literary works into Braille or other characters for visually-
impaired persons;
5. Reproducing a computer program where such reproduction occurs in the
ordinary operation of the computer program, providing the use of the computer program
is consistent with terms of authorization of the copyright owner;
6. Reproducing a work embodied in electronic media for backup or archival
storage, or for replacement of a legally acquired work that is lost, destroyed or fails to
work.
Where use is made of works in accordance with items 1.1 and 1.2 of this Article,
mention shall be made of the source and of the name of the author if it appears thereon.
The following acts shall be permissible without consent of the author, and
without remuneration, provided such acts are consistent with fair use, provided the
source is clearly indicated reproduction by the press, the broadcasting or the
communication to the public by wire of articles published in newspapers or periodicals
on current economic, political or religious topics.
For the purpose of reporting current events by means of photography,
cinematography, broadcasting or communication to the public by wire, literary or artistic
works seen or heard in the course of the event may, to the extent justified by the
informatory purpose, be reproduced and made available to the public.
The above acts shall not conflict with a normal exploitation of the work and
shall not unreasonably prejudice the legitimate interests of the author.
A determination of whether a use as above constitutes a fair use shall take into
account the circumstances as a whole as further described in a specific regulation.
The provisions of this article will not apply to:
1. reproduction of architectural works, including by construction of the work;
2. reproduction that requires circumvention of technological measures to protect
copyright or related rights, or the unauthorized removal or alteration of electronic rights
management information.
Article 116. Limitations and Exceptions to Related Rights
The limitations and exceptions applicable to copyright shall likewise apply to
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related rights, mutatis mutandis.
Article 117. Obligations of the Copyright and Related Rights Owner
The obligations of the copyright and related rights owner shall be implemented pursuant to Article 63 of this law.
Chapter 8
Collective Management Organizations
Article 118 (revised). Collective Management Organizations
Collective management organizations are organizations managing copyright and related rights, established on the basis of agreement among authors, copyrights owners,
related rights owners, to operate in accordance with the law in order to protect copyrights
and related rights and under the management of the Ministry of Science and Technology.
Article 119 (revised). Role of Collective Management Organizations
The Collective Management Organizations shall perform the following roles:
1. To manage copyright and related rights on behalf of authors, copyrights owners,
related rights owners; to negotiate on licensing, the collection of remuneration on behalf
of such persons, and to divide and distribute royalties, remuneration and other material
benefits there from the allowance of exploiting the authorized rights;
2. To protect member’s rights and legal benefits, including to represent the persons
mentioned in item 1 above in legal proceedings, and to reconcile any dispute on their
behalf.
Article 120 (revised). Rights and Obligations of Collective Management Organizations
The Collective Management Organizations shall have the rights and obligations as follows:
1. to establish encouraging creation activities and other social activities;
2. to cooperate with correlative national and international organizations on the
protection of copyright and related rights;
3. to make report on collective management to the Ministry of Science and
Technology;
4. to perform other rights and obligations according to the provisions of this law.
Part VI
Violations of Intellectual Property and Unfair Competition
Chapter 1
Violations of Intellectual Property
Article 121. Violations of Industrial Property Rights
Violations of industrial property are any acts as provided in Article 56 to 62 of this law without authorization from industrial property owner.
The acts set forth in paragraph 1 above shall not constitute a violation of
industrial property where:
1. the claimed right is invalid because the conditions for protection have not
been satisfied;
2. the term of protection has expired or the right is no longer in effect;
3. where authorization of the owner is required, the owner has granted such
authorization or, for patents or petty patents, authorization has been granted pursuant to
an order under Article 63 of this law;
4. the use on board vessels of other countries of devices forming the subject of
41
a patent in the body of the vessel, in the machinery, tackle, gear and other
accessories, when such vessels temporarily or accidentally enter the waters of the Lao
PDR, provided that such devices are used in this country exclusively for the needs of the
vessel;
5. the use of devices forming the subject of the patent in the construction or
operation of aircraft or land vehicles of other countries, or of accessories of such aircraft
or land vehicles, when those aircraft or land vehicles temporarily or accidentally enter the
Lao PDR;
6. exceptions or limitations set forth in this law.
Article 122 (revised). Violation of New Plant Variety Rights
Violations of new plant variety rights are as follows: 1. carrying out any of the acts prohibited under Article 82 of this law without the
authorization of the owner of the rights with regard to a plant variety that is still under
the term of protection;
2. carrying out any of the acts mentioned in item 1 of this paragraph with the
authorization of the owner of the rights without remunerating the owner of the rights as
provided in the terms on which such authorization is provided, or otherwise violating the
terms of such authorization;
3. using a plant variety denomination for a different variety where the variety
used is the same as or similar to the denomination of a new plant variety in the same
group which is already protected;
4. using an approved denomination in connection with a different plant variety.
It shall not be a violation to carry out any of the acts specified in Article 82 of
this law where:
1. the acts are subject to an order authorizing such acts pursuant to Article 91 of
this law; 2. the breeder’s rights with respect to the material have been exhausted pursuant
to Article 87 of this law;
3. the acts are subject to restrictions based on the public interest as set forth in
Article 91 of this law;
4. the breeder’s right has been declared void by a court pursuant to Article 86 of
this law and the time for appeal has expired;
5. the right has been cancelled pursuant to Article 90 of this law.
Article 123. Violation of Copyright and Related Rights
Violations of copyright and related rights are as follows: 1. committing an act of infringement as described in Article 103 or 112 of this
law;
2. circumventing effective technological measures used by performers or
producers of phonograms in connection with the exercise of their rights and that restrict
acts, in respect of their performances or phonograms, which are not authorized by the
performers or the producers of phonograms concerned or permitted by law;
3. performing any of the following acts, knowingly or having reasonable
grounds to know that it will lead to an infringement of copyright or related rights:
3.1. Removing or altering any electronic rights management information
without authority;
3.2. distributing, importing for distribution, broadcasting, communicating or
making available to the public, without authority, performances, copies of fixed
performances or phonograms knowing that electronic rights management information
has been removed or altered without authority; 4. recording or disseminating of satellite signal carrying encrypted or
42
unencrypted programs for commercial purposes without the authorization of the lawful
distributors.
Chapter 2
Unfair Competition
Article 124. Unfair Competition
Any act of competition contrary to honest practices in industrial or commercial matters constitute an act of unfair competition.
The following acts shall constitute acts of unfair competition and shall be
prohibited:
1. direct or indirect use of a false indication of the source of a good or the identity
of the producer, manufacturer, or merchant;
2. all acts of such a nature as to create confusion by any mean whatever with the
establishment, the goods, or the industrial or commercial activities, of a competitor;
3. false allegations of such a nature as to discredit the establishment, the
goods, or the industrial or commercial activities, of a competitor;
4. use of indications or allegations where such use is liable to mislead the
public as to the nature, the manufacturing process, the characteristics, the suitability for
their purpose, or the quantity, of the goods.
Article 125. Trademark Counterfeiting
Counterfeit trademark goods shall mean any goods including packaging, bearing without authorization a trademark which is identical to the trademark validly registered in respect of such goods, or which cannot be distinguished in its essential aspects from such a trademark, and which thereby infringes the rights of the owner of the trademark in question under this law.
It shall be a violation of this l aw to create, sell, offer for sale, advertise or
otherwise market, or to import or export counterfeit trademark goods.
Article 126. Copyright Piracy
Pirated copyright goods shall mean any good which is a copy of a work of authorship or object of related rights, where such copy is:
1. made without the consent of the right holder or person duly authorized by
the right holder in the country of production;
2. made directly or indirectly from an article including the use of any
instruments for recording cinematographic works in the movie theaters.
It shall be a violation of this law to produce pirated copyright goods, or to,
sell, offer for sale, advertise or otherwise market, or to export or import such goods.
Part VII
Dispute Resolution, Court Proceedings and Application of Measures
Chapter 1
Forms of Dispute Resolution
Article 127. Forms of Dispute Resolution
Intellectual property dispute resolution may be carried out in the following forms:
1. Reconciliation;
2. Mediation;
3. Administrative remedies;
4. Remedy through Economic Dispute Resolution Committee;
5. Judicial actions to People’s Courts;
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6. International dispute settlement.
Article 128. Reconciliation
The parties may reconcile with regard to violation of intellectual property
rights.
The agreement resulting from the reconciliation shall adhere to contracting
principles as provided for in the Law on Contract and Tort.
Article 129. Mediation
The parties may choose the mediation form to resolve their dispute at any time in accordance with laws and regulations.
Article 130 (revised). Administrative Remedies
The parties may purpose to the intellectual property administration authority for dispute resolution relating to intellectual property in accordance with laws.
A dispute that can be remedied in administrative mean shall be any dispute
relating to registration of industrial properties, new plant varieties and provision of
information related to copyright and related rights.
For the methods and procedures of administrative remedies of intellectual
property disputes are defined in a specific regulation.
Article 131 Administrative Remedies Relating to Intellectual Property Disputes at Borders
The parties may file an application to the customs administration for dispute
resolution relating to intellectual property at borders in accordance with laws.
The administrative remedy procedures for dispute resolution relating to
intellectual property at borders are set out in a specific regulation.
Article 132. Remedy through Economic Dispute Resolution Committee
The parties may request the Economic Dispute Resolution Committee at any time to resolve their intellectual property dispute in accordance with the Law on Economic Dispute Resolution and other relevant laws and regulations.
Article 133. Judicial Actions to People’s Court
The parties may file an action to the People’s Court to decide on intellectual property dispute in accordance with laws and regulations.
Article 134. International Dispute Settlement
The intellectual property dispute settlement of international nature shall be proceeded in accordance with international conventions and agreements to which the Lao
PDR is a party.
Chapter 2
Court Proceedings and Application of Measures
Article 135. Court Proceedings on Intellectual Property Right Violations
A plaintiff suffering from a violation of its intellectual property has the right to file a judicial action to the People’s Court in accordance with the Law on Civil
Procedures and other relevant laws.
Article 136 (Revised). Plaintiff
A plaintiff in the meaning of Article 135 of this law may be intellectual
44
property owner, federations or associations representing interested industrialists,
producers, or merchants, and the Collective Management Organizations or any other
person who suffers damages from any intellectual property violations.
Article 137. Jurisdiction of People’s Court for Intellectual Property Violations
The People’s Court shall have jurisdiction over all violations of intellectual property rights in accordance with the procedures as provided for in the Law on Civil
Procedures and the Law on Criminal Procedures as the case may be.
Article 138. Special Evidence for Intellectual Property Proceedings
In court proceedings for infringement of a patent for a process for obtaining a new product, where the same product is produced by a person other than the patent holder
or a person authorized by him, it shall be deemed that such product was obtained by the
patented process in the absence of proof to the contrary, provided however, that in the
adduction of proof to the contrary, the legitimate interests of defendants in protecting their
manufacturing and business secrets shall be taken into account.
The individual, legal entity or organization whose name appears on a literary
work in the usual manner shall, in the absence of proof to the contrary, be presumed to be
the author of the work and entitled to institute infringement proceedings. This paragraph
shall be applicable even where this name is a pseudonym, where the pseudonym adopted
by the author leaves no doubt as to his identity.
In the case of anonymous and pseudonymous works, other than those referred to
in paragraph 2 of this Article, the publisher whose name appears on the work shall, in the
absence of proof to the contrary, be deemed to represent the author, and in this capacity he
shall be entitled to protect and enforce the author's rights. The provisions of this paragraph
shall cease to apply when the author reveals his identity and establishes his claim to
authorship of the work.
The individual, legal entity or organization whose name appears on a
cinematographic work in the usual manner, shall, in the absence of proof to the contrary,
be presumed to be the maker of the said work and entitled to institute infringement
proceedings.
Where a party has presented reasonably available evidence sufficient to support
its claims and has specified evidence relevant to substantiation of its claims which lies in
the control of the opposing party, the People’s Court shall have the authority to order that
this evidence be produced by the opposing party, subject in appropriate cases to
conditions which ensure the protection of confidential information. Where such party to a
proceeding voluntarily and without good reason refuses access to, or otherwise does not
provide necessary information within a reasonable period, or significantly impedes a
procedure relating to an enforcement action, the People’s Court may proceed to make
preliminary and final determinations, affirmative or negative, on the basis of the
information presented to it, including the complaint or the allegation presented by the party
adversely affected by the denial of access to information, subject to providing the parties
an opportunity to be heard on the allegations or evidence.
Any individual, legal entity or organization who asserts that an act of
infringement or unfair competition is excused as provided in paragraph 2 of Article 121 of
this law shall have the burden of proving such facts. This provision shall apply mutatis
mutandis to acts of infringement of plant variety rights, copyright and related rights, or
other violations set forth in this law.
Infringement of a patent or petty patent shall be established only on the basis of
evidence showing that the subject matter alleged to be infringing incorporates or
implements each element of at least one claim of the patent or petty patent alleged to be
infringed. Infringement is not negated by the presence of additional elements in the
45
allegedly infringing subject matter or by the existence of claims in the patent or petty
patent that are not infringed.
For a complaint alleging infringement of a trademark, collective mark, or
certification mark, the complainant must show that:
1. the marks are similar in their appearance, sound or meaning;
2. that the marks relate to the same, similar, or related goods or services; and
3. the use of such marks is likely to confuse or deceive consumers as to the
source, sponsorship, or characteristics of the goods or services or otherwise indicates
falsely that there is a relationship between the complainant’s goods or services and those
of the alleged infringer.
Article 139 (revised). Invalidity and Cancellation or Elimination
Where a patent, petty patent, industrial design registration, trademark registration, integrated circuit layout-design registration, or plant variety protection certificate is held invalid by the People’s Court, the Ministry of Science and Technology shall cancel or eliminate such intellectual property accordingly. In the case of patents or petty patents, such holding shall specify the patent or petty patent claims to which the holding applies.
Article 140. Remedies for Civil Enforcement
In the court proceedings, the plaintiff may request the People’s Court to: 1. Order the infringer to desist from an infringement;
2. Order the suspension of Customs procedures;
3. Order the seizure of goods to prevent the entry into the channels of
commerce of imported goods that involve the infringement of an intellectual
property right, immediately after customs clearance of such goods;
4. Order a declaratory judgment of infringement;
5. Order the infringer to pay damages adequate to compensate;
6. Order the infringer to pay the right holder expenses, which may include
appropriate attorney’s fees;
7. Order that goods that have been found to be infringing, be destroyed or
otherwise disposed of in such a manner that such goods will not enter channels of
commerce;
8. Order that materials and implements the predominant use of which has
been in the creation of the infringing goods be disposed of outside the channels of
commerce in such a manner as to minimize the risks of further infringements.
In considering requests under items 7 and 8 above, the People’s Court shall
take into account for proportionality between the seriousness of the infringement and the
remedies ordered as well as the interests of third parties.
In regard to counterfeit trademark goods, the simple removal of the trademark
unlawfully affixed shall not be sufficient to permit the release of the goods into the
channels of commerce.
Article 141. Damage Awards
The People’s Court shall set damage awards in an amount sufficient to compensate the party making the claim for its losses and to deprive the infringer or other violator of any profit from its unlawful act. The People’s Court may order recovery of profits and/or payment of damages even where the infringer did not knowingly, or with reasonable grounds to know, engage in infringing activity.
Article 142. Right of Information
Unless it would be out of proportion to the seriousness of the infringement, the
46
plaintiff may request the Court to order a violator to inform the party bringing the action
of the identity of third persons involved in the production and distribution of the
infringing goods or services and of their channels of distribution.
Article 143. Indemnification of the Defendant
A defendant may request the People’s Court to order a party at whose request measures were taken and who has abused enforcement procedures to provide to a party
wrongfully enjoined or restrained with compensation including expenses in connection
with the legal action, which may include attorney's fees for the injury suffered because
of such abuse.
Article 144. Provisional Measures
An individual, legal entity or organization may file a complaint requesting the People’s Court to order prompt and effective provisional measures to:
1. prevent an infringement of any intellectual property right from occurring;
2. prevent the entry into the channels of commerce of goods, including
imported goods immediately after customs clearance;
3. preserve relevant evidence in regard to the alleged infringement.
Article 145. Requirements for Application for Provisional Measures
An application for provisional measures shall be required to: 1. provide any reasonably available evidence in order to satisfy the Court with a
sufficient degree of certainty that the applicant is the right holder and that the applicant’s
right is being infringed or that such infringement is imminent;
2. provide a security or equivalent assurance sufficient to protect the defendant
and to prevent abuse;
3. supply other information necessary for the identification of the goods
concerned by the authority that will execute the provisional measures.
Article 146. Provisional Measures Inaudita Altera Parte
An applicant may file a claim requesting the People’s Court to adopt provisional measures inaudita altera parte where appropriate, in particular where any
delay is likely to cause irreparable harm to the right holder, or where there is a
demonstrable risk of evidence being destroyed.
Where provisional measures have been adopted inaudita altera parte, the
parties affected shall be given notice, without delay after the execution of the measures
at the latest. A review, including a right to be heard, shall take place upon request of
the defendant with a view to deciding, within a reasonable period after the notification
of the measures, whether the provisional measures should be modified, revoked or
confirmed.
Article 147. Review of Provisional Measures
Provisional measures taken on the basis of Articles 144 and 145 of this law shall, upon request by the defendant, be revoked or otherwise cease to have effect, if
proceedings leading to a decision on the merits of the case are not initiated within a
reasonable period, to be determined by the People’s Court ordering the measures but,
not to exceed 20 working days or 31 calendar days, whichever is the longer.
Where the provisional measures are revoked or where they lapse due to any act
or omission by the applicant, or where it is subsequently found that there has been no
infringement or threat of infringement of an intellectual property right, People’s Court
shall have the authority to order the applicant, upon request of the defendant, to provide
the defendant appropriate compensation for any injury caused by these measures.
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Article 148 (revised). Criminal Offenses of Intellectual Property
The criminal offenses of intellectual property are intentional violations of Articles 121, 122, 123, 124, 125 and/or 126 of this law.
Part VIII
Management and Inspection
Chapter 1
Management
Article 149 (revised). Intellectual Property Administration Authority
The government manages intellectual property in a centralized and unified principle throughout the country assigning the Ministry of Science and Technology as
the central coordinator with the relevant sectors, such as the Industry and Commerce,
Agriculture and Forestry, Information, Culture and Tourism, Education and Sports, Public
Health, Finance sectors and relevant local administrations.
The intellectual property administration authority includes:
1. Ministry of Science and Technology;
2. the Provincial, Vientiane Capital Departments of Science and Technology;
3. District, municipal Offices of Science and Technology.
Article 150 (revised). Rights and Duties of the Ministry of Science and Technology
In the management of intellectual property, the Ministry of Science and Technology has rights and duties in accordance with its responsibilities as follows:
1. to study policies, strategies, laws involving the development of intellectual
property activities for proposing to the government for consideration;
2. execute policies, strategies and laws by formulating them into plans,
programs, and detailed projects for implementation;
3. to issue regulations, decisions, o rder , instructions and notices involving
intellectual property activities;
4. to propagate, disseminate and organize a public awareness within society
about intellectual property activities;
5. to guide, monitor and evaluate the implementation of intellectual property
activities throughout the country;
6. to register intellectual property and provide intellectual property services; 7. to issue or cancel intellectual property registration certificates and issue
licenses to any individual or entity or organization which provides intellectual property
services or cancel the license;
8. to resolve requests, administrative disputes concerning intellectual property
rights; 9. to establish committees concerning intellectual property;
10. to train and enhance public and private employees knowledge
involving in intellectual property activities;
11. to coordinate with sectors concerned and relevant local administrative
authorities to manage intellectual property activities;
12. to participate and cooperate with foreign countries in intellectual property
activities;
13. to summarize, report on the implementation of intellectual property activities
to the government regularly;
14. to perform other rights and duties as stipulated in laws.
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Article 151 (Revised). Rights and Duties of the Provincial, Vientiane Capital Departments
of Science and Technology
In the management of intellectual property, the Provincial, V i en t i an e
Capital Departments of Science and Technology have rights and duties in accordance with
their responsibilities as follows:
1. to execute policies, strategies, laws, plans, programs and projects involving
intellectual property;
2. to disseminate, advocate policies, strategies, laws and awareness raising
involving intellectual property activities to the society;
3. to provide intellectual property activities services;
4. to propose an establishment of committees concerning intellectual property
activities;
5. to coordinate with sectors concerned in the implementation of intellectual
property activities;
6. to supervise, inspect and evaluate implementation results of intellectual
property activities across provinces and Vientiane Capital;
7. to participate and cooperate with foreign countries as assigned by high level
authority;
8. to summarize, report on the implementation of intellectual property activities
to the Ministry of Science and Technology and provincial, Vientiane Capital
administrative authorities regularly;
9. to perform other rights and duties as stipulated in laws.
Article 152 (new). Rights and Duties of District, Municipal Offices of Science and
Technology
In the management of intellectual property, districts, municipal offices of
science and technology have rights and duties in accordance with their responsibilities as
follows:
1. to execute policy, strategies, plans, programs and projects involving the
development of intellectual property activities;
2. to disseminate, raise awareness, educate laws and other related legislations
involving intellectual property activities;
3. to provide intellectual property activities services;
4. to propose an establishment of committees concerning intellectual property
activities;
5. to coordinate sectors and other sectors concerned in implementation of
intellectual property activities;
6. to supervise, inspect and to evaluate implementation results of intellectual
property activities;
7. to summarize and report on the implementation of intellectual property
activities to provincial and Vientiane Capital departments and district, municipal and
Vientiane Capital administrative authorities regularly;
8. to perform other rights and duties as stipulated in laws.
Article 153 (new). Rights and Duties of Relevant Sectors or Local Administrative Authorities
Other relevant sectors and local administrative authorities have rights and duties in
coordination and cooperation in management of intellectual property activities within their
roles.
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Article 154 (revised). Prohibitions on Government Officers who are Responsible for
Intellectual Property Activities
Government officers who are responsible for intellectual property activities are prohibited from:
1. lacking of responsibility and neglecting one’s duties;
2. carrying out duties unfairly or showing partiality towards an individual or
legal entity organization;
3. disclosing intellectual property information without authorization from the
owner;
4. abusing one’s position, duties, power for personal, family or relative interests;
5. having other behavior violating laws.
Chapter 2
Inspection
Article 155 (Revised). Intellectual Property Inspection Authorities
Intellectual property inspection authorities include: 1. The internal inspection authority, which is the same authority as the
intellectual property administration authority stipulated in Article 149 of this law;
2. The external inspection authorities, comprising the National Assembly,
Provincial People Assembly, State Audit Organization, State Inspection Authority,
Government Inspection Authority, Lao Front National Development, Mass Organization
and Media.
Article 156. Rights and Duties of Inspection Authorities
The internal and external inspection authorities have the rights and duties to inspect the implementation of intellectual property activities within the scope of their responsibilities.
Article 157. Forms of Intellectual Property Inspections
Inspection of intellectual property is carried out in the following three forms: 1. routine inspections;
2. irregular inspections by advance notice;
3. dawn raids inspections.
Routine inspections refer to inspections carried out according to plans and with
specific times.
Irregular inspections by advance notice refer to ad hoc inspection deemed as
necessary and shall notify the suspects in advance.
Dawn raids inspections refer to urgent inspections whereby the suspects are not
notified.
Article 158 (revised). Inspection of Intellectual Property at Border Checkpoints
In order to intercept intellectual property violations, customs officers assigned to border checkpoints have the rights by ex-officio to inspect exported and imported goods, seize and impound goods which violate trademark, copyright and related right of the law.
Article 159. Inspections by other Authorities
Other authorities have the rights and duties to carry out intellectual property inspections according to their role, which are determined in specific regulations.
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Part IX
Awards and Sanctions
Article 160. Award Policies
Individuals, legal entities or organizations who have remarkable accomplishment in implementing of this law, such as management and protection of intellectual property shall be awarded merits or other forms according to regulations.
Article 161. Policies for Inventors and Creators
Individuals, legal entities or organizations that have remarkable accomplishment in invention and creation shall be awarded merits and other forms according to regulations.
Article 162. Measures against Violators
Individuals, legal entities or organizations that violate this law shall be subject to education or warning, disciplinary action, fines, civil compensation, and/or criminal punishment as the case may be.
Article 162. Education or warning Measures
Individuals, legal entities or organizations that violate this law for the first time which is an unintentional violation and resulted in damages of less than 500,000 Kip shall be educated or warned.
Article 164 (revised). Disciplinary Measures
Government officers who violate this law especially its prohibitions which are not
criminal offences shall be subject to disciplinary action in accordance with the Law on
Government Officers.
Article 165 (revised). Fines
Individuals, legal entities or organizations which intentionally violate the Law on Intellectual Property or who unintentionally violate the law which is not criminal
offences shall be fined 1% of the damages value occurred.
Individuals, legal entities or organizations that intentionally violates for a second
time or repeatedly shall be fined 5% of the damages value occurred for each violation.
Article 166. Civil Measures
Individuals, legal entities or organizations that violate this law and causes damages to any other person shall be liable for such damages.
Article 167 (revised). Criminal Measures
Individuals or legal entities that violate intellectual property rights especially counterfeit, deceive, fraud unfair competition that result in serious damages, produce, sales of counterfeit goods or trademark counterfeiting or infringement of copyrights or related rights and regulations on industrial property protection and new plant variety shall be punished as the case may be.
Article 168. Additional Measures
In addition to the punishments set forth in Articles 167 of this law, the violator may be subject to additional measures, in particular, suspension, withdrawal of business
licenses, seizure of infringing goods, properties and equipment involving in the offence
according to the final decision by the competent court.
51
Part X
Final Provisions
Article 169. Implementation
The government of the Lao People’s Democratic Republic shall implement this law.
Article 170. Effectiveness
This law shall be effective after the President of the Lao People’s Democratic Republic issues the promulgating decree and after fifteen days of publishing
on the official gazette. This law replaces the Law on Intellectual Property No.01/NA, dated 20 December
2011.
Regulations and provisions, which contradict this law, are hereby repealed.
President of the National Assembly
[seal and signature]
Pany YATHOTOU