Contents
Article 2 (revised). ntellectual Property
Article 3 (revised). Definitions
Article 4.State Policy Relating to Intellectual Property
Article 5 (revised).General Principles Relating to Intellectual Property
Article 6.Scope of Application of the Law
Article 7.International Cooperation
Section II:Intellectual Property
Article 8.Intellectual Property Framework
Article 9 (revised). Industrial Property
Article 10 (revised). New Plant Variety
Article 11.Copyright and Related Rights
Section III:Industrial Property
Part 1:Industrial Property Requirements
Article 13 (revised). Requirements for Obtaining a Patent
Article 14 (revised). Requirements for Obtaining a Petty Patent
Article 15 (revised). Requirements for Obtaining an Industrial Design Certificate
Article 16 (revised). Requirements for Obtaining a Trademark Certificate
Article 17 (revised). Requirements for Obtaining a Layout-design of Integrated Circuits Certificate
Article 18 (revised). Requirements for Obtaining a Geographical Indication Certificate
Article 20 (revised). Requirements of Trade Secrets
Part 2:Industrial Property Ineligible for Protection
Article 21 (revised). Inventions or Utility innovations Ineligible for Patents or Petty Patents
Article 22 (revised). Designs Ineligible for Industrial Designs Registration
Article 23 (revised). Marks Ineligible for trademarks Registration
Article 24 (revised). Object Ineligible for Layout-designs of Integrated Circuits Registration
Article 25 (revised). Geographical Indications Ineligible for Registration
Part 3:Protection of Industrial Property
Article 26 (revised). Persons eligible for protection of industrial property
Article 27 (revised). Filing Applications
Article 28 (revised). Principles used for Consideration of Applications
Article 29 (revised). Priority
Article 30 (revised). Temporary Protection of Inventions, Utility Innovations, Industrial
Article 31 (revised). Applications for Patent or Petty Patent
Article 32 (revised). Applications for Registration of Industrial Designs
Article 33 (revised). Applications for Registration of Trademarks
Article 34 (revised). Applications for Registration of Layout-designs of Integrated Circuits
Article 35 (revised). Applications for Registration of Geographical Indications
Article 36 (revised). Provision of Additional Information
Article 37 (revised). Language used for applications
Article 38 (revised). Formality Examination of Industrial Property Registration Applications
Article 39 (revised). Publication of Industrial Property Applications
Article 40 (revised). Substantive Examination of Industrial Property Applications
Article 41 (revised). Substantive Examination of Industrial Property Applications
Article 42 (new). Amendment and division of the application
Article 43 (revised). Abandonment of Industrial Property Application
Article 44 (revised). Registrations
Article 45 (revised). Termination of Industrial Property Rights
Part 4:Industrial Property Rights Owner
Article 46 (revised). Industrial Property Rights Owner
Article 47 (revised). Rights of the Industrial Property Owner
Part 5:Term of Protection of Industrial Property
Article 48. Term of Protection of Patents
Article 49. Term of Protection of Petty Patents
Article 50. Term of Protection of Industrial Designs
Article 51 (revised). Term of Protection of Trademarks
Article 52. Term of Protection of Layout-designs of Integrated Circuits
Article 53. Term of Protection of Geographical indications
Article 54. Term of Protection of Trade Secrets
Part 6:Rights and Obligations of the Industrial Property Owner
Article 55 (revised). Rights of the Patent and Petty Patent Owner
Article 56 (Revised). Rights of the Industrial Design Owner
Article 57 (revised). Rights of the Trademark Owner
Article 58 (revised). Rights of Integrated Circuit Layout-Design Owner
Article 59 (revised). Rights of Geographical Indication Registration Owner
Article 60 (revised). Rights of Proprietor of Trade Secret
Article 61 (revised). Protection of Test or Other Data
Article 62.Obligations of the Industrial Property Owner
Part 7:Limitation of Rights on Industrial Property
Article 63 (revised). Authorization to exploit without permission of patent or petty
Article 64 (revised). Non-Use of Trademarks
Article 65.Conditions on Layout-designs of Integrated Circuits
Article 66 (revised). Exploitation of Geographical indications
Section IV:New Plant Variety Part 1 New Plant Variety Requirements
Article 67 (new). Genera and Species
Article 68 (revised). Requirements for Registration of New Plant Varieties
Article 73 (new). Variety Denomination
Part 2:Registration of New Plant Varieties
Article 74 (revised). Eligibility to Submit an Application
Article 75 (revised). Priority
Article 76 (revised). Application for Registration
Article 77 (revised). Examination
Part 3:Rights and Obligations of the New Plant Variety owner
Article 78 (revised). Rights of the Plant Variety Owner
Article 79 (revised). Term of Protection of the New Plant Varieties
Article 80 (new). Provisional Protection
Article 81.Obligation of the New Plant Variety Owner
Part 4:Exceptions and Limitations Relating to New Plant Varieties
Article 82 (revised). Exceptions to the Breeder’s Right
Article 83 (new).Exhaustion of the Breeder’s Right
Article 84 (new).Measures Regulating Commerce
Article 85 (new).Nullity of the Breeder’s Right
Article 86 (new).Cancellation of the Breeder’s Right
Article 87 (revised). Restrictions Based on Public Interests
Section V:Copyright and Related Rights
Part 1:Protection of Copyright
Article 88 (revised). Works Eligible for Protection
Article 89 (revised). Derivative Works
Article 90 (revised). Items Ineligible for Copyright Protection
Part 2:Protection of Related Rights
Article 91 (revised). Persons Eligible for Protection
Article 92 (revised). Eligibility for Protection of Related Rights
Part 3:Notification of Copyright or Related Rights
Article 93 (revised). Notification of Copyright or Related Rights
Article 94 (revised). Recording the Copyright or Related Rights Notification
Article 95 (revised). Copyright Owners
Article 96 (revised). Creative Contributors to Performances and Cinematographic Works
Article 97 (new). Moral Rights
Article 98 (new).Economic Rights
Article 99 (new).Infringement of Moral and Economic Rights
Article 100 (revised). Copyright on Computer Programs and Data Compilations
Article 101 (new).Traditional Literary and Artistic Works
Article 102 (revised). Related Rights Owners
Article 103 (new). Moral Rights of Performers
Article 104 (new).Economic Rights of Performers
Article 105 (revised). Rights of Producers of Phonograms
Article 106 (new). Rights of Performers and Producers of Phonograms to Remuneration
Article 107 (revised). Rights of Broadcasters and Broadcasting Organizations
Article 108 (revised). Infringement of Related Rights
Part 6:Term of Protection of Copyright and Related Rights
Article 109 (revised). Term of Copyright Protection
Article 110 (revised). Term of Related Rights Protection
Part 7:Limitations and Obligations of Copyright and Related Rights
Article 111 (new). Acts Consistent with Fair Use
Article 112 (revised). Limitations and Exceptions to Related Rights
Article 113. Obligations of the Copyright and Related Rights Owner
part 8:Collective Management Organizations
Article 114 (new). Collective Management Organizations
Article 115 (new). Role of Associations Managing Copyright and Related Rights
Article 116 (new).Rights and Obligations of Associations Managing Copyright and
Section VI:Violations of Intellectual Property and Unfair Competition
Part 1:Violations of Intellectual Property
Article 117 (revised). Violations of Industrial Property Rights
Article 118 (revised). Violation of Plant Variety Rights
Article 119 (revised). Violation of Copyright and Related Rights
Article 120 (revised). Unfair Competition
Article 121 (new). Trademark Counterfeiting
Article 122 (new). Copyright Piracy
Section VIII:Dispute Resolution
Part 1:Forms of Dispute Resolution
Article 123.Forms of Dispute Resolution
Article 124 (new). Right to Choose the Forms of Dispute Resolution
Article 125 (revised). Reconciliation
Article 127.Administrative Remedies
Article 128 (new). Administrative Remedies of Intellectual Property Disputes at Borders
Article 129 (new).Remedy through Economic Dispute Resolution Committee
Article 130. Judicial Actions to People’s Court
Article 131.International Dispute Settlement
Part 2:Court Proceedings and Enforcement
Article 132 (new). Court Proceedings on Intellectual Property Right Violations
Article 134 (new). Jurisdiction of People’s Court for Intellectual Property Violations
Article 135 (new).Special Evidence Issues in Intellectual Property Enforcement
Article 136 (new). Invalidity and Cancellation
Article 137 (new).Remedies for Civil Enforcement
Article 138 (new).Damage Awards
Article 139 (new).Right of Information
Article 140 (new).Indemnification of the Defendant
Article 141 (new).Provisional Measures
Article 142 (new).Requirements for Application for Provisional Measures
Article 143 (new).Provisional Measures Inaudita Altera Parte
Article 144 (new).Review of Provisional Measures
Article 145 (new).Criminal Offenses of Intellectual Property
Section VIII:Management and Inspection
Article 146 (revised). Intellectual Property Administration Authority
Article 147 (revised).Rights and Duties of the Ministry of Science and Technology
Article 148.Rights and Duties of the Provincial, Capital Authority for Science and Technology
Article 149.Prohibitions on Officers who are Responsible for Intellectual Property
Article 150.Intellectual Property Inspection Authority
Article 151.Rights and Duties of Inspection Authorities
Article 152. Forms of Intellectual Property Inspections
Article 153.Inspection of Intellectual Property at Border Checkpoints
Article 154.Inspections by other Authorities
Section IX:Awards and Sanctions
Article 156.Policies for Inventors and Creators
Article 157.Measures against Violators
Article 158.Education or warning Measures
Article 159.Disciplinary Measures
Article 162 (revised).Criminal Measures
Article 163.Additional Measures
LAO PEOPLE’S DEMOCRATIC REPUBLIC
Peace Independence Democracy Unity Prosperity
National Assembly No. 01 /NA
Vientiane, Date 20 / 12 / 2011
Law
on Intellectual Property
(Amended)
General Provisions
This Law on Intellectual Property determines the principles, regulations and measures relating to the promotion of inventions, creativities, knowledge-based economy, management and protection of intellectual property rights, in order to ensure the legitimate interests of the owner of intellectual property and the interests of state, society, encourage the research and develop science and technology, the transfer of technology within the country and from abroad, effectively aiming to promote trade, investment and the competitiveness for the national economy in the era of globalization, contribute in the gradual industrialization and modernization of the country.
Article 2 (revised). ntellectual 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:
Article 4.State Policy Relating to Intellectual Property
The state promotes the development of intellectual property activities and the exploitation of the fruits of invention, the creativity of individuals, legal entities or organizations as well as recognizes and protects the rights and interests of the owner of intellectual property.
The state encourages activities and investment in the intellectual property sector by laying down policies, laws and regulations, and measures to accommodate such investment.
The state protects intellectual property, which is not contrary to laws and regulations, culture or fine traditions of the nation, national defense, public security, health and the environment.
Article 5 (revised). General Principles Relating to Intellectual Property
The General principles relating to intellectual property are as follows:
Article 6.Scope of Application of the Law
This law is applicable to domestic and foreign individuals, legal entities and organizations who are involved in intellectual property activities under this law and international conventions or agreements to which the Lao PDR is a party.
Article 7.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 benefit for the development and management of intellectual property activities, technical expertise exchange; the exchange of technology, information, to enhance the level of personnel, participation and implementation of international conventions and agreements to which the Lao PDR is a party.
Intellectual Property
Article 8.Intellectual Property Framework
Intellectual property is composed of:
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 (revised). New Plant Variety
New plant variety is composed of:
Article 11.Copyright and Related Rights
Copyright and related rights include:
Industrial Property
Industrial Property Requirements
Article 12 (revised). Industrial Property for Obtaining a Certificate of Protection for Industrial Property
I Industrial Property for obtaining a registration certificate is as follows:
- patent;
- petty patent;
- industrial design;
- trade mark;
- integrated circuit layout-design;
- geographical indication.
Article 13 (revised). Requirements for Obtaining a Patent
In order to obtain a patent, an invention shall meet all the following requirements:
Article 14 (revised). Requirements for Obtaining a Petty Patent
In order to obtain a petty patent, a utility innovation shall meet all the following requirements:
Article 15 (revised). Requirements for Obtaining an Industrial Design Certificate
In order to obtain an industrial design certificate, a design shall meet all the following requirements:
Article 16 (revised). Requirements for Obtaining a Trademark Certificate
In order to obtain a trademark certificate, a mark shall meet all the following requirements:
Any trademark shall be deemed well-known when it meets all the following requirements:
3.1 the relevant sector of the public recognize the trademark 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.
A well-known trademark whether registered or otherwise shall be protected in accordance with laws and regulations.
Article 17 (revised). Requirements for Obtaining a Layout-design of Integrated Circuits Certificate
In order to obtain a layout-design of integrated circuit certificate, a lay-out design shall meet all the following requirements:
Article 18 (revised). Requirements for Obtaining a Geographical Indication Certificate
In order to obtain a geographical indication certificate, an indication shall meet all the following requirements:
A trade name shall be protected without the obligation of filing or registration, whether or not it forms part of a trademark.
Article 20 (revised). Requirements of Trade Secrets
In order to be considered as a trade secret, information shall meet all the following requirements:
person lawfully in control of the information, to keep it secret.
Industrial Property Ineligible for Protection
Article 21 (revised). Inventions or Utility innovations Ineligible for Patents or Petty Patents
The following shall be ineligible for a patent or petty patent:
A patent or petty patent may be refused or its exploitation limited:
Article 22 (revised). Designs Ineligible for Industrial Designs Registration
Designs ineligible for industrial designs registration shall be as follows:
Article 23 (revised). Marks Ineligible for trademarks Registration
The following shall be ineligible for trademark registration:
The nature of the goods or services to which a trademark applies shall in no case form an obstacle to the registration of the mark.
Article 24 (revised). Object Ineligible for Layout-designs of Integrated Circuits Registration
Objects ineligible for registration of an integrated circuit layout-design shall be as follows:
Article 25 (revised). Geographical Indications Ineligible for Registration
Geographical indications ineligible for registration shall be as follows:
Protection of Industrial Property
Article 26 (revised). Persons eligible for protection of industrial property
The following persons are eligible to obtain protection for their industrial property:
Subject to the requirement to have a representative in the Lao PDR, foreign persons, legal entities or organizations eligible for protection of industrial property shall be entitled to treatment no less favorable than Lao citizens.
Article 27 (revised). Filing Applications
Domestic or foreign individuals, legal entities and organizations may apply for a patent, petty patent, or 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, who wishes to apply for the registration of an industrial property, shall appoint an authorized representative in the Lao PDR.
The applicant without business premises 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 used for Consideration of Applications
Where more than one application is filed for the same subject matter, the patent, petty patent, or 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
An application for the granting of a patent or petty patent, or for the registration of an industrial design or trademark, may contain a declaration claiming priority based on one or more earlier national, regional, or international applications filed by the applicant or his predecessor in title in the Lao PDR or in another country or office that is party to an agreement to which the Lao PDR is a party and that provides for a right of priority. The requirements for establishing a claim to priority shall be as described in a separate regulation.
Where a priority claim is established, any subsequent filing before the expiration of the priority periods referred to below 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 possession.
If a priority claim is submitted, the applicant shall submit a copy of the application on which the priority claim is based, certified as correct 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 or 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 Temporary protection shall be available for inventions, utility innovations, industrial designs, and trademarks in respect of goods exhibited at official or officially recognized international exhibitions, provided a request for such protection is made and an application is filed within six months from the date on which the goods were first exhibited or rendered at such exhibition. In such case, the application shall be deemed to have been filed on the date on which the goods were first exhibited at such exhibition, provided that temporary protection under this Article shall not be applied so as to extend any other claim of priority.
Article 31 (revised). Applications for Patent or Petty Patent
An application for a patent or petty patent shall include the following documents:
The application may include a claim for priority as provided in Article 29 of this Law (if applicable).
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 a minimum:
- the name, address and nationality of the applicant;
- the name of inventor of the invention or utility innovation;
- description of the invention or utility innovation;
- filing fee as per regulations.
If any individual, legal entity or organization wishes to obtain a patent or petty patent, shall satisfy all specified requirements within the times set by the Ministry of Science and Technology.
Article 32 (revised). Applications for Registration of Industrial Designs
Applications for registration of industrial designs shall include the following documents:
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 a minimum:
- the name, address and nationality of the applicant;
- a drawing or photograph;
- filing fee as per regulations.
If any individual, legal entity or organization wishes to apply for registration of industrial design, shall satisfy all specified requirements within the times set by the Ministry of Science and Technology.
Article 33 (revised). Applications for Registration of Trademarks
Applications for registration of trademarks shall include the following documents:
The application may include a claim of priority as provided in Article 29 of this Law (if applicable).
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 a minimum:
- the name, address and nationality of the applicant;
- a drawing or photograph or specimen of the mark;
- filing fee as per regulations.
If any individual, legal entity or organization wishes to apply for registration of industrial design, shall satisfy all specified requirements within the times set by the Ministry of Science and Technology.
Article 34 (revised). Applications for Registration of Layout-designs of Integrated Circuits
Applications for registration of layout-design of integrated circuit shall include the following documents:
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 a minimum:
- the name, address and nationality of the applicant;
- disclosure of the integrated circuit layout-design;
- filing fee as per regulations.
If any individual, legal entity or organization wishes to apply for registration of integrated circuit layout-design, shall satisfy all specified requirements within the times set by the Ministry of Science and Technology.
Article 35 (revised). Applications for Registration of Geographical Indications
Applications for registration of geographical indications shall include the following documents:
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 a minimum:
- the name, address and nationality of the applicant;
- image of the geographical indication;
- a statement of the geographical region to which the proposed geographical indication applies;
- the goods to which the proposed geographical indication applies;
- filing fee as per regulations.
If any individual, legal entity or organization wishes to apply for registration of geographical indication, shall satisfy all specified requirements within the times set by the Ministry of Science and Technology.
Article 36 (revised). 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 (revised). Language used for applications
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 90 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 Applications
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 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 60 days of notification.
Article 39 (revised). Publication of Industrial Property Applications
After the Ministry of Science and Technology has completed its formality examination of the application for a patent or petty patent; the registration unit will publish the application in the official industrial property gazette in the 19th month after the date of filing the application.
Article 40 (revised). Substantive Examination of Industrial Property Applications
After completion of the formality examination of the application, the Ministry of Science and Technology will examine as to substance the patent, petty patent, 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). 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 may submit a copy of the report of such office and request that it be accepted in lieu of conducting a search in the Lao PDR.
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: 32 months for an invention and 12 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 registration applications for industrial design, trademark and geographical indication will not be requested to examine as to substance.
Article 42 (new). Amendment and division of the 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 as following conditions:
An amendment as provided in item 1 of paragraph 1 shall not:
Where an application is divided or refilled as provided in item 2 or 3 of paragraph 1 of this article, the applications shall be entitled to filing dates and priority as set forth in the Regulations.
Article 43 (revised). Abandonment of Industrial Property Application
Industrial property applications shall be deemed abandoned under the following conditions:
Article 44 (revised). Registrations
After consideration and examination of the industrial property registration applications which are 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 register and publish the registration in the official industrial property gazette.
Where an industrial design, trademark or geographical indication has been registered, the third party may request an objection or a cancellation of such registration within period of 5 years from the date of publication in the official gazette.
Article 45 (revised). Termination of Industrial Property Rights
Patents, petty patents, and industrial property registrations shall terminate as follows:
Industrial Property Rights Owner
Article 46 (revised). 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 industrial property owner shall be the hirer, except where agreed otherwise by the parties.
Article 47 (revised). Rights of the Industrial Property Owner
The industrial property owner has the following rights:
Term of Protection of Industrial Property
Article 48. Term of Protection of Patents
The term of protection of patents shall be 20 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 in advance.
Article 49. Term of Protection of Petty Patents
The term of protection of petty patents shall be 10 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 in advance.
Article 50. Term of Protection of Industrial Designs
The term of protection of industrial designs shall be 15 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 every five years in advance.
Article 51 (revised). Term of Protection of Trademarks
The term of protection of trademarks shall be 10 years from the date of registration. Upon expiry the term of protection may be indefinitely renewed and each period of renewal will be for 10 years.
In order to maintain the term of protection the owner of the trademark shall pay fees every 10 years in advance.
Article 52. Term of Protection of Layout-designs of Integrated Circuits
The term of protection of layout-designs of integrated circuits shall be 12 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 in advance.
Article 53. Term of Protection of Geographical indications
The term of protection of geographical indications is unlimited and commences from the date of receipt of the registration certificate and payment of a one-time fee.
Article 54. Term of Protection of Trade Secrets
Trade secrets are protected for an unlimited period or until their secrecy is lost.
Rights and Obligations of the Industrial Property Owner
Article 55 (revised). 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 56 (Revised). 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 55 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 57 (revised). Rights of the Trademark Owner
A trademark owner has the following rights:
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 58 (revised). Rights of Integrated Circuit Layout-Design Owner
A Integrated Circuit Layout-Design Owner has the right to prevent others without the owner’s authorization from:
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 59 (revised). Rights of Geographical Indication Registration Owner
The owner of the registration of a geographical indication shall have the following rights:
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 60 (revised). 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 61 (revised). 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.
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 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 62. Obligations of the Industrial Property Owner
A industrial property owner has following obligations:
Limitation of Rights on Industrial Property
Article 63 (revised). 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 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 defiance 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 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 60 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 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 64 (revised). Non-Use of Trademarks
A non-use of trademark is following cases:
Any individual, legal entity or organization may request to the Ministry of Science and Technology to cancel the registration of the non-use of the trademark. In any cancellation proceeding, the owner shall be entitled to present reasons justifying the non-use of the trademark. Obstacles 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 65.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 66 (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 perform under the requirements or within the time-period provided by the Ministry of Science and Technology. The Ministry of Science and Technology will order the suspension of the exploitation of such geographical indications if the registrant fails to perform under the requirements and within the time-period.
New Plant Variety
New Plant Variety Requirements
Article 67 (new). Genera and Species
The genera and species are described in the separate Regulations.
Article 68 (revised). Requirements for Registration of New Plant Varieties
The registration of a new plant variety shall meet all the following requirements:
1. new;
2. distinct;
3. uniform;
4. stable;
5. the variety is designated by a denomination in accordance with the provisions of Article 73 of this Law.
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:
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 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.
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 73 (new). Variety Denomination
New plant variety shall denominate the following requirement:
Registration of New Plant Varieties
Article 74 (revised). Eligibility to Submit an Application
Any individual, legal entity or organization eligible to submit an application is as follows:
Article 75 (revised). Priority
A claim of priority is as follows:
Article 76 (revised). Application for Registration
Any individual, legal entity or organization eligible to apply for plant breeders 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:
An application may include a claim for priority as provided in Article 75 of this Law.
The Ministry of Science and Technology shall accept the application and assign a filing date to an application that contains the name and address of the applicant, description of the variety, and filing fee, provided that to obtain a plant variety certificate all the requirements of this Article must be satisfied within the times set.
Article 77 (revised). Examination
An application for plant variety protection shall be subject to an examination for formalities and a substantive examination for compliance with the conditions and shall be published as set forth in the Regulations.
In the course of the examination, the Ministry of Science and Technology may cause the growing of the variety or the carrying out of other necessary tests, or take into account the results of growing tests or other trials which have already been carried out.
Where an application has been filed in another country, the applicant may furnish the application and examination report from the plant variety authority in such country and request that such report be adopted. If the Ministry of Science and Technology finds such information insufficient to conduct its examination, it may require further data or may conduct its own growth trials at applicant’s expense.
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.
Rights and Obligations of the New Plant Variety owner
Article 78 (revised). Rights of the Plant Variety Owner
The new plant variety owner has rights as follows:
1. to prevent individual, legal entity or organization:
1.1. production or reproduction;
1.2. conditioning for the purpose of propagation;
1.3. offering for sale;
1.4. selling or other marketing;
1.5. exporting, importing;
1.6. stocking for any of the purposes mentioned in items 1.1 to 1.5, 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 1.5 of this Article in respect of harvested material, including entire plants and parts of plants, obtained through the unauthorized 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 70 of this Law from the protected variety;
3. varieties whose production requires the repeated use of the protected variety.
No individual, legal entity or organization other than the plant variety owner shall undertake any of the acts described in paragraphs 1 through 3 of this Article in the Lao PDR without authorization by the plant variety owner, and except as otherwise provided in this Law.
Article 79 (revised). Term of Protection of the New Plant Varieties
The term of protection of the new plant variety shall be, for trees and vines, a fixed period of 25 years from the date of grant of the breeder’s right and for other varieties of plants, 20 years from the date of grant of the breeder’s right.
In order to maintain the term of protection, the new plant variety owner shall pay annual fees in advance.
Article 80 (new). 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 78 of this Law.
Article 81.Obligation of the New Plant Variety Owner
The owner of the new plant variety has obligation as the same as industrial property owner under Article 62 of this law.
Exceptions and Limitations Relating to New Plant Varieties
Article 82 (revised). Exceptions to the Breeder’s Right
The exceptions to the breeder’s right are as follows:
1. The breeder’s right shall not extend to:
1.1. acts done privately and for non-commercial purposes;
1.2. acts done for experimental purposes;
1.3. acts done for the purpose of breeding other varieties, and, except where the provisions of paragraph 3 of Article 78 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.
2. Notwithstanding Article 78, a farmer may 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 78 paragraph 3, items 1 or 2, provided that such protected variety was obtained with the authorization of the holder of the plant variety protection granted hereunder.
Article 83 (new).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 78 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 84 (new).Measures Regulating Commerce
The grant of a breeder's right shall not be construed as authorizing any person to exploit it freely in the territory of the Lao PDR, but depending on administrative measures of the concerned authorities such as:
Article 85 (new).Nullity of the Breeder’s Right
A breeder’s right granted by the Lao PDR shall be nullified as following cases:
Article 86 (new).Cancellation of the Breeder’s Right
A breeder’s right granted by the Lao PDR may be canceled as following cases:
No breeder’s right shall be cancelled for reasons other than those referred to in paragraph 1 of this Article.
Article 87 (revised). Restrictions Based on Public Interests
Where it is necessary to meet an urgent public needs and to ensure food supply or to prevent commercial monopolies, the government can issue notifications allowing the exploitation of a protected variety without the authorization of the right owner. Procedures and conditions for such authorization shall be as provided for patents, mutatis mutandis, as prescribed in the Article 63 of this Law.
Copyright and Related Rights
Protection of Copyright
Article 88 (revised). 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 or object code;
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;
For purposes of copyright, a work is created when it is fixed in a tangible medium.
Article 89 (revised). 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 90 (revised). Items Ineligible for Copyright Protection
The following are ineligible for copyright protection:
Protection of Related Rights
Article 91 (revised). Persons Eligible for Protection
The person eligible for protection of related rights shall be as follows:
Article 92 (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 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 to which the Lao PDR is a party.
3. broadcasting or broadcasting of a satellite signal carrying encrypted or unencrypted programs:
3.1. broadcasting or broadcasting of a satellite signal carrying encrypted or unencrypted programs in the country or abroad by Lao citizens, aliens or stateless persons residing in the Lao PDR;
3.2. broadcasting or broadcasting of a satellite signal carrying encrypted or unencrypted programs by foreign nationals in the Lao PDR;
3.3. broadcasting or broadcasting of a satellite signal carrying encrypted or unencrypted programs which are protected under international conventions 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 and 3 of this Article without prejudice to copyright in the works.
Notification of Copyright or Related Rights
Article 93 (revised). 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 94 (revised). 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.
Copyright Owners
Article 95 (revised). 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 96 (revised). Creative Contributors to Performances and 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 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 97 (new). 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
1.1. to claim authorship of the work;
1.2. to have his or her name shown and used in connection with publicity concerning the work;
1.3. to use a pseudonym or to publish the work anonymously;
1.4. to object to any misattribution of the work to another;
1.5. 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 98 (new).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:
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:
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:
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:
The author or other copyright owner shall have the exclusive right to carry out or authorize or prohibit:
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:
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.
Article 99 (new).Infringement of Moral and Economic Rights
No individual, entity or organization other than the author shall undertake any of the acts described in Article 97 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, entity or organization other than the author shall undertake any of the acts described in Article 98 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 100 (revised). 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 101 (new).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.
Related Rights Owners
Article 102 (revised). Related Rights Owners
Related rights owners are as follows:
1. performers;
2. phonogram producers;
3. broadcasters and broadcasting organizations.
Article 103 (new). 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 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 104 (new).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 105 (revised). Rights of Producers of Phonograms
Producers of phonograms shall enjoy the exclusive right to the following acts:
Article 106 (new). 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 producers of phonograms.
Article 107 (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 108 (revised). Infringement of Related Rights
The provisions of Article 99 shall apply mutatis mutandis to the related rights of performers, producers of phonograms, broadcasters and broadcasting organizations as set forth in Articles 103, 104, 105, 106, and 107 of this Law.
Term of Protection of Copyright and Related Rights
Article 109 (revised). 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:
2.1. the 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, 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 110 (revised). Term of Related Rights Protection
The term of related rights protection is as follows:
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.
Limitations and Obligations of Copyright and Related Rights
Article 111 (new). Acts Consistent with Fair Use
The following acts shall be permissible without consent of the author, and without remuneration:
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:
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:
Article 112 (revised). Limitations and Exceptions to Related Rights
The limitations and exceptions applicable to copyright shall likewise apply to related rights, mutatis mutandis.
Article 113. Obligations of the Copyright and Related Rights Owner
The obligations of the copyright and related rights owner shall be implemented pursuant to Article 62 of this Law.
Collective Management Organizations
Article 114 (new). Collective Management Organizations
Collective management organizations are associations 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.
Article 115 (new). Role of Associations Managing Copyright and Related Rights
Associations managing copyright and related rights shall perform the following roles:
Article 116 (new).Rights and Obligations of Associations Managing Copyright and
Related Rights The associations managing copyright and related rights shall have the rights and obligations as follows:
Violations of Intellectual Property and Unfair Competition
Violations of Intellectual Property
Article 117 (revised). Violations of Industrial Property Rights
Violations of industrial property are any acts as provided in Article 55 to 61 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:
Article 118 (revised). Violation of Plant Variety Rights
Violations of plant variety rights are as follows:
It shall not be a violation to carry out any of the acts specified in Article 78 of this Law where:
Article 119 (revised). Violation of Copyright and Related Rights
Violations of copyright and related rights are as follows:
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 unencrypted programs for commercial purposes without the authorization of the lawful distributors.
Article 120 (revised). Unfair Competition
Any act of competition contrary to honest practices in industrial or commercial matters constitutes an act of unfair competition. The following acts shall constitute acts of unfair competition and shall be prohibited:
Article 121 (new). 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 Law to create, sell, offer for sale, advertise or otherwise market, or to import or export counterfeit trademark goods.
Article 122 (new). 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:
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.
Dispute Resolution
Forms of Dispute Resolution
Article 123.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;
6. International dispute settlement.
Article 124 (new). Right to Choose the Forms of Dispute Resolution
Upon an intellectual property dispute arises, the parties may choose any form of dispute resolution as provided for in Article 123 of this Law.
Article 125 (revised). 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.
The parties may choose the mediation form to resolve their dispute at any time in accordance with laws and regulations.
Article 127.Administrative Remedies
The parties may request the intellectual property administration authority for dispute resolution relating to intellectual property in accordance with laws and regulations.
Article 128 (new). Administrative Remedies of 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 and regulations.
The administrative remedy procedures for dispute resolution relating to intellectual property at borders are set out in a specific regulation.
Article 129 (new).Remedy through Economic Dispute Resolution Committee
The parties may request the Economic Dispute Resolution Committee at anytime to resolve their intellectual property dispute in accordance with the Law on Economic Dispute Resolution and other relevant laws and regulations.
Article 130. 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 131.International Dispute Settlement
The intellectual property dispute settlement of international nature shall be proceeded in accordance with international conventions or agreements to which the Lao PDR is a party.
Court Proceedings and Enforcement
Article 132 (new). 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.
A plaintiff in the meaning of Article 132 of this Law may be intellectual property owner, federations or associations representing interested industrialists, producers, or merchants, and associations managing copyright and related rights or any other person who suffers damages from any intellectual property violations.
Article 134 (new). 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 135 (new).Special Evidence Issues in Intellectual Property Enforcement
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 person, 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 117 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 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:
Article 136 (new). Invalidity and Cancellation
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 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 137 (new).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 138 (new).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 139 (new).Right of Information
Unless it would be out of proportion to the seriousness of the infringement, the 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 140 (new).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 141 (new).Provisional Measures
A individual, legal entity or organization may file a complaint requesting the People’s Court to order prompt and effective provisional measures to:
Article 142 (new).Requirements for Application for Provisional Measures
An application for provisional measures shall be required to:
Article 143 (new).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 144 (new).Review of Provisional Measures
Provisional measures taken on the basis of Articles 141 and 142 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.
Article 145 (new).Criminal Offenses of Intellectual Property
The criminal offenses of intellectual property shall be as follows:
Management and Inspection
Management
Article 146 (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 other sectors and authorities have the rights and duties to manage intellectual property according to their roles.
The intellectual property supervision authority includes:
1. Ministry of Science and Technology;
2. the Provincial, Capital Authority for Science and Technology.
If required, town and municipal science and technology offices may be established.
Article 147 (revised).Rights and Duties of the Ministry of Science and Technology
In the management of intellectual property the Ministry of Science and Technology has the following rights and duties:
Article 148.Rights and Duties of the Provincial, Capital Authority for Science and Technology
In the management of intellectual property, the Provincial, Capital Authority for Science and Technology has the following rights and duties:
Article 149.Prohibitions on Officers who are Responsible for Intellectual Property
Activities Officers who are responsible for intellectual property activities are prohibited from doing the following:
Inspection
Article 150.Intellectual Property Inspection Authority
Intellectual property inspection authorities include:
- the National Assembly;
- the State Audit Authority;
- the Government Inspection and Anti-Corruption Authority.
Article 151.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 152. 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. emergency inspections.
Routine inspections are regular planned inspections.
Irregular inspections by advance notice are not planned inspections and are carried out where considered necessary, hence the advance notices.
Emergency inspections, is an urgent inspection whereby the inspected party is not notified.
Article 153.Inspection of Intellectual Property at Border Checkpoints
In order to intercept intellectual property violations, customs officers and other officers assigned to border checkpoints have the rights and duties in accordance with laws and regulations to inspect goods exported and imported, seize and impound goods which violate intellectual property.
Article 154.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.
Awards and Sanctions
Individuals, legal entities or organizations who have remarkable accomplishment in implementing of the Law on Intellectual Property, such as management and inspection of intellectual property shall be awarded merits or other forms according to rule.
Article 156.Policies for Inventors and Creators
Individuals, legal entities or organizations that have remarkable accomplishment in invention and creation will be awarded merits and other forms according to rule.
Article 157.Measures against Violators
Individuals, legal entities or organizations that violate the Law on Intellectual Property will be subject to education or warning, disciplinary action, fines, civil compensation, and/or criminal punishment as the case may be.
Article 158.Education or warning Measures
Individuals or organizations that violate the Law on Intellectual Property for the first time which is an unintentional violation and resulted in damages of less than 500,000 Kip will be educated or warned.
Article 159.Disciplinary Measures
Officials and officers who violate the Law on Intellectual Property and minor prohibitions which are not criminal offences and result in damages of less than 500,000 Kip, but who failed to report the violation or avoided the violation will be subject to disciplinary action as follows:
1. warned under civil service regulations and have the violation recorded;
2. promotion, salary raise and merits shall be suspended;
3. removed or transferred to a lesser position and duties;
4. removed from the civil service without any benefits.
Any individual, legal entity or organization who intentionally violates the Law on Intellectual Property or who commits a second or later unintentional violation shall be fined 1% of the damages value occurred.
Any individual, legal entity or organization that intentionally violates for a second time or repeatedly shall be fined 5% of the damages value occurred for each violation.
Ministry of Science and Technology shall issue the Regulation to implement fines.
Any individual, legal entity or organization that violates this Law and causes damages to any other person shall be liable for such damages.
Article 162 (revised).Criminal Measures
Individuals that violate intellectual property rights, counterfeit, deceive, fraud or commit acts of unfair competition that result in damages against third parties, will be imprisoned between three months and up to two years and fined between 500,000 – 10,000,000 Kip.
In the event of other offences which are criminal in nature, the violator will be punished under Criminal Law.
Article 163.Additional Measures
In addition to the punishments set forth in Articles 162 of this Law, the violator may be subject to additional measures, in particular, suspension, withdrawal of business licenses, seizure of infringing goods and equipment involving in the commission of the offence.
Final Provisions
The government of the Lao People’s Democratic Republic shall implement this Law.
This Law shall be effective 90 days after the President of the Lao People’s Democratic Republic issues the promulgating decree.
Regulations and provisions, which contradict this Law, are hereby repealed.
President of the National Assembly
Pany YATHOTOU