Intellectual Property Law

LAOS TRADEMARK LAW OF 1995

By IBLS Editor

Originally unified as the ancient Lao kingdom of Lan Xang, which was established in the 1300's under King Fa Ngum, this lush Asian state is known now as Lao People's Democratic Republic (?PDR?), or simply Laos. Despite being a regional player for hundreds of years, the kingdom entered decline until it was finally mastered by Siam (Thailand.) from the late 1800's till the late 19th century. France brought Laos into the French Indochina territories at the end of the 19th century.  In 1975, after the end of the Vietnam war, Communist Pathet Lao wrested control of the government from the six-century-old monarchy and aligned the state with Vietnam and its highly structured regime. Change came as the country slowly eased out of communism and reestablished private enterprise and opened the door to foreign investment, starting in 1986. Laos was ushered into ASEAN in 1997.

Mountainous Laos is located in southeastern Asia, located northeast of Thailand, and west of Vietnam and is slightly larger than Utah, with a population of about six and a half million residents. Intellectual Property Rights (?IPR's?) are an underdeveloped area in the law, and the only intellectual property law in force are the Prime Minister?s Decree on Trademarks No 06/PM (1995) and a Prime Minister?s Decree on Patent, Petty Patent and Industrial Designs No 01/PM (2002).

These questions about Laotian Trademarks law will be answered: What is considered a ?Mark? or a ?Trademark? in Laos law?; What Should be Included in a Trademark Application?; How Long Does the Protection Conferred Last? What Criteria can Block a Trademark from Being Accepted?; What is Trademark Infringement in Laos & What Remedies Exist?

What is considered a ?Mark? or a ?Trademark? in Laos law? (Section I, Article 2)
?Mark? means any visible sign capable of distinguishing the goods or services of an enterprise. A mark may be in the form of a word, figurative element or combination thereof represented in one or any colors. A ?Trademark? means a sign used to be a mark of goods or services to designate the goods and services belonging to the owner of the created trademark.

What Elements Should be Included in a Trademark Application? (Section II, Article 7)
Such an application must include: A request for the registration of trademark; Some specimens of the trademark; A list of the goods or services with the description of characteristics and quality that are to bear the mark and other necessary relevant documents. Individuals or legal entities requesting to register a trademark shall apply to the Science, Technology and Environment Organization.

How Long Does the Protection Conferred Last?  (Section II, Article 11)
The item trademarked shall be protected for ten years from the date of application and protection can be extended every ten additional years.

What Criteria can Block a Trademark from Being Accepted? (Section II, Article 12)
A trademark cannot be registered if:  A mark is unclear and is incapable of distinguishing the goods or services of one enterprise from those of other enterprises; is contrary to the national cultural morality and public order; is likely to mislead the public or trade circles, in particular as regards the geographical origin, nature and characteristics of the foods or services;  is identical with, or is an imitation of or contains as an element, an armorial bearing, flag or emblem, national typical culture or historical site, a name or abbreviation or any state, intergovernmental organization or organization created by an international convention; possesses the official sign or hallmark relating to the control and certification of any state or international organization, unless authorized by the state or organization concerned; is identical with, or confusingly similar to a trademark or trade name of goods or services which are widely well known.

What is Trademark Infringement in Laos & What Remedies Exist?  (Section IV, Article 17)
Infringement occurs when an individual or legal entity if they have made use without authorization of the owner of registered trademark or unfair competition relating to the use of the trademark.
The holder of such abused Intellectual Property Right may take recourse to either in Laos civil court or the penal court for an order to cease the infringements of his rights.

Full post as published by IBLS Internet Law Blog on April 02, 2008 (boomark / email).