Legislative Implementation of Flexibilities - Lao People's Democratic Republic

Title:	Sections 53-54 of the Intellectual Property Law of 14/01/2008
Field of IP:	Patents
Type of flexibility:	Compulsory licenses and government use
Summary table:

Provisions of Law

Section 53: Compulsory license of Patent or Petty Patent

In case of necessity in protection of the country, protection of peace, food supply, safety concerning health of the people of Lao, without the purpose of trade, the Government may permit a person and other organization to exploit the patent or petty patent without the consent of the owner of said patent or petty patent. However, the exploitation must be based on the scope of permission of the government. The owner of the patent or petty patent must be informed and be paid a suitable royalty. The owner of the patent or petty patent can submit on argument on the unsuitable order or royalty within 60 days from the date of having be informed of such order.In case the country is in emergency status due to natural causes or war, the Prime Minister can order a person or organization to exploit the patent or petty patent and to proceed as stated earlier.

Section 54: Exploitation of Patent or Petty Patent

In case of the invention or device which has been granted a patent or petty patent has not been exploited or not fully exploited 3 years after grant of the patent or petty patent, the government shall inform the owner of the rights to submit on explanation in writing within 90 days. If there is no response or the response is not satisfactory, the government shall allow others who apply for exploitation to exploit same.