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2017 年 11 月 15 日第 38/NA 号法律,关于知识产权, 老挝人民民主共和国

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详情 详情 版本年份 2018 日期 生效: 2018年6月8日 颁布: 2017年11月15日 文本类型 主要知识产权法 主题 专利(发明), 实用新型., 商标, 地理标志, 厂商名称, 集成电路布图设计, 未披露的信息(商业秘密), 植物品种保护, 版权与相关权利(邻接权), 知识产权及相关法律的执行, 替代性争议解决, 传统文化表现形式, 知识产权监管机构, 竞争, 技术转让 Law No. 38/NA of November 15, 2017, on Intellectual Property was published in Lao Electronic Official Gazette on May 25, 2018, and entered into force on June 8, 2018, 15 days after its publication.

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主要文本 主要文本 老挝语 ກົດ​ໝາຍ​ວ່າ​ດ້ວຍ ຊັບ​ສິນ​ທາງ​ປັນ​ຍາ, ເລກທີ່ 38/NA ຂອງວັນທີ 15 ເດືອນພະຈິກປີ 2017      英语 Law No. 38/NA of November 15, 2017, on Intellectual Property        
 
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 Law No. 38/NA of November 15, 2017, on Intellectual Property

1

LAO PEOPLE’S DEMOCRATIC REPUBLIC

Peace Independence Democracy Unity Prosperity

President No. 322/P

Vientiane Capital, 25 December 2017

DECREE

of the

PRESIDENT

of the

LAO PEOPLE’S DEMOCRATIC REPUBLIC

on the Promulgation of the Law on Intellectual Property (Amended)

- Pursuant to Chapter 6, Article 67, point 1 of the Constitution of the Lao People's

Democratic Republic (Amended), 2015;

- Pursuant to Resolution No. 070/NA, dated 15 November 2017, of the National Assembly

Session on the adoption of the Law on Intellectual Property (Amended);

- Pursuant to Proposal No. 034/NASC, dated 12 December 2017, of the National

Assembly Standing Committee.

The President of the Lao People's Democratic Republic Decrees that:

Article 1. The Law on Intellectual Property (Amended) is hereby promulgated.

Article 2. This decree shall enter into force on the date it is signed.

The President of Lao PDR

[seal and signature]

Bounnhang VORACHITH

2

LAO PEOPLE’S DEMOCRATIC REPUBLIC

Peace Independence Democracy Unity Prosperity

National Assembly No. 070/NA

Vientiane Capital, 15/11/2017

RESOLUTION

of the

National Assembly Session

on the Approval of the Law on Intellectual Property (Amended)

Pursuant to Article 53, point 1 of the Constitution of the Lao People’s Democratic

Republic (Amended), 2015 and Article 11, point 1 of the Law on National Assembly

(Amended), 2015.

After the 4 th

ordinary session of the VIII National Assembly Congress, a wide range of

studies was undertaken and an agreement was reached on the content of the Law on Intellectual

Property (Amended) in a resolution at the morning session of 15 November 2017.

The National Assembly Session agreed:

Article 1. The Law on Intellectual Property (Amended) was approved by majority vote.

Article 2. This Resolution shall enter into force on the date it is signed.

President of the National Assembly

[seal and signature]

Pany YATHOTOU

3

LAO PEOPLE’S DEMOCRATIC REPUBLIC

Peace Independence Democracy Unity Prosperity

National Assembly No. 38/NA

Vientiane Capital, Dated 15 November 2017

Law

on Intellectual Property (Amended)

Part I

General Provisions

Article 1(revised). Objectives

This law determines principles, regulations and measures relating to the management and protection of intellectual property rights [in order] to support and promote inventions, creativities, [traditional] knowledge-based economy, development of science and technology, the transfer of technology within the country and from abroad, to ensure legitimate interests of the owner of the intellectual property and the interests of state, society aiming to promote trade, investment and the competitiveness according to market based economy mechanism effectively and efficiently and integrate into regional and international levels and contribute in socio-economic development of the nation [and] industrialization and modernization of the country.

Article 2. Intellectual Property

Intellectual property is work of the human mind through inventions and creations.

Article 3 (revised). Definitions

The terms as used in this law have the following meanings: 1. Intellectual property rights mean the rights of individuals, legal entities or

organizations to their intellectual property;

2. Industrial property means intellectual property in the industrial, handicrafts,

agricultural, fisheries, commercial and service sectors;

3. Industrial property rights mean the rights of individuals, legal entities or

organizations relating to industrial property;

4. Patent means the official certificate issued by the state organization to protect

inventions that they are new, involve an inventive step and are capable of industrial

application;

5. Invention means the technical solution to create new product or process of

production to resolve a specific problem;

6. Petty patent means the official certificate issued by the state organization to

protect utility innovation;

7. Utility innovation means a new innovative work derived through technical

improvements, which involve simpler steps than with inventions in order to improve

products or new production method;

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8. Industrial design means the form or shape of the product, which is to be

created which includes the shape, pattern, line, color, etc;

9. Mark means any sign, or any combination of signs, capable of distinguishing

the goods or services of one individual, legal entity, and organization from those of other

individuals, legal entities and organizations;

10. Trademark means the mark provided for in Item 9 of this Article to use with

goods or services as well as to distinguish between these goods or services and other

goods or services;

11. Collective trademark means the trademark used by affiliated enterprises or

members of an association, cooperative, state or private organization or a group of

individuals;

12. Certification mark means the trademark, which the owner has permitted the

use of by individuals, legal entities or organizations for use with their goods or services in

order to certify the characteristic, which relates to the origin, raw materials and production

methods of the goods or methods of services supply, type, quality, safety or other

characteristics of the goods or services;

13. Well-known mark means a trademark, which is widely recognized by the

relevant sector within the territory of the Lao PDR, including where such knowledge is a

result of promotion of the trade mark;

14. Integrated circuit means a product, in its final form or an intermediate

form in which the elements of the product is an active element and some or all of the

interconnections are integrally formed in and/or on piece of semiconductor material and

the product is intended to perform an electronic function;

15. Semiconductor means a material with electrical conductivity intermediate in

magnitude between that of a conductor and an insulator;

16. Layout-design of integrated circuit means a three-dimensional disposition

however expressed, of an integrated circuit at least one element of which is an active

element and some or all of the interconnections of an integrated circuit, or such a three

dimensional disposition prepared for an integrated circuit intended for manufacture;

17. Geographical indication means a sign used to indicate a good as originating

in the territory of a country or region or locality in that territory, where a given quality

and reputation or other characteristic of the good is essentially attributable to its

geographical origin; 18. Variety means a plant grouping within a single botanical taxon of the

lowest known rank, which grouping, irrespective of whether the conditions for the grant

of a breeder’s right are fully met, can be defined by the expression of the characteristics

resulting from a given genotype or combination of genotypes, distinguished from any

other plant grouping by the expression of at least one of the said characteristics and

considered as a unit with regard to its suitability for being propagated unchanged;

19. Propagating material means a plant or any part thereof capable of

producing a new plant such as: shoots, rhizomes, seeds and branches;

20. Breeder means the person who bred, or discovered and developed, a

variety, or the person who is the employer of the aforementioned person or who has

commissioned the latter’s work, where the laws so provide, or the successor in title of the

first or second aforementioned person, as the case may be;

21. Plant variety right or breeder’s right means the right granted by the state

organization to protect a plant variety in accordance with this law;

22. Copyright means the right of individuals, legal entities or organizations to

their creative works in the domains of art, literature, or science;

23. Related right means the right of individuals, legal entities or

organizations to works of performances, phonograms, broadcasts of programs or

broadcasts of satellite signal carrying encrypted or unencrypted programs;

5

24. Work means a creative work by an individual legal entities or

organization in the domains of art, literature and science shown in any form or

method;

25. Derivative copyrighted work means a work based on one or more existing

works and includes a translation, adaptation, arrangement of music, modification,

transformation, interpretation, and other alteration of a copyrighted work;

26. Publish means, for purposes of copyright, making available to the public

with the consent of a work’s authors sufficient numbers of copies to satisfy the reasonable

demands of the public, having regard to the nature of the work. The performance of a

dramatic, dramatico-musical, cinematographic or musical work, the public recitation

of a literary work, the communication by wire or the broadcasting of literary or

artistic works, the exhibition of a work of art and the construction of a work of

architecture shall not constitute publication;

27. Publish means, for purposes of related rights, the offering of copies of the

fixation of a performance or a phonogram to the public, with the consent of the right

holder to s a t i s f y t h e r ea s o n ab l e d em an d o f the public; 28. Reproduction for purposes of copyright and related rights means the copying

of a work or phonogram or object of related rights by any method, including the

permanent or temporary copying of the work or phonogram or object of related rights;

29. Phonogram means any exclusively aural fixation of sounds of a

performance or of other sounds on recording instruments such as: audio disc, cassette,

laser disc, CD-ROM or by any other means of sound recordings;

30. Broadcasting means making works available to the public through radio or

television broadcasts or by other similar means, such as: the internet, or satellite

transmissions, transmission of audio or picture and audio with wire or wireless system;

31. Applied art means adaptations of art to be used for other purposes; 32. Priority means a claim of an earlier effective filing date in the Lao PDR or in

another country or office which based on an earlier filing of an application;

33. Exploit means to perform or offer to perform actions that are subject to the

authorization of the right holder, with or without compensation or other benefits.

Article 4. State Policy Relating to Intellectual Property

The state recognizes intellectual property and resul ts of inventions, creativities of individuals, legal entities or organizations and protects interests of the owner of intellectual property which are not contrary to the laws, culture and fine traditions of the nation, national defense, public security, health and environment.

The state supports and promotes intellectual property activities by developing

policies, strategies, laws, measures, provision of budget, development of infrastructure,

contribution and development of human resources, means and equipment.

The state supports and encourages domestic and foreign individuals, legal entities

or organizations to invest in intellectual property activities including dissemination of such

activities nationwide.

Article 5 (revised). Basic Principles Relating to Intellectual Property

The basic principles relating to intellectual property are as follows: 1. ensure compliance with the direction, policies, the Constitution,

laws, strategies and national socio-economic development plan;

2. recognize, respect, protect and ensure fairness of owner of the intellectual

property;

3. protect industrial property and new plant variety registered in accordance

with the law;

4. protect copyrights and related rights immediately;

6

5. shall ensure permission is granted by the right owners before exploitation of

intellectual property;

6. comply with international treaties or agreements to which the Lao PDR is a

party.

Article 6 (revised). Scope of Application of the Law

This law is applicable to domestic and foreign individuals, legal entities and organizations who are involving in intellectual property activities in the Lao PDR.

Article 7 (revised). International Cooperation

The state promotes foreign, regional and international cooperation in relation to intellectual property activities based on respect of each other’s independence, sovereignty, mutual benefits for the development and management of intellectual property activities, the exchange of scientific lessons, technology, information, development of human resources and implementation of international treaties and agreements to which the Lao PDR is a party.

Part II

Intellectual Property

Article 8. Intellectual Property Framework

Intellectual property is composed of: 1. industrial property;

2. new plant variety;

3. copyrights and related rights.

Article 9 (revised). Industrial Property

Industrial property is composed of: 1. patents;

2. petty patents;

3. industrial designs;

4. trademarks;

5. trade names;

6. layout-design of integrated circuits;

7. geographical indications;

8. trade secrets.

Article 10. New Plant Variety

New plant variety is composed of: 1. Plant variety that exists generally and is derived from improvements to

become a new plant variety;

2. Plant variety that is discovered in the nature and then is developed to

become a new plant variety.

Article 11. Copyright and Related Rights

Copyright and related rights include: 1. copyrights to the works in artistic domain, literary domain or scientific

domain;

2. related rights to the works of performers, producers of phonograms and

broadcasting organization.

Part III

7

Industrial Property

Chapter 1

Industrial Property Requirements

Article 12 (revised). Industrial Property Eligible for Registration Certificate

Industrial Property eligible for registration certificates are as follows: 1. patent;

2. petty patent;

3. industrial design;

4. trade mark;

5. integrated circuit layout-design;

6. geographical indication.

Trade names and trade secrets are not required to be registered but shall be

protected under this law.

Article 13 (revised). Patent Eligibility Requirements

An invention eligible for a patent shall meet the following requirements: 1. shall be new meaning that such invention has not been existed, not been

disclosed to the public by journal or by actual use or in any other means in the Lao PDR

or any place in the world prior to the date of filing the application for registration or prior

to application for priority date for such patent;

2. shall involve increased inventive steps compared to previous invention;

3. shall be industrially applicable in industry, handicraft, agriculture, fishery,

trade, services, etc.

Article 14 (revised). Petty Patent Eligibility Requirements

A utility innovation eligible for a petty patent shall meet the following requirements:

1. shall be new in the sense that it has not been previously known or used in the

Lao PDR within one year prior to the date of submitting an application;

2. shall have new technical improvement that involves an inventive step which

has easier inventive steps than required for a patent;

3. shall be applicable in industry, handicraft, agriculture, fishery, commerce,

services, etc.

Article 15 (revised). Eligibility Requirements for Industrial Design Certificate

A design eligible for industrial design certificate shall meet the following requirements:

1. shall be new in a sense that it has not been disclosed to the public through

magazines or by actual use or displayed, or in any other means in the Lao PDR or any

place in the world prior to the date of filing the application for registration or prior to the

priority date of the application for registration;

2. shall be ornamental in a sense that it gives a special appearance to the

object to which the design is applied or in which it is embodied.

Article 16 (revised). Eligibility Requirements for Trademark Certificate

A mark eligible for trademark certificate shall meet the following requirements: 1. the mark may be any sign, or any combination of signs, capable of

distinguishing the goods or services of individual, legal entity or organization from those

of other individuals, legal entities or organizations. Such signs may include words,

personal names, letters, numerals, figurative elements, shape, three dimension picture,

motion picture or package of products and combinations of colors as well as any

8

combination of such signs;

2. the mark is not identical to a previously registered mark, well-known

mark, or geographical indication for the same goods or services;

3. the mark is not similar to a previously registered mark or well-known mark

for the same, similar, or related goods and services, where the use of the later mark would

tend to cause confusion as to the source of the goods or services or create a false

impression that they are connected or associated with another party;

4. the mark does not contain characteristics prohibited under Article 23 of

this law.

Any trademark shall be deemed well-known when it meets all the following

requirements:

1. the trademark is a mark, as defined in the above paragraph, which is

widely recognized by the relevant sector within the territory of the Lao PDR, as

indicating the goods or services of the proprietor of the mark that is claimed to be a well-

known mark;

2. the trademark is not contrary to the requirements for registrability in the

Lao PDR; 3. In considering whether a mark is a well-known mark, shall have evidence of

such facts as are mentioned below:

3.1 the relevant sectors of the public recognize the mark by way of trade,

use of the trademark on or in connection with goods or services or through advertising;

3.2 the products, goods, services are widely circulated bearing the

trademark within the territory;

3.3 the volume of goods sold or services provided;

3.4 regular and continuous period of use of the trademark;

3.5 goodwill associated with use of the trademark with the goods or services

based on such factors as good quality, service, or their popularity;

3.6 domestic consumers certify and widely recognize the reputation of the

trademark;

3.7 high value of investment in the trademark such as investment in

advertisement or creation of image of such trademark.

A well-known trademark whether registered or otherwise shall be protected in

accordance with laws.

Article 17 (revised). Eligibility Requirements for Layout-Design of Integrated Circuits

Certificate

A layout-design of integrated circuit e l i g i b l e f o r lay-out design of integrated circuit certificate shall meet all the following requirements:

1. the layout-design is original which is not similar to the layout-design of

others which is created from an idea of a creator and is not commonplace among

creators of layout- designs and manufacturers of integrated circuit at the time of its

creation;

2. the layout-design consists of an integration of elements and interconnections

that are commonplace shall be protected only if the combination, taken as a whole, fulfills

the conditions of item 1;

3. the application for registration is submitted before the layout-design circuit is

commercially exploited anywhere in the world by the right holder or within two years

from date of commercial exploitation.

Article 18 (revised). Eligibility Requirements for Geographical Indication Certificate

A product eligible for a geographical indication certificate shall meet all the following requirements:

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1. the indication identifies a good as originating in a particular geographical

country or territory, or a region or locality in that territory;

2. a given quality and reputation or other characteristic of the good is

essentially attributable to its geographical origin. Such quality, reputation, or characteristic

may be based on natural factors including conditions of the soil, air, water, ecological

system, natural conditions and on human factors including skill and the experience of the

manufacturers and traditional production methods of that locality.

Article 19. Trade Name

A trade name is a name of an enterprise which is used for business operations. The trade name shall be protected without the obligation of filing or registration, whether or not it forms part of a trademark.

Article 20 (revised). Trade Secrets

A trade secret is a secret information which cannot be disclosed regarding to

formula, production process or any information which has commercial value in the sense

that it is not known among or readily accessible to persons within the circles that

normally deal with the kind of information in question.

Chapter 2

Industrial Property Ineligible for Registration

Article 21 (revised). Inventions or Utility Innovations Ineligible for Patents or Petty Patents

Inventions or utility innovations ineligible for patents or petty patents shall be as follows:

1. inventions or utility innovations that are not novel, if they are discovered exists,

including living organisms or parts of living organisms that exist in nature;

2. subject matter that is not an invention does not constitute a technical solution

because it is merely a scientific principle or theory, a mathematical algorithm, or a set

of rules for doing business or playing games, provided however, that such subject matter

may constitute an element of an invention or utility innovation;

3. diagnostic, therapeutic and surgical methods for the treatment of humans or

animals;

4. plants and animals other than micro-organisms, and essentially biological

processes for the production of plants or animals provided however, that such subject

matter may constitute an element of an invention or utility innovation.

A patent or petty patent shall be refused, in any case, if:

1. It is contrary to culture and fine traditions of the nation, social orders and

morale, damage human, animal or plant life or health or cause serious prejudice to the

environment;

2. It is contrary to security and peace of the Lao PDR.

Article 22. Designs Ineligible for Industrial Design Registration

Designs ineligible for industrial design registration shall be as follows: 1. A design the appearance of which is dictated by technical features of the

object to which the design is applied or in which it is embodied;

2. A designs that is contrary to social order and the fine traditions of the

nation.

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Article 23 (revised). Marks Ineligible for Trademark Registration

Marks ineligible for trademark registration shall be as follows: 1. the mark that does not distinguish the goods or services of the applicant

from those of another individual, legal entity or organization;

2. the mark that consists exclusively of signs or indications which is served, in

trade, to designate the kind, quality, quantity, intended purpose, value, place of origin, of

the goods, or the time of production, or of signs that have become customary in the

current language or in the good faith and established practices of the trade in the Lao

PDR;

3. the mark that is of such a nature as to deceive or mislead the public or trade

circles in which the mark is used or is of a fake or fraudulent nature;

4. the mark that consists of or comprises sign that mislead the public as to the

origin, nature, the manufacturing process, the characteristics, the suitability for their

purpose, or the quantity, of the goods or services;

5. the mark that consists of or contains, without authorization from the relevant

governmental entity, armorial bearings, flags, or other national emblems, and official

signs, hallmarks, abbreviations or full names of towns, municipalities, provinces or capital

of the Lao PDR or foreign countries;

6. the mark that consists of or contains, without authorization from the relevant

state or international organization, an emblem of an international organization or symbols

created by international conventions, official seals or symbols of state or international

organizations;

7. the mark that consists of or contains, without authorization, the name, image,

or likeness of a living person;

8. the mark that consists of or contains, without authorization images of cultural

symbols or historical monuments, or the name, image, or likeness of a national hero or a

leader, or the mark would be offensive or contrary to the fine traditions of the nation;

9. the mark that is identical or similar to trademarks already registered for the

same, similar, or related goods or services;

10. the mark that is identical, or similar to a well-known mark for the same,

similar or related goods or services;

11. the mark that is identical, or similar to a trade name for a business that

provides the same, similar, or related goods and services;

12. the above-mentioned mark that would lead to a likelihood of confusion as to

the source of the goods or services or falsely suggest an association with the registered

mark or well-known mark or trade name, as appropriate;

13. the mark that consists of or bears a geographical indication which identifies a

place other than the true origin of the products;

14. the mark that consists of or bears a geographical indication which, although

literally true as to the territory, region or locality in which the goods originate, falsely

represents to the public that the goods originate in another territory;

15. the mark consists of or contains matter which may disparage or falsely

suggest a connection with persons, living or dead, institutions, beliefs, or national

symbols, or contempt, or disrepute;

16. the mark is of such a nature as to create confusion with the establishment, the

goods, or the industrial or commercial activities, of a competitor;

17. the mark is of such a nature that its use in the course of trade would discredit

production place of goods, or the industrial or commercial activities, of a competitor;

18. the mark is contrary to national security, social order, culture and the fine

traditions of the nation. The nature of the goods or services is not the case for denying of the registration

of the mark.

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Article 24. Objects Ineligible for Layout-designs of Integrated Circuits Registration

Objects ineligible for registration of an integrated circuit layout-design shall be as follows:

1. principles, processes, systems or methods operated by integrated circuits;

2. information or software contained in the integrated circuits.

Article 25 (revised). Geographical Indications Ineligible for Registration

Geographical indications ineligible for registration shall be as follows: 1. geographical indications which are likely to mislead or confuse consumers as

to the true source origin of goods;

2. names of geographical indications which have become customary names of

such goods in the Lao PDR;

3. geographical indication with respect to products of rice, coffee, tea and wine

for which the relevant indication is identical with the customary name of varieties of

rice, coffee, tea and grape existing in the Lao PDR;

4. geographical indication of another country where such geographical

indications are not or cease to be protected in their country of origin, or which have

fallen into disuse in that country;

5. geographical indications which are identical with or similar to protected

trademarks where use of the indications will lead to misunderstanding or confusion as

to the origin of the said goods;

6. a geographical indication that is homonymous with a protected geographical

indication for rice, coffee, tea and wine.

Chapter 3

Protection of Industrial Property

Article 26 (revised). Persons Eligible for Protection of Industrial Property

Persons eligible for protection of industrial property shall be as follows: 1. a Lao citizen or resident in the Lao PDR, or a legal entity or organization

established under the laws of the Lao PDR;

2. an individual that is a national of any country which is a member of the

Paris Convention or other international agreement relating to the protection of industrial

property and of which the Lao PDR is also a member;

3. an individual who is a resident of the Lao PDR or of the territory of any

member of the Paris Convention or other international agreement relating to the

protection of industrial property and of which the Lao PDR is also a member;

4. an individual, legal entity or organization with a real and effective

industrial or commercial establishment in the territory of any member of the Paris

Convention or of any other international agreement that relates to the protection of

industrial property and of which the Lao PDR is also a member.

Foreign individuals, legal entities or organizations are eligible for protection of

industrial property no less favorable than Lao citizens.

Article 27 (revised). Filing of Applications

Domestic or foreign individuals, legal entities or organizations may apply for registration of their industrial property with the Ministry of Technology and Science or with an international intellectual property registration organization to which the Lao PDR is a party.

Any individual, legal entity or organization residing in a foreign country

wishing to apply for industrial property registration shall have a business premise or an

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authorized representative in the Lao PDR.

The applicant without a business premise or residence in the Lao PDR shall

appoint an authorized representative in the Lao PDR to carry out transactions related to

intellectual property in the Lao PDR.

The application shall include the documents set forth from Articles 31 to

Article 35 of this law.

Article 28 (revised). Principles for Consideration of Applications

In case there are more than one applications are filed for the same subject matter, registration of industrial property shall be awarded on the basis of the application with the earliest filing date, taking into account the priority date (if applicable), where such application satisfies the requirements for the protection requested.

Article 29 (revised). Priority Date

An applicant requesting for a patent or petty patent, registration of an industrial design or trademark may claim priority date based on one or more earlier applications submitted to the Ministry of Science and Technology, or in another country or an office for registration of other industrial property in accordance with international treaties or agreements to which the Lao PDR is a party.

The applicant who was first granted priority date in the Lao PDR or in another

country or an office for registration of other an industrial property in accordance with

international treaties or agreements to which the Lao PDR is a party is deemed as the

priority date of the applicant for patent, petty patent, registration of an industrial design or

trademark submitted in the Lao PDR.

Once a priority date is granted, all document related to patent, petty patent,

registration of an industrial design or trademark that subsequently filed before the

expiration of the priority periods shall not be invalidated by reason of any acts

accomplished in the interval, in particular, another filing, the publication or exploitation of

the invention, the putting on sale of copies of the design, or the use of the mark, and such

acts cannot give rise to any third-party right or any right of personal use.

After a priority date claim is submitted, the applicant shall submit a copy of the

application on which the priority claim is based in the Lao PDR, a certificate of priority

date must be certified by the authority which received such application and showing the

date of filing. Such documents shall not require any authentication, and may be filed,

without fee, at any time within three months of the filing of the application in the Lao

PDR.

If an applicant claiming priority does not satisfy the requirements to establish

priority, the priority claim shall be deemed to have been waived. In such case, or where

no priority is claimed or an application is received after the expiration of the specified

priority period, the effective filing date shall be the actual filing date of the complete

application in the Lao PDR.

For patents and petty patents the priority period is twelve months from the

priority date. For industrial designs and trademarks the priority period is six months from

the priority date.

Article 30 (revised). Temporary Protection of Inventions, Utility Innovations, Industrial

Designs and Trademarks at Certain Exhibitions

Inventions, utility innovations, industrial designs and trademarks in respect of products or goods or services officially exhibited or at international recognized exhibitions shall be granted a temporary protection upon request of owners of the products or goods or services, the request for such protection is filed within six months from the date on which they are exhibited at such exhibition.

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The temporary protection shall be deemed to have been filed on the date on which

the product or goods or services were first exhibited.

The temporary protection shall not be applied so as to extend any other claim of

priority.

Article 31 (revised). Application for a Patent or Petty Patent

An application for a patent or petty patent shall include the following documents:

1. a prescribed application form for a patent or petty patent;

2. if the applicant is represented, a power of attorney and the name and

address of the applicant’s representative in the Lao PDR;

3. description that discloses the invention or utility innovation in such clear

and complete terms as to enable a person of ordinary skill in the relevant field of

technology to understand and exploit the invention or utility innovation; the description

shall disclose the best mode of making or using the invention or utility innovation;

4. description for claims that clearly specify the subject matter to be protected

and are supported by the description;

5. drawings where necessary;

6. abstract;

7. receipt for payment of fees and service charges.

The application may include a claim for priority date (if any) as provided in

Article 29 of this law.

An application for a patent or petty patent shall relate to one invention or utility

innovation only or a group of related inventions or utility innovations so linked as to

form a single inventive concept as per the international classifications.

The Ministry of Science and Technology shall accept the application and

assign a filing date to an application that contains at least documents as provided in items

1, 3 and 7 of the above-mentioned paragraphs:

Any individual, legal entity or organization wishes to obtain a patent or petty

patent, shall satisfy all requirements within specified time set by the Ministry of

Science and Technology.

Article 32 (revised). Application for Registration of Industrial Design

An application for registration of industrial design shall include the following documents:

1. a prescribed application form for registration of the industrial design; 2. if the applicant is represented, a power of attorney and the name and address

of the applicant’s representative in the Lao PDR; 3. one or more drawings or photographs that clearly disclose the industrial

design as needed to illustrate its appearance;

4. a brief statement of the type of goods to which the industrial design relates;

5. receipt of payment of fees and service charges.

The application may include a claim of priority as provided in Article 29 of this

law (if applicable).

Each application for industrial design registration shall apply to a single

industrial design or a series of related designs for a single class as per the international

classifications.

The Ministry of Science and Technology shall accept the application and

assign a filing date that contains, at least documents as provided in items 1, 3 and 5 of the

above-mentioned paragraph

Any individual, legal entity or organization wishes to apply for registration of

industrial design, shall satisfy all requirements within the specified time period set by the

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Ministry of Science and Technology.

Article 33 (revised). Application for Registration of Trademark

An application for registration of trademark shall include the following documents:

1. a prescribed application form for registration of trademark;

2. if the applicant is represented, a power of attorney and the name and

address of applicant’s representative in the Lao PDR

3. a clear drawing or other image or specimen of the mark;

4. description of the goods to which the trademark shall be applied or the

services in connection with which it will be used; if the application relates to a collective

trademark or certification mark, the application shall so indicate and shall include a

description of the way the mark is to be used;

5. receipt for payment of fees and service charges.

The application may include a claim of priority date (if any) as provided in

Article 29 of this law.

One registration application is valid for only one trademark but may apply to

more than one class of goods or services as per the international classifications, subject

to the payment of a fee for each class of goods or services.

The Ministry of Science and Technology shall accept the application and

assign a filing date that contains, at least documents as provided in items 1, 3 and 5 of the

above-mentioned paragraph

Any individual, legal entity or organization wishes to apply for registration of

industrial design, shall satisfy all requirements within the specified time period set by the

Ministry of Science and Technology.

Article 34 (revised). Application for Registration of Layout-designs of Integrated Circuit

An application for registration of layout-design of integrated circuit shall include

the following documents:

1. a prescribed application form for registration of layout-design of integrated

circuit;

2. If the application is represented, a power of attorney and address of applicant’s

representative in the Lao PDR;

3. description of the first commercial use of the layout-design or integrated circuit

in which it is embodied;

4. drawings of the layout-design integrated circuit sufficient to identify the

layout-design;

5. If the integrated circuit has been commercially exploited, a description of the

electronic function that the integrated circuit perform or is intended to perform;

6. receipt for the payment of fees and service charges.

One registration application is valid for only one integrated circuit layout- design.

The Ministry of Science and Technology shall accept the application and

assign a filing date that contains, at least documents as provided in items 1, 3 and 6 of the

above-mentioned paragraph.

Any individual, legal entity or organization wishes to apply for registration of

integrated circuit layout-design, shall satisfy all requirements within the times set by the

Ministry of Science and Technology.

Article 35 (revised). Application for Registration of Geographical Indications

An application for registration of geographical indications shall include the following documents:

1. a prescribed application form for registration of the geographical indication;

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2. if the applicant is represented, a power of attorney and the name and

address of applicant’s representative in the Lao PDR;

3. a clear image of the geographical indication;

4. statement of the geographical region to which the proposed geographical

indication applies;

5. goods to which the proposed geographical indication applies and applicable

methods of control;

6. statement of the basis on which the proposed geographical indication is

claimed to be a geographical indication, and evidence in support of such statement;

7. where the geographical application is based on protection in a foreign country,

evidence that the geographical indication is protected in its country of origin;

8. receipt for payment of fees and service charges. One registration application is valid for only one geographical indication.

The Ministry of Science and Technology shall accept the application and

assign a filing date that contains, at least documents as provided in items 1, 3, 5 and 8 of

the above-mentioned paragraph.

Any individual, legal entity or organization wishes to apply for registration of

geographical indication, shall satisfy all requirements within the times set by the Ministry

of Science and Technology.

Article 36. Provision of Additional Information

Where an application has previously been filed abroad and such application contains some or all of the same subject matter as the application filed in the Lao PDR, the applicant shall disclose such prior filings. The Ministry of Science and Technology may require the applicant to submit, or the applicant may on its own initiative submit copies of relevant documents, in particular, a search or examination report or copy of the patent or petty patent or industrial property registration certificate obtained abroad.

Article 37. Language Used for Filing an Application

An industrial property application and any accompanying material may be filed in either the Lao language or in the English language. Provided however, that for any application or document filed or submitted in English, the applicant must, within ninety days of such filing, supply a translation into the Lao language. Such translation must be certified to be a correct translation.

Article 38 (revised). Formality Examination of Industrial Property Registration

Application

The Ministry of Science and Technology will conduct a formality examination of each industrial property application to ensure that the application is complete, in correct form, and that fees and service charges have been paid. The Ministry of Science and Technology will notify the applicant whether the application is sufficiently complete to receive a filing date.

If the application is sufficiently complete to receive a filing date but it appears

that the application is incomplete or otherwise incorrectly filed, the Ministry of Science

and Technology will inform the applicant to complete the application within sixty days of

notification.

Article 39 (revised). Publication of Industrial Property Application

After the Ministry of Science and Technology has completed its formality examination of the application for an invention or utility invention, the application would be published in the official industrial property gazette in the nineteenth month after filing date of the application.

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With regard to applications for industrial designs, trademarks, layout-design of

integrated circuits and geographical indications shall be published after the completion of

the formality examination.

The third party may lodge a refusal claim against such application within ninety

days for paten and pretty patent [and] sixty days for industrial designs, trademarks, layout-

design of integrated circuits and geographical indications from the date of publication on

the official industrial property gazette.

Article 40 (revised). Substantive Examination of Industrial Property Applications

After completion of formality examination of the application, the Ministry of Science and Technology will examine as to substance the invention, utility invention, industrial design, trademark and geographical indication applications for registration.

The layout-design of integrated circuit registration application is not examined

as to substance.

Article 41 (revised). Claim to Carry out Substantive Examination of Industrial Property

Applications

An application for a patent is subject to a substantive examination to determine

whether it meets the requirements for patentability or for obtaining a petty patent as

described in this law. The substantive examination shall be based on a search of

existing technical knowledge. Where the application has previously been subject to a

search or examination by another authority the applicant shall submit a copy of the

report of such authority and request the Ministry of Science and Technology to consider

issuing patent and petty patent without conducting any further search.

If the applicant is unable to provide substantive examination reports for the

invention or utility innovation which is the subject of the application, the applicant may

submit a request to the Ministry of Science and Technology to examine as to substance

the application. The Ministry of Science and Technology will undertake the examination

within the following time frames thirty-two months for an invention and twelve months

for a utility innovation from the date of filing the application or the priority date.

However, all expenses incurred in the request for the examination of the invention

or utility innovation registration application shall be the burden of the requestor. The

expenses for the substantive examination depend on determination of each patent office of

another country or of international organization dealing with examination of patent which

shall conduct such substantive examination periodically.

The registration applications for industrial design, integrated circuit layout-

design, trademark and geographical indication will not be requested to examine as to

substance.

Article 42 (revised). Amendment and Division of Application

At any time, an application is pending before the Ministry of Science and Technology but before it is in order for grant an applicant may amend or divide the application based on the following conditions:

1. amend the application without paying fees and service charges;

2. upon payment of the application fees, divide the application into two or

more divisional applications or re-file the application with or without amendments;

3. upon payment of the application fees and service charges, refill the

application to change the form of protection requested.

An amendment as provided in item 1 of paragraph 1 of this Article shall not:

1. introduce new technical information not supported by the original application

into an application for a patent, petty patent, or registration of an integrated circuit

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layout-design;

2. change the essential appearance of an industrial design or the essential

nature of a mark or geographical indication.

Where an application is divided or refilled as provided in item 2 or 3 of paragraph

1 of this Article, the application shall be entitled to filing date and priority date as set forth

in the implementing regulations.

Article 43 (revised). Abandonment of Industrial Property Application

Industrial property application shall be deemed abandoned under the following conditions:

1. the application is incomplete;

2. the industrial property does not meet the requirements for protection;

3. the applicant is not entitled to apply for registration;

4. the applicant fails to pay the required fees and service charges for the

application or to maintain the protection in force;

5. the applicant did not request substantive examination of the invention or utility

registration application within the period provided for in Article 41 of this law;

6. the applicant does not correct the above items 1, 3, 4 and 5 within the

specified time period set by the Ministry of Science and Technology.

Article 44 (revised). Registration

After consideration and examination of the industrial property registration

application which is considered to fulfill the requirements provided for in this law, the

Ministry of Science and Technology will issue a patent, petty patent or industrial property

registration certificate, enter the registration in the registrar and publish the

registration on the official industrial property gazette.

Where the registration has been done, the third party may request a cancellation

or elimination of such registration within period of five years from the date of publication

in the official industrial property gazette.

Article 45 (revised). Termination of Industrial Property Rights

Patents, petty patents, and industrial property registrations shall terminate

asfollows:

1. the term of protection is expired; 2. the industrial property owner fails to renew the registration and pay the

applicable fees and service charges, in which case, rights shall terminate as of the end

of the term for which protection was granted and the fees and service charges were paid;

3. the patent, petty patent, or registration is invalidated based on a finding that

one or more requirements for protection have not been satisfied; where such finding

applies to only a portion of the industrial property, the termination shall apply only to

such portion as is invalidated. In such case, the invalidation shall be effective as from the

grant of the patent, petty patent, or registration;

4. failure to the commercial exploitation, the industrial property rights will be

terminated after the final decision by the competent court.

Chapter 4

Industrial Property Rights Owner

Article 46. Industrial Property Rights Owner

After obtaining lawful patent, petty patent, or registration, the applicant shall become the owner of the industrial property.

In the case that the industrial property creation or design is hired out, the

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industrial property owner shall be the hirer, except where agreed otherwise by the

parties.

Article 47 (revised). Rights of the Industrial Property Right Owner

The industrial property right owner has the following rights: 1. to enjoy the benefits derived from the exploitation of the industrial

property;

2. to transfer all or part of the owner’s rights to another person by sale,

exchange, rent or assignment;

3. to permit another person to exploit all or part of the owner’s rights to the

industrial property;

4. to inherit industrial property and to pass ownership of the industrial property

by inheritance;

5. to take legal action to protect its industrial property from violation by other

parties.

Chapter 5

Term of Protection of Industrial Property

Article 48 (Revised). Term of Protection of Patents

The term of protection of patents shall be twenty years from the date of filing the

application for registration.

In order to maintain the term of protection, the patent owner shall pay annual

fees and service charges in advance.

Article 49 (revised). Term of Protection of Petty Patents

The term of protection of petty patents shall be ten years from the date of filing the application for registration.

In order to maintain the term of protection, the petty patent owner shall pay

annual fees and service charges in advance.

Article 50 (revised). Term of Protection of Industrial Designs

The term of protection of industrial designs shall be fifteen years from the date of filing the application for registration.

In order to maintain the term of protection, the industrial design owner shall

pay fees and service charges every five years in advance.

Article 51 (revised). Term of Protection of Trademarks

The term of protection of trademarks shall be ten years from the date of filing application for registration. Upon expiry the term of protection may be indefinitely renewed and each period of renewal will be for ten years.

In order to maintain the term of protection the owner of the trademark shall pay

fees and service charges every ten years in advance.

Article 52 (revised). Term of Protection of Layout-designs of Integrated Circuits

The term of protection of layout-designs of integrated circuits shall be twelve years from the date of filing the application for registration.

In order to maintain the term of protection the layout-design of integrated

circuit owner shall pay annual fees and service charges in advance.

Article 53 (revised). Term of Protection of Geographical indications

The term of protection of geographical indications is unlimited and commences

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from the date of receipt of the registration certificate and payment of a one-time fee and service charge.

Article 54 (new). Term of Protection of Trade Names

The term of protection of trade names is unlimited until the owner of such trade

names stops using it.

Article 55. Term of Protection of Trade Secrets

Trade secrets are protected for an unlimited period or until their secrecy is lost.

Chapter 6

Rights and Obligations of the Industrial Property Owner

Article 56. Rights of the Patent and Petty Patent Owner

A patent owner has the following rights: 1. In case the patent is for a product:

1.1. the right to prevent others, without the owner’s authorization, from

making, importing, offering for sale, selling, or using the patented products;

1.2. the right to prevent others, without the owner’s authorization, from

keeping such products for the purposes of offering for sale, sale or use;

2. In case the patent is for a process:

2.1. the right to prevent others without the owner’s authorization, from

using that process;

2.2. the right to prevent others, without the owner’s authorization, from

actions defined in item 1, for a product obtained directly from the patented process.

3. authorize individual, legal entity or organization other than the patent owner

to undertake any of the acts described in items 1 and 2 of this Article in Lao PDR;

4. to protect their rights under the law and regulations against infringements by

others such as to institute court action, [and] right to compensation from damages caused

by others;

5. to prevent others from exploiting the patented invention from the time that

the patent is issued. The owner may bring a suit for acts of infringement occurring

during the pendency of the application only after the patent is granted and only for acts

occurring after publication during pendency or if the infringer had notice of the patent

application.

For petty patent owners, rights shall be applied likewise as to those of patent

owner, mutatis mutandis.

Article 57. Rights of the Industrial Design Owner

An industrial design owner has the right to prevent third parties not having the owner's consent from making, selling or importing articles bearing or embodying an

industrial design which is a copy or imitation of the protected design, when such acts are

undertaken for commercial purposes.

The provisions of items 3, 4 and 5 of Article 56 of this law shall apply mutatis

mutandis, provided however, that where publication is delayed, no suit shall be brought

except where the relevant information is first notified to the person being sued.

Article 58. Rights of the Trademark Owner

A trademark owner has the following rights: 1. to prevent all third parties from using in the course of trade identical or similar

signs for goods or services which are identical, similar, or related to those in respect of

which the trademark is registered where such use would result in a likelihood of

20

confusion;

2. to prevent the sale or advertising of goods bearing the mark or the use of

the mark in connection with services, and the importation or export of goods bearing

such a mark;

3. to protect their rights under the law and regulations against infringements by

others such as to institute court action, [and] right to compensation from damages caused

by others.

The rights described in items 1 and 2 of this Article shall not prejudice any

existing prior rights.

The rights described above shall apply mutatis mutandis to well-known marks

and to trade names without regard to whether they are registered.

Article 59. Rights of Integrated Circuit Layout-Design Owner

An integrated circuit layout-design owner has the right to prevent others without the owner’s authorization from:

1. Reproducing a layout-design circuit in its entirety, whether by incorporating it

into an integrated circuit or otherwise;

2. Reproducing any part of the integrated circuit, whether by incorporating it

into an integrated circuit or otherwise, except where the act of reproducing any part that

does not require with the requirement of originality referred to item 1 of Article 17 of this

law;

3. importing, selling, or otherwise distributing for commercial purposes a

protected layout-design or an integrated circuit in which a protected layout- design is

incorporated;

4. importing, selling, or otherwise distributing for commercial purposes an

article incorporating or an integrated circuit in which a protected layout- design has been

incorporated, but only to the extent that it continues to contain an unlawfully reproduced

layout-design.

It shall not be unlawful to perform any of the acts in respect of an integrated

circuit incorporating an unlawfully reproduced layout-design or any article

incorporating such an integrated circuit where the person performing or ordering such acts

did not know and had no reasonable ground to know, when acquiring the integrated circuit

or article incorporating such an integrated circuit, that it incorporated an unlawfully

reproduced layout-design, provided however that after the time such person has received

sufficient notice that the layout-design was unlawfully reproduced, that person may

perform any of the acts with respect to stock on hand or ordered before such time but shall

be liable to pay the right holder a sum equivalent to a reasonable royalty such as would be

payable under a negotiated license in respect of such layout-design.

It shall not be unlawful for a private party to reproduce an integrated circuit

layout-design for the sole purpose of evaluation, analysis, research, or teaching.

The holder of the right shall not exercise his right in respect of an identical

original layout-design that was independently created by a third party.

Article 60 (revised). Rights of Geographical Indication Registration Owner

The owner of the registration of a geographical indication shall have the following rights:

1. to prevent others from applying the geographical indication to goods or

including the geographical indication in a trademark, and to prevent the sale,

advertising, importation, or export of goods bearing such indication or including the

geographical indication in such trademark;

2. to object to the use of a geographical indication in item 1 above where

related to wines or spirits, even in translation or accompanied by expressions

21

such as "kind", "type", "style", "imitation" or the like;

3. to protect a geographical indication against a geographical indication

which, although literally true as to the territory, region or locality in which the goods

originate, falsely represents to the public that the goods originate in another territory;

4. to protect their rights under the law and regulations against infringements by

others such as to institute court action, [and] right to compensation from damages caused

by others.

Only producers who carry out business undertakings within the geographical

region specified for the geographical indication may use the registered geographical

indication on or in connection with the goods to which the geographical indication relates.

Any act which is an infringement as described in item 1 or 2 of this Article

shall be an act of unfair competition, including the use of any means in the designation

or presentation of a good that indicates or suggests that the good originates in a

geographical area other than its true place of origin and in a manner that misleads the

public as to the geographical origin of the good.

The rights provided in items 1 and 2 of this Article shall be applicable to an

indication of goods that is confusingly similar to the protected geographical indication

or that are homonymous with it.

Article 61. Rights of Proprietor of Trade Secret

The proprietor of a trade secret has the following rights: 1. to prevent trade secret information lawfully in his control from being

disclosed to, acquired by, or used by others without their consent in a manner contrary to

honest commercial practices, except:

1.1. discovery of the information by reverse engineering, laboratory testing

or analysis, or similar means;

1.2. acquiring the information without an obligation of confidentiality or

trust.

2. to protect their rights under the law and regulations against infringements by

others such as to institute court action, [and] right to compensation from damages caused

by others;

3. to prevent individual, legal entity or organization from misappropriating

the trade secret;

4. to disclose, withdraw or utilize trade secret or transfer to other person for

disclosure, withdrawal or utilization of trade secret, by defining contents and

requirements of keeping secret;

5. to control any person who is lawfully in control of the trade secret from

employment or a contract or other agreement, where such obligation of confidentiality

shall remain in effect so long as the information remains secret even where the

employment, contract or other agreement terminates sooner;

No registration is required for trade secret.

Article 62. Protection of Test or Other Data

Where marketing approval of pharmaceutical or of agricultural chemical

products that utilize a new chemical entity is conditioned on the submission of undisclosed test or other data, the origination of which involves a considerable effort, such data shall be protected against unfair commercial use and against disclosure without the

consent of the person that originated such data, provided however that such data may be disclosed to the extent necessary to protect the public. No person other than the person that submitted the data may, without the latter's permission, rely on such data in support of

an application for product approval during a period of five years after the date on which the Lao PDR granted approval to market the product to the person that produced the data.

22

Any act in violation of this Article shall be an act of unfair competition. The

owner of data described in this Article shall have the right to take measures to enforce

rights under this Article and shall have the right, subject to any exceptions provided in

this law, to institute court action against an individual, legal entity or organization who

performs such acts of unfair competition or who performs acts that make it likely that

such acts of unfair competition will occur.

Article 63. Obligations of the Industrial Property Owner

An industrial property owner has following obligations: 1. to be responsible for the protection and management of its rights through

monitoring and inspection of the use of the industrial property as provided for in this law;

2. to be responsible to encourage and promote the use of its industrial

property by society based on mutual benefit;

3. to be responsible for providing information about violations of its industrial

property to the state organizations responsible for such activities;

4. to make financial obligations to the state pursuant to laws and regulations

derived from the exploitation, leasing, transfer or inheritance of the industrial property or

arising from other benefits;

5. to be responsible for coordinating the remedy of violations of its industrial

property.

Chapter 7

Limitation of Rights on Industrial Property

Article 64. Authorization to Exploit without Permission of Patent or Petty Patent Owner

By the Order of the Prime Minister, the Ministry of Science and Technology

may authorize an individual, legal entity or organization to produce, use, or importation

of a patented invention or utility innovation without authorization from the patent or

petty patent owner subject to the provisions of this article.

1. Such authorization shall be permitted only in the following cases:

1.1. in situations of national emergency or circumstances of critical and

extreme urgency such as a disaster, epidemic, or war;

1.2. for non-commercial use by the Government to meet the needs for

public benefits, especially relating to national defence and public order, food,

or public health, or for other urgent needs;

1.3. to remedy a practice determined after judicial process to be anti-

competitive and where the court is satisfied that the exploitation of the protected

invention is necessary to correct the anti-competitive practice;

1.4. For failure to work the invention or utility innovation so as to satisfy its

reasonable demand in the Lao PDR.

2. Each authorization of such use shall be considered on its individual merits, and

the scope and duration of such use shall be limited to the purpose for which it was

authorized. The right holder shall have the right to present evidence opposing the grant

of such authorization, and to propose alternative terms to satisfy domestic demand for the

invention or utility innovation;

3. Such use shall be non-exclusive and non-transferrable, even in the form of the

grant of a sub-license, except with that part of the enterprise or goodwill which

enjoys such use; 4. The authorization shall provide that the right holder shall be paid adequate

remuneration in the circumstances of each case, taking into account the economic value of

the authorization. The order granting the authorization shall specify the amount of

compensation, or how it shall be determined, and any terms for payment thereof. The

23

right holder shall have the right to propose terms for compensation, how it shall be

determined, and terms for payment thereof. The need to correct anti-competitive

practices may be taken into account in determining the amount of remuneration in

cases under item 1.3 of this Article;

5. the right holder may request the Ministry of Science and Technology to

reconsider on the appropriate value of the compensation or unreasonable circumstances

within sixty days from the date of receiving the notice;

6. the Ministry of Science and Technology shall immediately notify of any

decision to grant such authorization to the right holder and of any decision on the

compensation to be paid to the right holder;

7. for authorizations under items 1.1, 1.2 or 1.4 of this Article: 7.1. any such use shall be authorized predominantly for the supply of the

domestic market of the Lao PDR;

7.2. such use shall only be permitted if, prior to such use, the proposed user has

made efforts to obtain authorization from the patent or petty patent owner on reasonable

commercial terms and conditions and that such efforts have not been successful within a

reasonable period of time;

7.3. the requirement of item 7.2 of this Article may be waived in case of a

national emergency or circumstances of critical and extreme urgency, in which case the

right holder shall, nevertheless, be notified as soon as reasonably practicable;

7.4. The requirement of item 7.2 of this Article may be waived in cases of

public non-commercial use. Where the Government or contractor, without making a

patent or petty patent search, knows or has demonstrable grounds to know that a valid

patent or petty patent is or will be used by or for the Government, the right holder shall be

informed promptly.

8. the legal validity of any decision relating to the authorization of such use,

and any decision relating to the remuneration provided in respect of such use, shall be

subject to judicial review. Any such appeal as to the grant of the authorization shall be

filed within sixty days of the notice;

9. where authorization is requested by a third party pursuant to item 1.4 of this

Article, such request must satisfy the following requirements:

9.1. the request shall not be submitted earlier than four years from the date of

filing of the patent application or three years from the date of the grant of the patent,

whichever period expires last;

9.2. the party making such request shall present evidence that the demand for the

patented invention or utility innovation is unmet in the Lao PDR, whether by local

manufacture or importation, and that the party making the request has the ability to

supply the invention or utility innovation on reasonable terms if the requested

authorization is granted. Such evidence shall take into account the need to pay

remuneration to the patent or petty patent owner;

9.3. the Ministry of Science and Technology shall notify the patent or petty

patent owner of the request within ninety days and shall provide the patent or petty

patent owner with an opportunity to present evidence (if applicable), to justify the

failure to satisfy demand for the invention or utility innovation by legitimate reasons;

9.4. such authorization shall be refused if the patent or petty patent owner

justifies his failure to work or to satisfy demand in the Lao PDR by legitimate reasons.

10. in no case shall such authorization operate to deprive the patent or petty

patent owner of the right to continue to exploit the invention or utility innovation;

11. an authorization granted herein may be amended as to its terms, taking into

account the continued existence of an emergency or of a new emergency, subject to the

provisions and protections provided herein;

12. authorization for such use shall be liable, subject to adequate protection of the

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legitimate interests of the persons so authorized, to be terminated if and when the

circumstances which led to it cease to exist and are unlikely to recur, or where the

authorized party fails to fulfill the requirements contained in the order authorizing such

party’s use of the invention or utility innovation:

12.1. the Ministry of Science and Technology shall have the authority to

review, upon request of the right holder or other concerned party, the continued existence

of the circumstances that were the basis for such authorization;

12.2. if it appears that the circumstances that were the basis for the

authorization have ceased to exist and are likely to reoccur, the Ministry of Science and

Technology may make reasonable provision to provide adequate protection of the

legitimate interests of persons receiving such authorization;

12.3. the Ministry of Science and Technology shall have the authority to

refuse termination of authorization if and when the conditions which led to such

authorization are likely to recur.

Article 65. Non-Use of Trademarks

A non-use of trademark is the following cases: 1. the trademark has not been used for a consecutive period of five years;

2. the trademark has been used merely token use or such use not been in good

faith by the owner.

Any individual, legal entity or organization may request to the Ministry of Science

and Technology to cancel or revoke the registration of the non-use of the trademark. In

any cancellation or revoke proceeding, the owner shall be entitled to present reasons

justifying the non-use of the trademark. Force major to such use arising independently of

the will of the owner shall be recognized as valid reasons for non-use.

A trademark is used if it is used on or in connection with the goods or services of

the trademark for which it is registered, by the owner or by another with authorization of

the owner and subject to the owner’s control.

Article 66. Conditions on Layout-designs of Integrated Circuits

In the case that a layout-design integrated circuit is exploited for commercial benefits, whether within or outside the country, the application for registration of the

layout-design integrated circuit must be filed within two years of the first commercial

exploitation of the layout-design of integrated circuit, in any event, the term shall not

exceed 15 years from the date of creation.

Article 67 (revised). Exploitation of Geographical indications

Where the registrant fails to perform under the requirements of the registration of the geographical indications, individual, legal entity or organization may bring an

action to the Ministry of Science and Technology to suspend the exploitation of a

registered geographical indication. The Ministry of Science and Technology shall notify

the registrant to comply with the requirements and within the time-period provided. If the

registrant fails to do so, the exploitation of such geographical indications shall be

suspended.

Part IV

New Plant Variety

Chapter 1

New Plant Variety Requirements

Article 68 . Genera and Species

The genera and species are described in the separate regulations.

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Article 69 (revised). Requirements for Registration of New Plant Varieties

A plant variety to be registered as a new plant variety shall meet all the following requirements:

1. new;

2. distinct;

3. uniform;

4. stable.

In addition to the above-mentioned requirements, a denomination of the new plant

variety shall be taken into account.

Article 70 (revised). Novelty

A variety shall be deemed to be new if, at the date of filing of the application for a breeder’s right, propagating or harvested material of the variety has not been sold

or otherwise disposed of to others, by or with the consent of the breeder, for purposes of

exploitation of the variety within the time period:

1. one year and lower before the date of filing of the national application; [or]

2. four years and earlier, or in the case of trees or vines, six years and lower before

the said date in any other territory.

Article 71 (revised). Distinctness

The variety shall be deemed to be distinct if it is clearly distinguishable from any other variety whose existence is a matter of common knowledge at the time of the

filing of the application.

The newly registered variety in any country shall be deemed as the variety is a

matter of common knowledge.

Article 72. Uniformity

The variety shall be deemed to be uniform if, subject to the variation that may be expected from the particular features of its propagation, it is sufficiently uniform in

its relevant characteristics.

Article 73. Stability

The variety shall be deemed to be stable if its relevant characteristics remain unchanged after repeated propagation or, in the case of a particular cycle of propagation,

at the end of each such cycle.

Article 74 (revised). Variety Denomination

Variety denomination shall be conducted as follows: 1. Each variety shall be designated by a denomination which will be its

generic designation. No rights in the designation registered as the denomination of the

variety shall hamper the free use of the denomination in connection with the variety,

even after the expiration of the breeder’s right;

2. A proposed denomination must enable the variety to be identified. It must not

be liable to mislead or to cause confusion concerning the characteristics,

value or identity of the variety or the identity of the breeder. It must be different from

every denomination which designates, in the territory of the Lao PDR or any foreign

country, an existing variety of the same plant species or of a closely related species;

3. The denomination shall be registered at the same time as the breeder’s right is

granted in accordance with requirements set forth in the regulations;

4. Any individual, legal entity or organization who, within the territory of the Lao

PDR, offers for sale or markets propagating material of a variety protected within the said

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territory shall be obliged to use the denomination of that variety even after the

expiration of the breeder’s right in that variety, except where prior rights prevent such

use of denomination of this Article;

5. When a variety is offered for sale or marketed, it shall be permitted to associate

a trademark, trade name or other similar indication with a registered variety denomination.

If such an indication is so associated, the denomination must nevertheless be easily

recognizable.

Chapter 2

Registration of New Plant Varieties

Article 75 . Eligibility to Submit an Application

Any individual, legal entity or organization eligible to submit an application is as follows:

1. any breeder as defined above may file an application for breeder’s rights;

2. where two or more persons have jointly bred a new variety, such persons

may jointly apply for plant breeder’s rights. In the absence of any special declaration of

the apportionment of ownership, they are presumed to be owners of equal part of the

concerned variety;

3. a foreign individual, legal entity or organization shall enjoy within the

territory of the Lao PDR the same treatment as is accorded to Lao nationals,

subject to the requirement that a party that does not have a residence or business premises

shall appoint a representative with such premises in the Lao PDR.

Article 76 (revised). Priority Date

A claim of priority is as follows: 1. A breeder who filed an application for a new plant variety registration in any

country that is a party of international convention related to plant variety protection to

which the Lao PDR is a party shall enjoy the priority date in submission of the application

for the grant of the same variety breeder's right in the Lao PDR for a period of twelve

months from the date of filing the first application.

2. If the first filing application was made in a country or an intergovernmental

organization is a non-participant of international convention related new plant variety

protection to which the Lao PDR is a party, the applicant shall enjoy the priority date once

the country or the intergovernmental organization granted the protection right to plant

breeders from the Lao PDR.

3. an applicant who applied for registration of new plant variety may request for

the priority date based on one or more applications which previously submitted at an

office for registration of new plant variety of the Lao PDR or in an oversea country or an

international organization to which the Lao PDR is a party within a period of three

months from the filing date of the Lao application, a copy of the documents [and] the

application that constitute the first application, certified to be a true copy by the authority

with which that application was filed, together with samples or other evidence that the

variety which is the subject matter of both applications is the same.

4. the breeder shall provide the Ministry of Science and Technology any

necessary information, document or material required for the purpose of the examination

under Article 80 of this law within a period of two years after the expiration of the

period of priority or an appropriate time, where the first application is rejected

or withdrawn. .

5. in case there is any incident occurred such as the filing of another application

or the publication or use of the variety that is the subject of the first application as

stipulated in item 1 of this Article, shall not constitute a ground for rejecting the

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subsequent application. Such events shall also not give rise to any third-party right.

Article 77. Application for Registration

Any individual, legal entity or organization eligible to apply for plant breeder rights may file an application to register a plant variety at Ministry of Science and Technology. Each application for registration of new plant variety shall relate to a single plant variety. An application for plant variety protection and any accompanying material may be filed in either the Lao language or in the English language. Such filing will be sufficient to establish a filing date or date of submission for the application or other materials, provided however, that for any application or document filed or submitted in English, the applicant must, within 90 days of such filing or submission, supply a translation into the Lao language. Such translation must be certified to be a correct translation.

Such application shall include the following elements:

1. an application form for plant breeder’s right;

2. name of the breeder, and if applicant is not the breeder, a statement of the

basis of applicant's ownership;

3. A power of attorney shall indicate the name and address of the representative

in the Lao PDR, in the event of the application submitted by the representative;

4. proposed new denomination;

5. description of the variety setting forth its distinctiveness, uniformity, and

stability and a description of the genealogy and breeding procedure;

6. a viable sample of the propagating material of the new variety or statement

related to propagating material;

7. where available, such data as required to determine whether the requirements

of distinctiveness, uniformity, and stability have been met;

8. such other information as may be required by the Ministry of Science and

Technology;

9. receipt for payment of the applicable fee and service charges.

An application may include a claim for priority date as provided in Article 76 of this law.

The Ministry of Science and Technology shall accept the application and assign a

filing date which shall consists of at least the documents as stipulated in items 1, 5 and 9

of the above paragraph.

Any individual, legal entity or organization wishes to register a new plant

variety shall fulfill all the requirements within the time set by the Ministry of Science

and Technology.

Article 78 (new). Examination of Application for New Plant Variety Registration

The Ministry of Science and Technology shall carry out an examination of

application for registration of new plant variety to be correct and complete as defined in

Article 77 of this law. If the application is correct and complete, the Ministry of Science

and Technology shall certify the filing date of the application for the applicant.

In the event that the application is incomplete or incorrect, the Ministry of

Science and Technology shall inform the applicant to correct it within sixty days from

the date notice issued.

Article 79 (new). Publication of New Plant Variety Registration

Once the formality examination is completed, the Ministry of Science and

Technology shall summarize the application for new plant variety registration and

publish the new plant variety on the official gazette.

A third party may object against such registration within ninety days from the

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date of publication.

Article 80 (revised). Substantive Examination of Application for New Plant Variety

Registration

An application for a new plant variety registration shall be subject to a substantive examination for compliance with the conditions as stipulated in Articles 69 to 73 of this law.

In the course of the examination, the Ministry of Science and Technology shall

cooperate with plant variety testing authorities concerned to carry out plant variety

plantation test or carry out other necessary tests, where the applicant shall be responsible

for the cost incurred for growing tests or consideration of growing test results or other

trials which have already been carried out. The costs of the growing tests or consideration

of growing test results or other trials depend on determination of each agricultural testing

center both in the country and abroad specified in each period.

The Ministry of Science and Technology may request a breeder to provide

information, documents or propagating materials or all harvested materials where

necessary.

In case an application has been filed in another country or intergovernmental

organization, the Ministry of Science and Technology shall request for a copy of the

application and report of an examination which certified by the plant variety protection

authority of such country or organization to be used for consideration of the

registration. An applicant may add to or correct the description at any time before the

certificate is issued, upon a showing acceptable to the Ministry of Science and

Technology that the revised description is retroactively accurate, but subject to

preventing an injustice to third parties.

Article 81(new). Registration

After formality examination, if the application for new plant variety registration

satisfied all requirements as stipulated in this law, the Ministry of Science and

Technology shall register and issue a certificate for new plant variety registration for the

applicant, record the registration and publish result of such new plant variety registration

on the official gazette.

Chapter 3

Rights and Obligations of the New Plant Variety Owner

Article 82 (revised). Rights of the New Plant Variety Owner

The new plant variety owner has the following rights: 1. to prevent individuals, legal entities or organizations from:

1.1. production, reproduction or additional production;

1.2. conditioning for the purpose of propagation;

1.3. offering for sale;

1.4. selling or distribution;

1.5. import;

1.6. export;

1.7. stocking for any of the purposes mentioned in items 1.1 to 1.6, above.

2. to make his authorization subject to conditions and limitations;

3. to protect their rights under the law and regulations against infringements

by others such as to institute court action, [and] rights to compensation from

damages caused by others.

The acts referred to in items 1.1 to 1.7 of this Article in respect of harvested

material, including entire plants and parts of plants, obtained through the unauthorized

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use of propagating material of the protected variety shall require the authorization of the

breeder, unless the breeder has had reasonable opportunity to exercise his right in

relation to the said propagating material. The provisions of this paragraph shall likewise

apply in respect of products made directly from harvested material of the protected

variety.

The provisions of paragraphs 1 and 2 of this Article shall also apply in relation

to the varieties as follows:

1. varieties which are essentially derived from the protected variety, where

the protected variety is not itself an essentially derived variety;

2. varieties which are not clearly distinguishable in accordance with Article 71

of this law from the protected variety;

3. varieties whose production requires the repeated use of the protected variety.

The plant variety owner is entitled a plant variety right obtained from substantial

genotype of original plant variety such as selection of a plant variety in nature, mutation

of a plant variety, somaclonal variant, selection of different type of variety for

propagating purpose with the original variety, genetic engineering of plant.

No individual, legal entity or organization other than the plant variety owner

shall undertake any of the acts described in paragraphs 1 through 4 of this Article in the

Lao PDR without authorization by the plant variety owner, and except as otherwise

provided in this law.

Article 83 (revised). Term of New Plant Variety Protection

The term of new plant variety protection shall be, for trees and vines, a fixed period of twenty-five years from the date of granting breeder’s right and for other varieties of plants, twenty years from the date of granting breeder’s right.

In order to maintain the term of protection, the new plant variety owner shall

pay annual fees and service charges in advance.

Article 84. Provisional Protection

During the period between the publication of the application for the grant of a breeder’s right and the grant of that right, the holder of a breeder’s right shall be entitled

to equitable remuneration from any person who, during the said period, has carried out

acts which, once the right is granted, require the breeder’s authorization as provided in

Article 82 of this law.

Article 85. Obligation of New Plant Variety Owner

The owner of the new plant variety has obligation as the same as industrial property owner under Article 63 of this law.

Chapter 4

Exceptions and Limitations Relating to New Plant Variety Owner’s Rights

Article 86 (revised). Exceptions to the Breeder’s Rights

The breeder’s rights are excluded in case there are: 1. acts done privately and for non-commercial purposes;

2. acts done for experimental purposes;

3. acts done for the purpose of breeding other varieties, and, except where

the provisions of paragraph 3 of Article 82 of this law apply, the acts of production or

reproduction (multiplication), conditioning for the purpose of propagation, offering for

sale, or selling or other marketing in respect of such other varieties.

The Ministry of Science and Technology shall limit the right as appropriate and

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protect legitimate right of the breeder in accordance with laws to limit rights of the

breeder to each plant variety in order to allow farmer use for propagating purposes, on his

or her own holdings, the product of the harvest obtained by such farmer by planting on

his or her own holdings, the protected variety or a variety covered by Article 82

paragraph 3, items 1 or 2 of this law.

Article 87. Exhaustion of the Breeder’s Right

The breeder’s right shall not extend to acts concerning any material of the protected variety, or of a variety covered by the provisions of paragraph 3 of Article 82 of this law, which has been sold or otherwise marketed by the breeder or with his consent in the territory of the Lao PDR, or any material derived from the said material, unless such acts as follows:

1. involve further propagation of the variety in question;

2. involve an export of material of the variety, which enables the propagation of

the variety, into a country which does not protect varieties of the plant genus or species to

which the variety belongs, except where the exported material is for final consumption

purposes.

For the purposes of paragraph (1) of this Article, “material” means, in relation to

a variety:

1. propagating material of any kind; 2. harvested material, including entire plants or parts of plants;

3. any product made directly from the harvested material.

Article 88 (revised). Measures Regulating Commerce

A breeder, even if the rights are granted, shall comply with administrative measures of the concerned authorities when exploits the rights regarding:

1. a new plant variety that has a serious direct or indirect impact on health and

environment;

2. a new plant variety derived from genetic modification which has not been

evaluated with regard to safety, environment [and] health or to take any other action

violating the laws of Lao PDR.

Article 89 (revised). Nullity of the Breeder’s Rights

Breeder’s rights granted by the Lao PDR shall be nullified in the following cases: 1. that the conditions as laid down in Article 70 or 71 of this law are not

complied with at the time of granting breeder’s rights;

2. that the provision of information and basic document is incorrect, incompliance

with the truth of the breeder to the Ministry of Science and Technology for the

consideration of the registration

3. that the breeder’s right has been granted to a person who is not entitled to it,

unless it is transferred to the person who is so entitled.

No breeder’s right shall be declared null and void for reasons other than those

referred to in paragraph 1 of this Article.

Article 90. Cancellation of the Breeder’s Right

A breeder’s right granted by the Lao PDR may be canceled as following cases: 1. the conditions laid down in Article 72 or 73 of this law are no longer fulfilled;

2. after being requested to do so and within a prescribed period, the breeder

does not provide the authority with the information, documents or material deemed

necessary for verifying the maintenance of the variety;

3. the breeder fails to pay fees and service charges as may be payable to keep

his right in force;

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4. the breeder does not propose another suitable denomination, where the

denomination of the variety is cancelled after the grant of the right.

No breeder’s right shall be cancelled for reasons other than those referred to in

items 1 to 4 of this Article.

Article 91 (revised). Restrictions Based on Public Interests

Where it is necessary to meet an urgent public needs, the government can issue notifications allowing the exploitation of a protected variety without the authorization of the right owner but the right owner shall receive a fair remuneration.

Part V

Copyright and Related Rights

Chapter 1

Protection of Copyright

Article 92. Works Eligible for Protection

Copyright shall be available to every production in the literary, scientific and artistic domain, whatever may be the mode or form of its expression, provided it is the

original creation of its author. In particular, copyright shall be available for:

1. Artistic works include such works as:

1.1. drawings, paintings, carvings, lithography, tapestry or embroidery and

other works of fine art;

1.2. sculptures, engravings and other works of sculpture; 1.3. designs of buildings or construction, internal or external decorations

designs and other architectural works;

1.4. photographs using technical methods and works expressed by an

analogous process;

1.5. illustrations, maps, plans, sketches and three dimensional works

related to geography, topography, architecture or science;

1.6. dramatico-musical works, pantomimes or drama, choreographic works

and other works created for performance;

1.7. musical compositions with or without lyrics including edited notes or

tunes;

1.8. phonogram;

1.9. works of applied art;

1.10. film or other cinematographic works or works expressed by an

analogous process, and including an audiovisual work which consist of sequence of

images which can be continuously projected as moving pictures and can be recorded

upon other materials so as to be also continuously projected as moving pictures including

the sound tracks of such work.

2. Works of literature include such works as: 2.1. books, thesis, brochures, magazines, printed matters and other writings

works;

2.2. lectures, speeches, addresses, discourses, sermons and other oral works

recorded;

2.3. dramas, stories, poems;

2.4. computer programs and data compilations, whether in source and object

codes;

3. Collections of literary or artistic works, such as encyclopaedias,

anthologies or compilations of data by reason of the selection and arrangement of their

contents, such collections or compilations constitute intellectual creations;

32

For purposes of copyright, a work is created when it is fixed in a tangible

object.

Article 93. Derivative Works

Derivative works shall be protected as original works without prejudice to the rights of the author of the original work on which the derivative work is based.

Article 94. Items Ineligible for Copyright Protection

The following are ineligible for copyright protection: 1. news of the day or miscellaneous facts having the character of mere items of

press information;

2. ideas, procedures, methods of operation or mathematical concepts as such;

3. official texts of a legislative, administrative and legal nature, and official

translations of such texts.

Chapter 2

Protection of Related Rights

Article 95 (revised). Persons Entitled to Benefits from Protection of Related Rights

Persons entitled to benefits from protection of related rights are as follows: 1. Performers, including actors, singers, musicians, dancers, and other persons

who act, sing, deliver, declaim, play in, or otherwise perform literary or artistic works or

expressions of folklore;

2. Producers of phonograms who take the first fixation of the sounds of a

performance or other sounds, or the representations of sounds;

3. Broadcasters and broadcasting organizations that initiated and made the

radio broadcast or sound-image broadcast with wire or wireless system to the public.

Article 96 (revised). Eligibility for Protection of Related Rights

The following shall be eligible for the protection of related rights: 1. Performances:

1.1. performances in the country or abroad by Lao citizens, aliens or stateless

persons residing in Lao PDR;

1.2. performances by foreign nationals in the Lao PDR;

1.3. performances which are protected under international conventions and

agreements to which the Lao PDR is a party.

2. Production of phonograms:

2.1. production of phonograms in the country or abroad by Lao citizens,

aliens or stateless persons residing in the Lao PDR;

2.2. production of phonograms by foreign nationals in the Lao PDR;

2.3. production of phonograms which are protected under international

conventions and agreements to which the Lao PDR is a party.

3. broadcasting:

3.1. broadcasting in the country or abroad by Lao citizens, aliens or stateless

persons residing in the Lao PDR or broadcasting organization which has a headquarter in

the Lao PDR;

3.2. broadcasting which broadcasts by transmitter [and receivers] located in the

Lao PDR;

3.3. broadcasting which are protected under international conventions and

agreement to which the Lao PDR is a party.

4. Broadcasting of a satellite signal carrying encrypted or unencrypted programs:

4.1. Broadcasting of a satellite signal carrying encrypted or unencrypted

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programs in the country or abroad by Lao citizens, aliens or stateless persons residing in

the Lao PDR;

4.2. Broadcasting of a satellite signal carrying encrypted or unencrypted

program by foreign nationals in the Lao PDR;

4.3. Broadcasting of a satellite signal carrying encrypted or unencrypted

programs which are protected under international convention and agreement to which the

Lao PDR is a party.

Performances, phonograms and broadcasts satellite signal carrying encrypted

or unencrypted programs shall be protected as stipulated in items 1, 2, 3 and 4 of this

Article without prejudice to copyright in the works.

Chapter 3

Notification of Copyright or Related Rights

Article 97. Notification of Copyright or Related Rights

Copyright or related rights are the rights which arise immediately when the work is created without registration requirement, but a notification of rights can be

recorded with the Ministry of Science and Technology for evidence or for record

especially in case of violation or dispute.

Article 98. Recording the Copyright or Related Rights Notification

Upon copyright or related right notification application, the Ministry of Science and Technology shall enter the notification into the records and issue a receipt for evidence, provided the application satisfies the specified requirements. The copyright or related rights notification shall indicate the name of the author, title of the work including date of creation but shall not determine the rights of the applicant.

Chapter 4

Copyright Owners

Article 99. Copyright Owners

The owner of copyright in a work of authorship shall be the author. Where a work is made jointly ownership shall belong jointly to the authors unless otherwise

agreed.

Where a work is made in the course of employment, the owner shall be the

employer unless otherwise agreed.

Copyright ownership and any economic rights thereunder may be assigned by

contract or transferred by inheritance.

Any person acquiring or holding any copyright ownership and economic rights by

virtue of a contract, including employment contracts under which a work or sound

recording is created, shall be able to exercise those rights in its own name and enjoy

fully the benefits derived from those rights.

Article 100. Creative Contributors to Performances or Cinematographic Works

Persons who make creative contributions to a performance or cinematographic work, including the director, editors, camera operators, stage managers, composers,

scenarists, sound technicians, lighting technicians, studio artists, studio-instrument

managers, technical managers and others who made contributions of a like nature, shall be

considered joint authors of the cinematographic work.

Such contributing authors shall be entitled to be named for their contribution

unless it is not feasible under the circumstances.

Notwithstanding paragraph 1, unless otherwise agreed in writing, such authors

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shall not have the right to object to the reproduction, distribution, public performance,

communication to the public by wire, broadcasting or any other communication to the

public, or to the subtitling or dubbing of texts, of the work. This paragraph shall not

apply to authors of scenarios, dialogues and musical works created for the making of the

cinematographic work, or to the principal director thereof.

Article 101. Moral Rights

Even where an author is no longer the owner of the economic rights to a work, that author shall have the following moral rights:

1. first disclosure and first publication of the work;

2. attribution, which shall include

2.1. to claim authorship of the work;

2.2. to have his or her name shown and used in connection with publicity

concerning the work;

2.3. to use a pseudonym or pen name or to publish the work anonymously;

2.4. to object to any misattribution of the work to another;

2.5. to object to the use of his or her name in connection with a work that

he or she did not in fact author or that has been modified by another;

3. to object to any distortion, mutilation or other modification of the work, or

other action in relation to the work, where such action would be prejudicial to the author's

honor or integrity.

A person who is not the author of a work for which his or her name is used

shall have the same right as provided in item 3 of this Article.

The rights of first disclosure and first publication shall be available to the

author during his or her lifetime, after which such rights shall terminate unless the

author has provided in writing for the exercise of such rights after the author’s death.

Rights under items 2.1, 2.2, 2.3 and 3 of this Article shall last until the end of the term of

the economic rights of the author. Rights under items 2.4, 2.5 and paragraph 2 of this

Article shall be exercisable by any interested party without limitation in time.

Article 102. Economic Rights

The author or other copyright owner of literary or artistic works shall have the exclusive right to carry out or authorize the following acts in relation to his or her

works:

1. making a collection of such works;

2. reproducing such work in any manner or form including distribution of copies

of such works;

3. making the translation of such works;

4. broadcasting such works;

5. communicating such works to the public by any wire or wireless diffusion or

by rebroadcasting;

6. communicating the broadcast of the work to the public by loudspeaker or

any other analogous instrument transmitting, by signs, sounds or images.

In the absence of any contrary stipulation, permission granted in accordance

with item 4 of this Article shall not imply permission to record, by means of instruments

recording sounds or images, the work broadcast.

For literary works, the author or other copyright owner of literary or artistic

works shall have the exclusive right to carry out or authorize the following acts in relation

to his or her works:

1. recitation their works to the public by any means or process; 2. communicating to the public of the recitation of their works.

3. translating the recitation of their works.

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For dramatic, dramatico-musical and musical works, the author or other

copyright owner of literary or artistic works shall have the exclusive right to carry out or

authorize the following acts in relation to his or her works:

1. performing their works to the public, including such public performance by

any means or process;

2. communicating to the public of the performance of their works.

3. translating such performance of works.

The author or other copyright owner shall have the exclusive right to carry out

or authorize the adaptation, arrangement, or other alteration of their works as follows:

1. making cinematographic adaptation and reproduction of literary or artistic

works, and the distribution of the works thus adapted or reproduced;

2. making the public performance and communication to the public by wire or

otherwise of the works thus adapted or reproduced.

The author or other copyright owner shall have the exclusive right to carry out or

authorize or prohibit:

1. the direct or indirect reproduction, in whole or in part, of a sound recording,

computer programs or compilation of data or other materials;

2. the importation into the Lao PDR of copies of a sound recording, regardless of

whether such copies have been placed on the market by the relevant right holder;

3. the first public distribution of the original and each copy of the sound

recording by sale, rental or otherwise;

4. the rental, lease or lending of the original or a copy of an audiovisual work, a

sound recording, or a musical work in the form of notation, for the purposes of direct or

indirect commercial advantage.

5. for a computer program or a data base, the rights provided in item 4 of this

paragraph except where the copy of a computer program is not itself an essential

object of the rental. Putting the original or a copy of a computer program on the market

with the right holder's consent shall not exhaust the rental right.

The author or other copyright owner shall have the exclusive right to carry out

or authorize the importation or exportation of the original or any copy of the work. This

right shall not extend to prevent the subsequent importation or exportation of an original

or copy that was legally acquired with the authorization of the owner of copyright or

related rights.

The author or other copyright owner of literary or artistic works shall have the

exclusive right to carry out or authorize:

1. the cinematographic adaptation and reproduction of these works, and the

distribution of the works thus adapted or reproduced;

2. the public performance and communication to the public by wire or

wireless of the works thus adapted or reproduced.

The adaptation into any other artistic form of a cinematographic production derived from literary or artistic works shall, without prejudice to the

authorization of the author of the cinematographic production, remain subject to the

authorization of the authors of the original works.

The author or other copyright owner of literary, dramatic, dramatico-musical

works, musical works, choreographic works, pantomimes, and motion pictures and other

audiovisual works, including the individual images of a motion picture or other

audiovisual work shall have the exclusive right to authorize:

1. the public performance of their works, including such public performance

by any means or process; and in particular, in the case of sound recordings, to perform the

copyrighted work publicly by means of a digital audio transmission;

2. any communication to the public of the performance of their works;

3. translations of the performance of their works.

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Article 103. Infringement of Moral and Economic Rights

No individual, legal entity or organization other than the author shall undertake any of the acts described in Article 101 of this law without authorization by the author, and except as otherwise provided in this law, any such acts without authorization shall be considered to be an act of infringement of the author’s moral rights.

No individual, legal entity or organization other than the author shall undertake

any of the acts described in Article 102 of this law without authorization by the author,

and except as otherwise provided in this law, any such acts without authorization shall be

considered to be an act of infringement of the author’s economic rights.

The author or copyright owner has the right to protect their rights under the law

and regulations against infringements of their moral or economic rights by others such

as right to institute court action, [and] right to compensation from damages caused by

others.

Article 104. Copyright on Computer Programs and Data Compilations

Computer program is a set of instructions or any other thing used by a computer to make it work or to generate certain results no matter what the computer language is. Computer programs shall be protected as literary works, whether in source or object code.

Compilations of data or other material, whether in machine readable or other

form, which by reason of the selection or arrangement of their contents constitutes

intellectual creations, shall be protected as literary works. Protection of such works shall

not extend to the data or material itself, or prejudice any copyright subsisting in that data

or material.

Article 105. Traditional Literary and Artistic Works

A work based on a traditional literary or artistic work shall be protected under copyright without prejudice to the rights of others to make original works based on the

same traditional literary or artistic work and to continue to exploit the traditional literary

and artistic works.

A collection of traditional literary or artistic works shall be protected under

copyright without prejudice to the rights of others to make a similar collection or to

continue to tell the stories or otherwise reproduce, modify, or sell the traditional works

included in such collection.

Chapter 5

Related Rights Owners

Article 106. Related Rights Owners

Related rights owners are as follows: 1. performers;

2. phonogram producers;

3. broadcasters and broadcasting organizations.

Article 107. Moral Rights of Performers

Independently of a performer's economic rights, and even after the transfer of those rights, the performer shall, as regards his live aural performances or performances

fixed in phonograms, have the right to claim to be identified as the performer of his

performances, except where omission is dictated by the manner of the use of the

performance, and to object to any distortion, mutilation or other modification of his

performances that would be prejudicial to his honor and reputation.

The rights granted to a performer in accordance with this paragraph shall, after

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his death, be maintained until the expiry of the economic rights and shall be exercisable

by the performer’s heirs unless the performer has provided for the exercise of such

rights by another.

Article 108. Economic Rights of Performers

Performers shall enjoy the exclusive right to the following acts: 1. As regards their unfixed performances:

1.1. the broadcasting and communication to the public of their unfixed

performances except where the performance is already a broadcast performance;

1.2. the fixation of their unfixed performances.

2. The direct or indirect reproduction of their performances fixed in phonograms,

in any manner or form;

3. The making available to the public of the original and copies of their

performances fixed in phonograms through sale or other transfer of ownership, provided

that such right shall not extend to subsequent sales or other transfers of ownership of the

original and of the same copy of the fixed performance that has been lawfully sold or

otherwise transferred with authorization of the performer;

4. The commercial rental to the public of the original and copies of their

performances fixed in phonograms, even after such phonograms have been distributed by,

or pursuant to, authorization by the performer;

5. The making available to the public of their performances fixed in

phonograms, by wire or wireless means, in such a way that members of the public may

access them from a place and at a time individually chosen by them;

6. The transferring to own performances work freely with contract or

inheritance.

Article 109. Rights of Producers of Phonograms

Producers of phonograms shall enjoy the exclusive right to the following acts: 1. The direct or indirect reproduction of their phonograms, in any manner or

form;

2. The making available to the public of the original and copies of their

phonograms through sale or other transfer of ownership, provided that such right shall not

extend to subsequent sales or other transfers of the original and of the same copy that has

been lawfully sold or otherwise transferred with authorization of the producer of the

phonogram;

3. The commercial rental to the public of the original and copies of their

phonograms, even after distribution of them by or pursuant to authorization by the

producer;

4. The making available to the public of their phonograms, by wire or

wireless means, in such a way that members of the public may access them from a place

and at a time individually chosen by them;

5. The transferring to own phonograms work freely with contract or

inheritance.

Article 110. Rights of Performers and Producers of Phonograms to Remuneration

Performers and producers of phonograms shall enjoy the right to a single equitable remuneration for the direct or indirect use of phonograms published for commercial purposes for broadcasting or for any communication to the public. Phonograms made available to the public by wire or wireless means in such a way that members of the public may access them from a place and at a time individually chosen by them shall be considered as if they had been published for commercial purposes.

The remuneration shall be as provided by agreement between performers and

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producers of phonograms.

Article 111 (Revised). Rights of Broadcasters and Broadcasting Organizations

Broadcasters and broadcasting organizations shall enjoy the exclusive right of authorizing the following acts:

1. The fixation of their broadcasts;

2. The reproduction of fixations of their broadcasts;

3. The rebroadcasting by wireless means of their broadcasts;

4. The communication to the public of television broadcasts of their broadcasts;

5. The transferring to own broadcasts work freely with contract or inheritance.

Article 112. Infringement of Related Rights

The provisions of Article 103 shall apply mutatis mutandis to the related rights of performers, producers of phonograms, broadcasters and broadcasting organizations as set forth in Articles 107, 108, 109, 110, and 111 of this law.

Chapter 6

Term of Protection of Copyright and Related Rights

Article 113. Term of Copyright Protection

The term of copyright shall begin on the date the work is created and shall continue to the end of the calendar year of the dates described below:

1. Except as otherwise provided in this article, fifty years after the date of

death of the author, or for a work of joint authorship, fifty years after the date of death of

the last surviving author;

2. For anonymous or pseudonymous works, fifty years from the date the work

was lawfully made available to the public, provided, however, that the term shall be as

provided in item 1 of this Article where:

2.1. the anonymous or pseudonym adopted by the author leaves no doubt

as to his identity;

2.2. the author of an anonymous or pseudonymous work discloses his

identity during the above-mentioned period.

3. For a cinematographic work, fifty years from the date the work was made

available to the public with the consent of the author, or, failing such an event within

fifty years from the making of such a work, fifty years from the making;

4. For applied art and photograph, twenty-five years from the date of creation. In the case that there is an international convention, which the Lao PDR is a

party or an international agreement to which the Lao PDR is a signatory, the term of

protection shall be as, determined in such convention or agreement.

Article 114 (revised). Term of Related Rights Protection

The term of related rights protection is as follows: 1. for performers, the term of protection shall begin with the date of the

performance and last until the end of a period of 50 years from the end of the calendar

year in which the performance was fixed in a phonogram;

2. for producers of phonograms, the term of protection shall begin with the

date the phonogram is first fixed and last until the end of a period of 50 years from the

end of the calendar year in which the phonogram was published, or failing such

publication within 50 years from fixation of the phonogram, the term of protection of

the phonogram shall last until 50 years from the end of the calendar year in which the

fixation was made; [and]

3. for broadcasters and broadcasting organizations, the term of protection

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shall begin with the date of the broadcast and shall last until the end of a period of fifty

years from the end of the calendar year in which the program was first broadcast.

Chapter 7

Limitations and Obligations of Copyright and Related Rights

Article 115 (revised). Acts Consistent with Fair Use

The following acts shall be permissible without consent of the author, and without remuneration:

1. making quotations from a work which has already been lawfully made

available to the public, provided that their making is compatible with fair use, and their

extent does not exceed that justified by the purpose, including quotations from newspaper

articles and periodicals in the form of press summaries;

2. utilization, to the extent justified by the purpose, of literary or artistic

works by way of illustration in publications, broadcasts or sound or visual recordings for

teaching or scientific research, provided such utilization is compatible with fair practice;

3. reproducing, by photography or cinematography, images of works of fine

art, photographs, and other artistic works, and works of applied art, provided such works

have already been published, publicly displayed, or communicated to the public, where

such reproduction is incidental to the photographic or cinematographic work and is not the

object of the photographic or cinematographic work;

4. Translating literary works into Braille or other characters for visually-

impaired persons;

5. Reproducing a computer program where such reproduction occurs in the

ordinary operation of the computer program, providing the use of the computer program

is consistent with terms of authorization of the copyright owner;

6. Reproducing a work embodied in electronic media for backup or archival

storage, or for replacement of a legally acquired work that is lost, destroyed or fails to

work.

Where use is made of works in accordance with items 1.1 and 1.2 of this Article,

mention shall be made of the source and of the name of the author if it appears thereon.

The following acts shall be permissible without consent of the author, and

without remuneration, provided such acts are consistent with fair use, provided the

source is clearly indicated reproduction by the press, the broadcasting or the

communication to the public by wire of articles published in newspapers or periodicals

on current economic, political or religious topics.

For the purpose of reporting current events by means of photography,

cinematography, broadcasting or communication to the public by wire, literary or artistic

works seen or heard in the course of the event may, to the extent justified by the

informatory purpose, be reproduced and made available to the public.

The above acts shall not conflict with a normal exploitation of the work and

shall not unreasonably prejudice the legitimate interests of the author.

A determination of whether a use as above constitutes a fair use shall take into

account the circumstances as a whole as further described in a specific regulation.

The provisions of this article will not apply to:

1. reproduction of architectural works, including by construction of the work;

2. reproduction that requires circumvention of technological measures to protect

copyright or related rights, or the unauthorized removal or alteration of electronic rights

management information.

Article 116. Limitations and Exceptions to Related Rights

The limitations and exceptions applicable to copyright shall likewise apply to

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related rights, mutatis mutandis.

Article 117. Obligations of the Copyright and Related Rights Owner

The obligations of the copyright and related rights owner shall be implemented pursuant to Article 63 of this law.

Chapter 8

Collective Management Organizations

Article 118 (revised). Collective Management Organizations

Collective management organizations are organizations managing copyright and related rights, established on the basis of agreement among authors, copyrights owners,

related rights owners, to operate in accordance with the law in order to protect copyrights

and related rights and under the management of the Ministry of Science and Technology.

Article 119 (revised). Role of Collective Management Organizations

The Collective Management Organizations shall perform the following roles:

1. To manage copyright and related rights on behalf of authors, copyrights owners,

related rights owners; to negotiate on licensing, the collection of remuneration on behalf

of such persons, and to divide and distribute royalties, remuneration and other material

benefits there from the allowance of exploiting the authorized rights;

2. To protect member’s rights and legal benefits, including to represent the persons

mentioned in item 1 above in legal proceedings, and to reconcile any dispute on their

behalf.

Article 120 (revised). Rights and Obligations of Collective Management Organizations

The Collective Management Organizations shall have the rights and obligations as follows:

1. to establish encouraging creation activities and other social activities;

2. to cooperate with correlative national and international organizations on the

protection of copyright and related rights;

3. to make report on collective management to the Ministry of Science and

Technology;

4. to perform other rights and obligations according to the provisions of this law.

Part VI

Violations of Intellectual Property and Unfair Competition

Chapter 1

Violations of Intellectual Property

Article 121. Violations of Industrial Property Rights

Violations of industrial property are any acts as provided in Article 56 to 62 of this law without authorization from industrial property owner.

The acts set forth in paragraph 1 above shall not constitute a violation of

industrial property where:

1. the claimed right is invalid because the conditions for protection have not

been satisfied;

2. the term of protection has expired or the right is no longer in effect;

3. where authorization of the owner is required, the owner has granted such

authorization or, for patents or petty patents, authorization has been granted pursuant to

an order under Article 63 of this law;

4. the use on board vessels of other countries of devices forming the subject of

41

a patent in the body of the vessel, in the machinery, tackle, gear and other

accessories, when such vessels temporarily or accidentally enter the waters of the Lao

PDR, provided that such devices are used in this country exclusively for the needs of the

vessel;

5. the use of devices forming the subject of the patent in the construction or

operation of aircraft or land vehicles of other countries, or of accessories of such aircraft

or land vehicles, when those aircraft or land vehicles temporarily or accidentally enter the

Lao PDR;

6. exceptions or limitations set forth in this law.

Article 122 (revised). Violation of New Plant Variety Rights

Violations of new plant variety rights are as follows: 1. carrying out any of the acts prohibited under Article 82 of this law without the

authorization of the owner of the rights with regard to a plant variety that is still under

the term of protection;

2. carrying out any of the acts mentioned in item 1 of this paragraph with the

authorization of the owner of the rights without remunerating the owner of the rights as

provided in the terms on which such authorization is provided, or otherwise violating the

terms of such authorization;

3. using a plant variety denomination for a different variety where the variety

used is the same as or similar to the denomination of a new plant variety in the same

group which is already protected;

4. using an approved denomination in connection with a different plant variety.

It shall not be a violation to carry out any of the acts specified in Article 82 of

this law where:

1. the acts are subject to an order authorizing such acts pursuant to Article 91 of

this law; 2. the breeder’s rights with respect to the material have been exhausted pursuant

to Article 87 of this law;

3. the acts are subject to restrictions based on the public interest as set forth in

Article 91 of this law;

4. the breeder’s right has been declared void by a court pursuant to Article 86 of

this law and the time for appeal has expired;

5. the right has been cancelled pursuant to Article 90 of this law.

Article 123. Violation of Copyright and Related Rights

Violations of copyright and related rights are as follows: 1. committing an act of infringement as described in Article 103 or 112 of this

law;

2. circumventing effective technological measures used by performers or

producers of phonograms in connection with the exercise of their rights and that restrict

acts, in respect of their performances or phonograms, which are not authorized by the

performers or the producers of phonograms concerned or permitted by law;

3. performing any of the following acts, knowingly or having reasonable

grounds to know that it will lead to an infringement of copyright or related rights:

3.1. Removing or altering any electronic rights management information

without authority;

3.2. distributing, importing for distribution, broadcasting, communicating or

making available to the public, without authority, performances, copies of fixed

performances or phonograms knowing that electronic rights management information

has been removed or altered without authority; 4. recording or disseminating of satellite signal carrying encrypted or

42

unencrypted programs for commercial purposes without the authorization of the lawful

distributors.

Chapter 2

Unfair Competition

Article 124. Unfair Competition

Any act of competition contrary to honest practices in industrial or commercial matters constitute an act of unfair competition.

The following acts shall constitute acts of unfair competition and shall be

prohibited:

1. direct or indirect use of a false indication of the source of a good or the identity

of the producer, manufacturer, or merchant;

2. all acts of such a nature as to create confusion by any mean whatever with the

establishment, the goods, or the industrial or commercial activities, of a competitor;

3. false allegations of such a nature as to discredit the establishment, the

goods, or the industrial or commercial activities, of a competitor;

4. use of indications or allegations where such use is liable to mislead the

public as to the nature, the manufacturing process, the characteristics, the suitability for

their purpose, or the quantity, of the goods.

Article 125. Trademark Counterfeiting

Counterfeit trademark goods shall mean any goods including packaging, bearing without authorization a trademark which is identical to the trademark validly registered in respect of such goods, or which cannot be distinguished in its essential aspects from such a trademark, and which thereby infringes the rights of the owner of the trademark in question under this law.

It shall be a violation of this l aw to create, sell, offer for sale, advertise or

otherwise market, or to import or export counterfeit trademark goods.

Article 126. Copyright Piracy

Pirated copyright goods shall mean any good which is a copy of a work of authorship or object of related rights, where such copy is:

1. made without the consent of the right holder or person duly authorized by

the right holder in the country of production;

2. made directly or indirectly from an article including the use of any

instruments for recording cinematographic works in the movie theaters.

It shall be a violation of this law to produce pirated copyright goods, or to,

sell, offer for sale, advertise or otherwise market, or to export or import such goods.

Part VII

Dispute Resolution, Court Proceedings and Application of Measures

Chapter 1

Forms of Dispute Resolution

Article 127. Forms of Dispute Resolution

Intellectual property dispute resolution may be carried out in the following forms:

1. Reconciliation;

2. Mediation;

3. Administrative remedies;

4. Remedy through Economic Dispute Resolution Committee;

5. Judicial actions to People’s Courts;

43

6. International dispute settlement.

Article 128. Reconciliation

The parties may reconcile with regard to violation of intellectual property

rights.

The agreement resulting from the reconciliation shall adhere to contracting

principles as provided for in the Law on Contract and Tort.

Article 129. Mediation

The parties may choose the mediation form to resolve their dispute at any time in accordance with laws and regulations.

Article 130 (revised). Administrative Remedies

The parties may purpose to the intellectual property administration authority for dispute resolution relating to intellectual property in accordance with laws.

A dispute that can be remedied in administrative mean shall be any dispute

relating to registration of industrial properties, new plant varieties and provision of

information related to copyright and related rights.

For the methods and procedures of administrative remedies of intellectual

property disputes are defined in a specific regulation.

Article 131 Administrative Remedies Relating to Intellectual Property Disputes at Borders

The parties may file an application to the customs administration for dispute

resolution relating to intellectual property at borders in accordance with laws.

The administrative remedy procedures for dispute resolution relating to

intellectual property at borders are set out in a specific regulation.

Article 132. Remedy through Economic Dispute Resolution Committee

The parties may request the Economic Dispute Resolution Committee at any time to resolve their intellectual property dispute in accordance with the Law on Economic Dispute Resolution and other relevant laws and regulations.

Article 133. Judicial Actions to People’s Court

The parties may file an action to the People’s Court to decide on intellectual property dispute in accordance with laws and regulations.

Article 134. International Dispute Settlement

The intellectual property dispute settlement of international nature shall be proceeded in accordance with international conventions and agreements to which the Lao

PDR is a party.

Chapter 2

Court Proceedings and Application of Measures

Article 135. Court Proceedings on Intellectual Property Right Violations

A plaintiff suffering from a violation of its intellectual property has the right to file a judicial action to the People’s Court in accordance with the Law on Civil

Procedures and other relevant laws.

Article 136 (Revised). Plaintiff

A plaintiff in the meaning of Article 135 of this law may be intellectual

44

property owner, federations or associations representing interested industrialists,

producers, or merchants, and the Collective Management Organizations or any other

person who suffers damages from any intellectual property violations.

Article 137. Jurisdiction of People’s Court for Intellectual Property Violations

The People’s Court shall have jurisdiction over all violations of intellectual property rights in accordance with the procedures as provided for in the Law on Civil

Procedures and the Law on Criminal Procedures as the case may be.

Article 138. Special Evidence for Intellectual Property Proceedings

In court proceedings for infringement of a patent for a process for obtaining a new product, where the same product is produced by a person other than the patent holder

or a person authorized by him, it shall be deemed that such product was obtained by the

patented process in the absence of proof to the contrary, provided however, that in the

adduction of proof to the contrary, the legitimate interests of defendants in protecting their

manufacturing and business secrets shall be taken into account.

The individual, legal entity or organization whose name appears on a literary

work in the usual manner shall, in the absence of proof to the contrary, be presumed to be

the author of the work and entitled to institute infringement proceedings. This paragraph

shall be applicable even where this name is a pseudonym, where the pseudonym adopted

by the author leaves no doubt as to his identity.

In the case of anonymous and pseudonymous works, other than those referred to

in paragraph 2 of this Article, the publisher whose name appears on the work shall, in the

absence of proof to the contrary, be deemed to represent the author, and in this capacity he

shall be entitled to protect and enforce the author's rights. The provisions of this paragraph

shall cease to apply when the author reveals his identity and establishes his claim to

authorship of the work.

The individual, legal entity or organization whose name appears on a

cinematographic work in the usual manner, shall, in the absence of proof to the contrary,

be presumed to be the maker of the said work and entitled to institute infringement

proceedings.

Where a party has presented reasonably available evidence sufficient to support

its claims and has specified evidence relevant to substantiation of its claims which lies in

the control of the opposing party, the People’s Court shall have the authority to order that

this evidence be produced by the opposing party, subject in appropriate cases to

conditions which ensure the protection of confidential information. Where such party to a

proceeding voluntarily and without good reason refuses access to, or otherwise does not

provide necessary information within a reasonable period, or significantly impedes a

procedure relating to an enforcement action, the People’s Court may proceed to make

preliminary and final determinations, affirmative or negative, on the basis of the

information presented to it, including the complaint or the allegation presented by the party

adversely affected by the denial of access to information, subject to providing the parties

an opportunity to be heard on the allegations or evidence.

Any individual, legal entity or organization who asserts that an act of

infringement or unfair competition is excused as provided in paragraph 2 of Article 121 of

this law shall have the burden of proving such facts. This provision shall apply mutatis

mutandis to acts of infringement of plant variety rights, copyright and related rights, or

other violations set forth in this law.

Infringement of a patent or petty patent shall be established only on the basis of

evidence showing that the subject matter alleged to be infringing incorporates or

implements each element of at least one claim of the patent or petty patent alleged to be

infringed. Infringement is not negated by the presence of additional elements in the

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allegedly infringing subject matter or by the existence of claims in the patent or petty

patent that are not infringed.

For a complaint alleging infringement of a trademark, collective mark, or

certification mark, the complainant must show that:

1. the marks are similar in their appearance, sound or meaning;

2. that the marks relate to the same, similar, or related goods or services; and

3. the use of such marks is likely to confuse or deceive consumers as to the

source, sponsorship, or characteristics of the goods or services or otherwise indicates

falsely that there is a relationship between the complainant’s goods or services and those

of the alleged infringer.

Article 139 (revised). Invalidity and Cancellation or Elimination

Where a patent, petty patent, industrial design registration, trademark registration, integrated circuit layout-design registration, or plant variety protection certificate is held invalid by the People’s Court, the Ministry of Science and Technology shall cancel or eliminate such intellectual property accordingly. In the case of patents or petty patents, such holding shall specify the patent or petty patent claims to which the holding applies.

Article 140. Remedies for Civil Enforcement

In the court proceedings, the plaintiff may request the People’s Court to: 1. Order the infringer to desist from an infringement;

2. Order the suspension of Customs procedures;

3. Order the seizure of goods to prevent the entry into the channels of

commerce of imported goods that involve the infringement of an intellectual

property right, immediately after customs clearance of such goods;

4. Order a declaratory judgment of infringement;

5. Order the infringer to pay damages adequate to compensate;

6. Order the infringer to pay the right holder expenses, which may include

appropriate attorney’s fees;

7. Order that goods that have been found to be infringing, be destroyed or

otherwise disposed of in such a manner that such goods will not enter channels of

commerce;

8. Order that materials and implements the predominant use of which has

been in the creation of the infringing goods be disposed of outside the channels of

commerce in such a manner as to minimize the risks of further infringements.

In considering requests under items 7 and 8 above, the People’s Court shall

take into account for proportionality between the seriousness of the infringement and the

remedies ordered as well as the interests of third parties.

In regard to counterfeit trademark goods, the simple removal of the trademark

unlawfully affixed shall not be sufficient to permit the release of the goods into the

channels of commerce.

Article 141. Damage Awards

The People’s Court shall set damage awards in an amount sufficient to compensate the party making the claim for its losses and to deprive the infringer or other violator of any profit from its unlawful act. The People’s Court may order recovery of profits and/or payment of damages even where the infringer did not knowingly, or with reasonable grounds to know, engage in infringing activity.

Article 142. Right of Information

Unless it would be out of proportion to the seriousness of the infringement, the

46

plaintiff may request the Court to order a violator to inform the party bringing the action

of the identity of third persons involved in the production and distribution of the

infringing goods or services and of their channels of distribution.

Article 143. Indemnification of the Defendant

A defendant may request the People’s Court to order a party at whose request measures were taken and who has abused enforcement procedures to provide to a party

wrongfully enjoined or restrained with compensation including expenses in connection

with the legal action, which may include attorney's fees for the injury suffered because

of such abuse.

Article 144. Provisional Measures

An individual, legal entity or organization may file a complaint requesting the People’s Court to order prompt and effective provisional measures to:

1. prevent an infringement of any intellectual property right from occurring;

2. prevent the entry into the channels of commerce of goods, including

imported goods immediately after customs clearance;

3. preserve relevant evidence in regard to the alleged infringement.

Article 145. Requirements for Application for Provisional Measures

An application for provisional measures shall be required to: 1. provide any reasonably available evidence in order to satisfy the Court with a

sufficient degree of certainty that the applicant is the right holder and that the applicant’s

right is being infringed or that such infringement is imminent;

2. provide a security or equivalent assurance sufficient to protect the defendant

and to prevent abuse;

3. supply other information necessary for the identification of the goods

concerned by the authority that will execute the provisional measures.

Article 146. Provisional Measures Inaudita Altera Parte

An applicant may file a claim requesting the People’s Court to adopt provisional measures inaudita altera parte where appropriate, in particular where any

delay is likely to cause irreparable harm to the right holder, or where there is a

demonstrable risk of evidence being destroyed.

Where provisional measures have been adopted inaudita altera parte, the

parties affected shall be given notice, without delay after the execution of the measures

at the latest. A review, including a right to be heard, shall take place upon request of

the defendant with a view to deciding, within a reasonable period after the notification

of the measures, whether the provisional measures should be modified, revoked or

confirmed.

Article 147. Review of Provisional Measures

Provisional measures taken on the basis of Articles 144 and 145 of this law shall, upon request by the defendant, be revoked or otherwise cease to have effect, if

proceedings leading to a decision on the merits of the case are not initiated within a

reasonable period, to be determined by the People’s Court ordering the measures but,

not to exceed 20 working days or 31 calendar days, whichever is the longer.

Where the provisional measures are revoked or where they lapse due to any act

or omission by the applicant, or where it is subsequently found that there has been no

infringement or threat of infringement of an intellectual property right, People’s Court

shall have the authority to order the applicant, upon request of the defendant, to provide

the defendant appropriate compensation for any injury caused by these measures.

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Article 148 (revised). Criminal Offenses of Intellectual Property

The criminal offenses of intellectual property are intentional violations of Articles 121, 122, 123, 124, 125 and/or 126 of this law.

Part VIII

Management and Inspection

Chapter 1

Management

Article 149 (revised). Intellectual Property Administration Authority

The government manages intellectual property in a centralized and unified principle throughout the country assigning the Ministry of Science and Technology as

the central coordinator with the relevant sectors, such as the Industry and Commerce,

Agriculture and Forestry, Information, Culture and Tourism, Education and Sports, Public

Health, Finance sectors and relevant local administrations.

The intellectual property administration authority includes:

1. Ministry of Science and Technology;

2. the Provincial, Vientiane Capital Departments of Science and Technology;

3. District, municipal Offices of Science and Technology.

Article 150 (revised). Rights and Duties of the Ministry of Science and Technology

In the management of intellectual property, the Ministry of Science and Technology has rights and duties in accordance with its responsibilities as follows:

1. to study policies, strategies, laws involving the development of intellectual

property activities for proposing to the government for consideration;

2. execute policies, strategies and laws by formulating them into plans,

programs, and detailed projects for implementation;

3. to issue regulations, decisions, o rder , instructions and notices involving

intellectual property activities;

4. to propagate, disseminate and organize a public awareness within society

about intellectual property activities;

5. to guide, monitor and evaluate the implementation of intellectual property

activities throughout the country;

6. to register intellectual property and provide intellectual property services; 7. to issue or cancel intellectual property registration certificates and issue

licenses to any individual or entity or organization which provides intellectual property

services or cancel the license;

8. to resolve requests, administrative disputes concerning intellectual property

rights; 9. to establish committees concerning intellectual property;

10. to train and enhance public and private employees knowledge

involving in intellectual property activities;

11. to coordinate with sectors concerned and relevant local administrative

authorities to manage intellectual property activities;

12. to participate and cooperate with foreign countries in intellectual property

activities;

13. to summarize, report on the implementation of intellectual property activities

to the government regularly;

14. to perform other rights and duties as stipulated in laws.

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Article 151 (Revised). Rights and Duties of the Provincial, Vientiane Capital Departments

of Science and Technology

In the management of intellectual property, the Provincial, V i en t i an e

Capital Departments of Science and Technology have rights and duties in accordance with

their responsibilities as follows:

1. to execute policies, strategies, laws, plans, programs and projects involving

intellectual property;

2. to disseminate, advocate policies, strategies, laws and awareness raising

involving intellectual property activities to the society;

3. to provide intellectual property activities services;

4. to propose an establishment of committees concerning intellectual property

activities;

5. to coordinate with sectors concerned in the implementation of intellectual

property activities;

6. to supervise, inspect and evaluate implementation results of intellectual

property activities across provinces and Vientiane Capital;

7. to participate and cooperate with foreign countries as assigned by high level

authority;

8. to summarize, report on the implementation of intellectual property activities

to the Ministry of Science and Technology and provincial, Vientiane Capital

administrative authorities regularly;

9. to perform other rights and duties as stipulated in laws.

Article 152 (new). Rights and Duties of District, Municipal Offices of Science and

Technology

In the management of intellectual property, districts, municipal offices of

science and technology have rights and duties in accordance with their responsibilities as

follows:

1. to execute policy, strategies, plans, programs and projects involving the

development of intellectual property activities;

2. to disseminate, raise awareness, educate laws and other related legislations

involving intellectual property activities;

3. to provide intellectual property activities services;

4. to propose an establishment of committees concerning intellectual property

activities;

5. to coordinate sectors and other sectors concerned in implementation of

intellectual property activities;

6. to supervise, inspect and to evaluate implementation results of intellectual

property activities;

7. to summarize and report on the implementation of intellectual property

activities to provincial and Vientiane Capital departments and district, municipal and

Vientiane Capital administrative authorities regularly;

8. to perform other rights and duties as stipulated in laws.

Article 153 (new). Rights and Duties of Relevant Sectors or Local Administrative Authorities

Other relevant sectors and local administrative authorities have rights and duties in

coordination and cooperation in management of intellectual property activities within their

roles.

49

Article 154 (revised). Prohibitions on Government Officers who are Responsible for

Intellectual Property Activities

Government officers who are responsible for intellectual property activities are prohibited from:

1. lacking of responsibility and neglecting one’s duties;

2. carrying out duties unfairly or showing partiality towards an individual or

legal entity organization;

3. disclosing intellectual property information without authorization from the

owner;

4. abusing one’s position, duties, power for personal, family or relative interests;

5. having other behavior violating laws.

Chapter 2

Inspection

Article 155 (Revised). Intellectual Property Inspection Authorities

Intellectual property inspection authorities include: 1. The internal inspection authority, which is the same authority as the

intellectual property administration authority stipulated in Article 149 of this law;

2. The external inspection authorities, comprising the National Assembly,

Provincial People Assembly, State Audit Organization, State Inspection Authority,

Government Inspection Authority, Lao Front National Development, Mass Organization

and Media.

Article 156. Rights and Duties of Inspection Authorities

The internal and external inspection authorities have the rights and duties to inspect the implementation of intellectual property activities within the scope of their responsibilities.

Article 157. Forms of Intellectual Property Inspections

Inspection of intellectual property is carried out in the following three forms: 1. routine inspections;

2. irregular inspections by advance notice;

3. dawn raids inspections.

Routine inspections refer to inspections carried out according to plans and with

specific times.

Irregular inspections by advance notice refer to ad hoc inspection deemed as

necessary and shall notify the suspects in advance.

Dawn raids inspections refer to urgent inspections whereby the suspects are not

notified.

Article 158 (revised). Inspection of Intellectual Property at Border Checkpoints

In order to intercept intellectual property violations, customs officers assigned to border checkpoints have the rights by ex-officio to inspect exported and imported goods, seize and impound goods which violate trademark, copyright and related right of the law.

Article 159. Inspections by other Authorities

Other authorities have the rights and duties to carry out intellectual property inspections according to their role, which are determined in specific regulations.

50

Part IX

Awards and Sanctions

Article 160. Award Policies

Individuals, legal entities or organizations who have remarkable accomplishment in implementing of this law, such as management and protection of intellectual property shall be awarded merits or other forms according to regulations.

Article 161. Policies for Inventors and Creators

Individuals, legal entities or organizations that have remarkable accomplishment in invention and creation shall be awarded merits and other forms according to regulations.

Article 162. Measures against Violators

Individuals, legal entities or organizations that violate this law shall be subject to education or warning, disciplinary action, fines, civil compensation, and/or criminal punishment as the case may be.

Article 162. Education or warning Measures

Individuals, legal entities or organizations that violate this law for the first time which is an unintentional violation and resulted in damages of less than 500,000 Kip shall be educated or warned.

Article 164 (revised). Disciplinary Measures

Government officers who violate this law especially its prohibitions which are not

criminal offences shall be subject to disciplinary action in accordance with the Law on

Government Officers.

Article 165 (revised). Fines

Individuals, legal entities or organizations which intentionally violate the Law on Intellectual Property or who unintentionally violate the law which is not criminal

offences shall be fined 1% of the damages value occurred.

Individuals, legal entities or organizations that intentionally violates for a second

time or repeatedly shall be fined 5% of the damages value occurred for each violation.

Article 166. Civil Measures

Individuals, legal entities or organizations that violate this law and causes damages to any other person shall be liable for such damages.

Article 167 (revised). Criminal Measures

Individuals or legal entities that violate intellectual property rights especially counterfeit, deceive, fraud unfair competition that result in serious damages, produce, sales of counterfeit goods or trademark counterfeiting or infringement of copyrights or related rights and regulations on industrial property protection and new plant variety shall be punished as the case may be.

Article 168. Additional Measures

In addition to the punishments set forth in Articles 167 of this law, the violator may be subject to additional measures, in particular, suspension, withdrawal of business

licenses, seizure of infringing goods, properties and equipment involving in the offence

according to the final decision by the competent court.

51

Part X

Final Provisions

Article 169. Implementation

The government of the Lao People’s Democratic Republic shall implement this law.

Article 170. Effectiveness

This law shall be effective after the President of the Lao People’s Democratic Republic issues the promulgating decree and after fifteen days of publishing

on the official gazette. This law replaces the Law on Intellectual Property No.01/NA, dated 20 December

2011.

Regulations and provisions, which contradict this law, are hereby repealed.

President of the National Assembly

[seal and signature]

Pany YATHOTOU

 
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