A. Brief Introduction of IP Laws and Regulation
Regarding to the itllectual property in Lao PDR，it has the law set forth as rules, regulations and measuresconceming the promotions of creatvities, inventions, economic wisdoms, the protectionof ntellctual propertyrights, to guarantee the benefts of the ntellectual property's owner and of the society; the promotions of scienthc and technology research and development, technology transfer in the country and from foreign countries; the promotions of trade, investment and the ability in competitions for the country's economy in globalization era, efficiently. All above are to make the country into an industrialized and civilized country, rapidly.
B. Patent Application
The law of intellectual property provided the procedure of application for a Patent or petty patent as:
·A request for a patent or a Petty Patent;
·If the applicant is represented, a power of attorney and the name and address of the applicant's representative in the Lao PDR;
·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 nnovations the description shall disclose the best mode for making or using he invention or utility innovation Claims that clearly specify the subject matter to be protected and are supported by the description;
·Drawings( if needed to understand the invention);
·Abstract;
·Receipt for payment of fees.
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 intenational classifications.
The Ministry of Science and Technology shall accept the application and assign a filing date to an applicationthat contains, at a minimum:
·the name, address and nationality of the applicant,
·the name of inventor of the invention or utility innovation;
·description of the invention or utility innovation;
·Filing fee as per regulations.
If any individual, legal entity or organization wishes to obtain a patent or petty patent, shall satisfy all specified requirements within the times set by the Ministry of Science and Technology.
Applications for registration of industrial designs shall include the following documents:
·a request for registration of the industrial design;
·if the applicant is represented, a power of attomey and the name and address of the applicant's representative in the Lao PDR;
·one or more drawings or photographs that clearly disclose the industrial design as needed to illustrate its appearance;
·a brief statement of the type of goods to which the industrial design relates;
·Receipt of payment of fees.
After consideration and examination of the industrial property registration applications, the Ministry of Science atent, petty patent or industrial property registration certificate, enter the registration and Technology will issue a9, registration in the official in industrial property gazette. Where an industrial desig trademark or geographical indication has been registration, the third party may request an objection or cancellation of such registration within period of 5 years from the date of publication in the official gazette.
C. Trademark Registration
Applications for registration of trademarks shall include the following documents:
·A request for registration of the trademark.
·If the applicant is represented, a power of attoney and the name and ac d address of applicant's representative in the Lao PDR;
·A clear drawing or other image or specimen of the mark;
·description of the goods to which the mark will be applied or the services in connection with which it will be applicaton relates to a collective mark or certification mark, the appl cation shall so indicate and shallndude a description of the way the mark is to be used;
·Receipt for payment of fees.
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 a on and assign a filing date that contains, at a minimum:
·The name, address and nationality of the applicant;
·A drawing or photograph or specimen of the mark;
·filing fee as per regulations.
If any individual, legal entity or organization wishes to apply for registration of industrial design, shall satisty alspecifed requirements within the times set by the Ministry of Science and Technology.
One registration application will take 1 year for receive registration certificate and the term of protection oftrademarks shall be 10 year from the date of registration. Upon expiry the term of protection may be indefnitelyrenewed and each perid of renewal illbefor 10years. In order to maintain the term of protection the ownerofthe trademark shall pay fees every 10 years in advance.
D. Measure for IP Protection
The govermen trovidesof potecionfor nlletlel poperty works, cntelly and unity al over the county baninininanalslinticanda echnoloy oganization as the center, in cordintini win other elevaet scthnchasinduaria anoom gicutilll and orsty public rlo and aunure Bdaton.nn public health and financial sectors and other sectors.
Other sectors property according to their obligation and role. Coharthtaraayerol and uy n poving polecton of works asassociated
The ntlletuael protection organization comprises of:
·National scientfic and tchnology organization;
· Districtor city scientfic and technology dvision.