INTELLECTUAL PROPERTY RIGHTS IN LAOS

The new Law on Intellectual Property No. 38/NA, dated November 15, 2017 - is the primary law governing the mechanism of trademark registration and protection in the Laos.
For getting a trademark registered in Laos, an application has to be filed with the Department of Intellectual Property - Ministry of Technology and Science, which administers the entire trademark registration process.
It follows a 'first-to-file’ system, which means that trademark registration is mandatory for obtaining trademark protection.
Laos follows the 11th edition of Nice Classification. Multi-class trademark applications are possible.
Opposition against a trademark application can be filed within sixty (60) days from the publication in the official gazette.
In Laos, registered trademarks have a validity of ten (10) years from the date of application, which can be further renewed indefinitely for successive periods of ten (10) years each.
The grace period to renew a trademark after the date of expiry is six (06) months.
The term for cancellation of a registered trademark based on non-use is five (05) years from the date of registration.

Laos is a member of the Paris Convention for the Protection of Industrial Property.
The Decree on Patent, Petty Patent, and Industrial Designs No 01/PM dated January 17th, 2002 - deals with the mechanism of patent protection in Laos.
For seeking patent protection in Laos, an application has to be filed with the Department of Intellectual Property- Ministry of Technology and Science, which administers the entire process of patent grant.
In Laos, an invention that is new, inventive, and industrially applicable, subjects to patentability. Process patent and product patent are the two types of patents that can be protected.
The types of patent applications that can be filed include Non-Convention Application and Convention Application.
In Laos, pre-grant opposition cannot be filed against a patent application.
Patents last for twenty (20) years in Laos. The first annuity is due on the 4th anniversary of the filing date, but it is only payable on the grant of the patent. The annual fees should be paid within three (03) months before or one (01) month after the due date to avoid late payment fees. Late payment is possible within a grace period of six (06) months upon payment of the corresponding surcharge.

The new Law on Intellectual Property No. 38/NA, dated November 15, 2017 - governs and deals with the mechanism of registration of industrial designs in Laos.
For getting an industrial design registered in Laos, an application has to be filed with the Department of Intellectual Property - Ministry of Technology and Science, which administers the entire process of registration.
The types of industrial design applications that can be filed in Laos include Non-Convention Application and Convention Application.
Opposition against an industrial design application can't be raised in Laos at the pre-grant stage.
The term of protection is fifteen (15) years from the date of filing application for registration.
For maintaining the term of protection, the industrial design owner is required to pay the fees every five (05) years in advance.
There is a grace period of six (06) months for the renewal of registered industrial design.

Laos is a signatory to the Berne Convention for the Protection of Literary and Artistic Works.
Law No. 38/NA of November 15, 2017, on Intellectual Property - is the basic legislation governing copyright protection in Laos.
In Laos, copyright comes into existence as soon as the work is created. There is no registration requirement for obtaining copyright protection in Laos. Copyright is an automatic protection that arises when a creative work gets created. However, copyright owners can voluntarily inform the Ministry of Science and Technology (MOST) about the creation of their works.
Protection lasts for fifty (50) years after the date of death of the author, or for a work of joint authorship, it lasts for fifty (50) years after the date of death of the last surviving author.
For anonymous or pseudonymous works, protection lasts for fifty (50) years from the date when the work was lawfully made available to the public.
For a cinematographic work, protection lasts fifty (50) years from the date the work was made available to the public with the consent of the author.