GovWire

Introduction

This is a summary version of intellectual property (IP) rights enforcement manual for Laos. It is a question-and-answer guide to address commonly asked questions and concerns regarding Intellectual Property (IP) enforcement landscape in Laos. This Q&A is based on the Law on Intellectual Property (Amended) 2017, Penal Code 2017, Civil Procedure Law 2004, and Criminal Procedure Law 2012.

The IP enforcement procedures in the Guide are up to date as of April 2022.

Summary

1. General IP Enforcement Questions and Answers

1.1. What IP protection measures are available in Laos?

IP enforcement options in Laos include:

• civil litigation: IP right holders are entitled to initiate lawsuits with the Court, requesting injunctions, damages, as well as provisional measures (preliminary injunctions and search and seizure orders). Infringements against copyright and trademarks can be referred to the Provincial/Capital Peoples Court (where the infringement has occurred or where the asset which forms the basis of the claim is located or where the defendant resides). Cases relating to violations of copyright and trademark are decided by the commercial chamber. The plaintiff (complainant) bears the burden of proof in asserting IP infringements. The plaintiff may also request the Court to order the defendant (offender) to disclose evidence when the plaintiff presented reasonably available evidence sufficient to support its claims and specified evidence under the adverse partys control

• criminal action: Infringements against intellectual property rights especially counterfeit, deceit, fraud, unfair competition that result in serious damages, the production and sales of counterfeit goods, trademark counterfeiting, or infringement of copyrights or related rights and regulations on industrial property protection shall be punished by criminal measures. Criminal prosecution can be initiated through the Police, who refer the case to a public prosecutor for criminal court action

• administrative enforcement: The parties may approach the IP administration authority for IP dispute resolution. The Department of Intellectual Property (DIP) under the Ministry of Industry and Commerce is the main authority responsible for handling administrative IP dispute resolution. Conducting a market survey or individual visits to specific infringers can be helpful to collect evidence to file with the complaint. Complaint may include photos of the infringing goods, and guidelines for distinguishing authentic goods from counterfeit products.

• customs IP border enforcement: Laos allows for Customs recordal. Upon the recordal, the Customs will monitor the goods flowing through the border. The recordal dossier should include relevant registration certificates and documentation to help identify counterfeit/ infringing products, including pictures and general information about the genuine products subject to the recordal and relevant identifications

• alternative dispute resolution: Along with the above dispute resolution mechanisms, the parties can carry out to settle IP infringement cases. Such resolutions are Reconciliation, Mediation, Remedy through Economic Dispute Resolution Committee, and international dispute settlement

• warning letters and settlements: Many IP disputes are resolved by issuing a warning letter. Its an amicable way to settle the case through negotiation. The objective is to request / demand infringers to stop infringing and educate / warn notify of the legal risks, liabilities, or consequence of infringement to raise awareness. The letter may simply enclose photos of the infringing products to show the infringements. Settlement Agreements and Undertakings can be used to reach a resolution

1.2. Do IP rights have to be registered to be protected?

Industrial property rights including trade marks, patents and industrial designs must be registered at the DIP under Ministry of Industry and Commerce to be protected.

Rights to well-known trademarks are established based on trademark use instead of registration.

Copyright (literary, artistic, literacy works and their compilation) and related rights (performances, phonograms, broadcasts and satellite signals carrying encrypted or unencrypted programs) are established automatically upon creation and fixation of the works, without registration required. However, holders of registration certificates may use the certificates for ownership evidence when it comes to a dispute or violation.

1.3. How effective is the IP enforcement system in Laos?

Laos is a civil law country and a member of some international treaties, including Berne Convention and TRIPS Agreement. Laos is a least developed country as categorized by the UN with a population of around 7.2 million and continued to be a difficult jurisdiction to enforce IP rights, especially copyright and related rights. In addition, IP enforcement authorities in Laos remain relatively inexperienced. IP case law in Laos is very rare too.

IP holders are therefore advised to put maximum pressure on infringers before bringing the case to more assertive enforcement venues.

2. Trade Mark

2.1. What is a trade mark infringement?

Trade mark infringement is constituted when a person or organization, without the trade mark owners authorization:

• uses identical or similar signs for goods or services which are identical, similar, or related to those in respect of which the trade mark is registered where such use would result in a likelihood of confusion; or
• sells, advertises, imports, or exports the goods or provides the services bearing the mark

The unauthorized use of a well-known trade mark will constitute infringement regardless of whether the mark has been registered.

2.2. What constitutes counterfeit trade mark goods?

Counterfeit trademark goods shall mean any goods, including packaging, bearing an identical trademark to a validly registered mark or which cannot be distinguished in its essential aspects from such a trademark for the same goods or services, without authorization

It shall be a violation to manufacture, sell, offer for sales, advertise, or otherwise market, or to import or export counterfeit trademark goods

3. Copyrights and Related Rights

3.1. What is a copyright infringement?

The infringements against copyright to a work include:

• conducting any acts that the copyright owner has exclusive rights to, without authorization, including:

• making a collection of the work;
• reproducing the work in any manner or form (including distribution of copies of such works);
• translating the work;
• broadcasting the work;
• communicating the works to the public by any wire or wireless diffusion on by rebroadcasting;
• communicating the broadcast of the work to the public by loudspeaker or any other analogous instrument transmitting, by signs, sounds or images;

• making the first disclosure and publication of the work

• misattributing the work.
• distorting, mutilating, or modifying the work, where such actions would be prejudicial to the authors honour or integrity

3.2 What constitutes pirated copyright goods?

Pirated copyright goods shall mean any goods:

• made without the consent of the right holder or person duly authorized by the right holder in the country of production;
• made directly or indirectly from an article including the use of any instruments for recording cinematographic works in the movie theatres.

It shall be a violation of IP Law to produce pirated copyright goods, or to, sell, offer for sale, advertise, or otherwise market, or to export or import such goods.

4. IP Litigation

4.1. What remedies are available?

The plaintiff may request the Peoples Court to order:

• the infringer to desist from an infringement;
• the suspension of Customs procedures;
• the seizure of goods to prevent the entry into the channe
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