Are There Any Time-Sensitive Considerations That Brand Owners Should Be Aware Of When Dealing With Customs-Related IP Enforcement In Laos?
In case of customs supervision through recordal, brand owners must respond within a strict 3-day window upon receiving any notice from customs regarding suspected goods, they only have 3 days for giving their confirmation. Failing confirmation within this timeframe empowers customs officers to proceed legally, leading to the release of the suspected goods for declaration at customs.
In case a rights holder files an application with customs for inspection and suspension of counterfeit good, any detected and retained items must be addressed through judicial action with a specified period of 10 working days. Failure to do so results in the immediate realease of the detained goods by the custom officials. In this scenario, the rights holder may also be liable to compensate the owner of the goods for any damages incurred.
Once the litigation is commenced, brand owners have the opportunity to obtain a court order instructing customs to destroy the counterfeit goods. They can also seek compensation for costs, damages, and other potential remedies as deemed appropriate by the court.