11 January

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Post-Procedures of the Grant of Patent or Petty Patent Rights in Laos

Download 1. Recordal of patent holder’s name/address change in Laos In case the patent holder’s name/address has been changed, it is possible to request DIP to record such change. To this end, a Statutory Statement which must be notarized is required. DIP shall record all changes in the database, document the registration and publish in the official gazette for the registration of industrial property. 2. Duplicate (re-issuance or re-grant) of the Patent or Petit Patent The patent or petit patent owner can request DIP to issue a duplicate of their Patent or Petit Patent in two circumstances as follows: When the patent owner needs...

11 January

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Patent opposition in Laos – What types of patent opposition procedure are available in Laos?

Posted by Ly Dinh

in Laos

Download Laos operates a pre-grant opposition system which is available to both invention patent and utility innovation petit patent. Under Article 13 of Decision 1714/MOST, any interested party may oppose the grant of an invention (patent) or a utility innovation (petit patent) within 90 days of the application being officially published in the official gazette for the registration of industrial property. 1. Time-limit: You may file a Notice of Opposition to a patent or petty patent application in Laos within 90 (ninety) days from the publication date in the official gazette for the registration of industrial property. 2. Required documents: The documents shall be completed...

11 January

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Patent enforcement in Laos

Posted by Ly Dinh

in Laos

Download 1. What are the most effective ways for a patent owner to enforce its rights in Laos? Generally, a patent infringement or disputes may be settled in Laos under 6 ways as provided under Article 127 of Lao IP Law as follows: Reconciliation; Mediation; Administrative remedies; Remedy through Economic Dispute Resolution Committee; Judicial actions to People’s Courts; International dispute settlement Reconciliation: In Laos, the parties may reconcile with regard to IPR violations. The agreement resulting from the reconciliation shall adhere to contracting principles as provided for in the Law on Contract and Tort. Mediation: In Laos, the parties may choose the mediation form...

11 January

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Examination Of A Patent Application In Laos

Posted by Ly Dinh

in Laos

Download An application for a patent or petit patent filed with DIP shall be subject to 2 phases of examination, i.e. formality and substantive examination. 1. Formality Examination of Patent Application In Laos /Formality Office Action: It takes 60 (sixty) days for the Department of Intellectual Property of Laos (DIP) to complete a formality examination of a patent application in Laos. In the course of formality examination, DIP’s examiner shall examine the completeness, accuracy and conformity with requirements as set forth in Article 31 of the Law on Intellectual Property. In case that the patent application is in conformity with the preliminary examination...

11 January

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Acceleration programmes to facilitate the granting of patent applications in Laos

Posted by Ly Dinh

in Patent/Petty Patent

Download Laos’s patent system is at primitive stage, with Lao IP Law No. 38/NA of 2017 and Decision No. 1714/MOST of 2020 on Patents and Petty Patents. However, in recent years, Lao has built a solid reputation for itself when making efforts to accelerate patent examination for patent application in Laos. A patent application in Laos can be accelerated in several ways as follows: 1. Accelerating patent examination by using the ASEAN Patent Examination Co-operation (ASPEC) ASEAN Patent Examination Co-operation (ASPEC) is the first regional patent work-sharing programme among 9 (nine) participating ASEAN Member States (AMS) IP Offices of Brunei Darussalam, Cambodia, Indonesia, Lao...

11 January

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Patent and Petty Patent in Laos

Posted by Ly Dinh

in Patent/Petty Patent

Download Copyright © 2023 KENFOX All other rights are reserved. This document and its contents are made available on an "as is" basis, and all implied warranties are disclaimed. The contents of this document do not constitute, and should not be relied on as, legal advice. You should approach a legal professional if you require legal advice. Legal grounds: i. Lao IP Law No. 38/NA of 2017, which replaced the Law on Intellectual Property of 2011; ii. Decision No. 1714/MOST of 2020 on Patents and Petty Patents. International IP Agreements to which Laos is a Contracting Party Laos has been a Contracting Party to the Paris Convention...

03 January

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Patent registration in Laos – 6 critical considerations

Posted by Ly Dinh

in Newsletters/ Publications, Notable Articles

Chinese Download Introduction Recently, the Department of Intellectual Property of Laos (DIP) granted the patent application titled "Printing apparatus and method thereof" filed by the Thai patent holder under the advice and representation of KENFOX IP & Law Office, with the following details: Patent: Application date: Application No.: Registration: Holder: Address: Printing device and method thereof February 5, 2016 23 August 1, 2022 MR. SUWATCHAI PROMBUT 36 Soi Nakniwat 21 Yak 2-1, Nakniwat Road, Ladprao, Ladprao, Bangkok, Thailand. Six critical considerations when registering a patent in Laos 1. Rights and interests for patent owners in Laos A monopoly granted by a patent is a territorial right, which means that an invention is only protected inside the territory of...

03 January

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How to file a complaint about intellectual property rights infringement on Shopee and Lazada in Vietnam?

Posted by Ly Dinh

in News, Notable Articles, Viet Nam

[vc_row triangle_shape="no"][vc_column][vc_column_text]Download After the slowdown of the Covid-19 pandemic, digital sales and purchase activities still continues to experience robust growth. Now, consumers are accustomed to purchasing their favorite things without visiting shopping centers or storefronts. E-commerce websites or platforms serve as a bridge between buyers and sellers, connecting them and addressing all of their needs. When the anti-IPR infringement mechanism on e-commerce platforms/websites is still weak, the explosion of transactions on e-commerce platforms/websites is also posing challenges for intellectual property rights holders. Meanwhile, the fact that so many online sales accounts and adverts have been formed makes it impossible for consumers...

12 December

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12 điều khoản quan trọng về sáng chế trong Luật Sở hữu trí tuệ sửa đổi năm 2022

Posted by Ly Dinh

in Newsletters/ Publications, Viet Nam

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25 November

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Pre-filing trademark search in Vietnam – A small but significant step!

Posted by Ly Dinh

in News, Notable Articles, Trademark

Download Numerous business owners believe that the brand or logo they created is original and unique, hence it is unquestionably possible to register/protect. Applying to register a trademark application in a hurry is a common mistake made by many Vietnamese businesses. Occasionally, the price they pay for their hurry is not inexpensive. If you risk using your trademark without determining if it is comparable to or in conflict with the marks of other companies or individuals, you run the danger of becoming embroiled in a dispute or being forced to become engaged in one. 1. Why is it important to conduct an...