What Proactive Strategies Can Brand Owners Employ To Enhance Their Partnership With Customs Officials In Laos And Improve Their Chances Of Intercepting Counterfeit Goods Before They Enter/Exit The Market?

Customs recordal can be an effective means of enforcing IP rights in Laos because it provides a legal framework for customs officials to take action against counterfeit products at the border. With recordal, businesses can furnish details about their IP rights, including trademarks and copyrights, to the customs authorities. This information equips customs officials to identify and seize infringing goods, which can prevent counterfeit products from entering the country. However, relying solely on customs recordal is not a foolproof method for enforcing IP rights. It requires vigilance and cooperation between the IP owner and the customs authorities to effectively identify and...

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What Are The Potential Costs Involved In Working With Customs Officials To Protect A Brand’s Intellectual Property, And How Can These Costs Be Managed Effectively In Laos?

To safeguard IP rights in Laos through the customs system, rights holders generally allocate a sufficient  budget for strategic actions and measures. These expenses cover the custom recordal and the inspection and suspension procedures for counterfeits at Customs.   Under Article 32 of Law on Custom, revised in 2019, if a rights holder possesses reliable information that imported, exported or transited goods infringe their trademarks or copyrights, they can submit a request to Customs for inspection and temporary seizure of such goods. Prior to inspection and suspension, the rights holder is required to deposit of a security of 10,000,000 Kip (about...

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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...

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What Is The Typical Process For Confiscation Or Further Investigation In The Event That Lao Customs Officials Identify Potentially Counterfeit Goods?

In the context of customs procedures, in case of suspecting counterfeit goods at the Customs followed by the customs recordal, the below activities are involved: Customs officials inspect and compare goods with the information provided in the customs declaration and customs recordal, which has been registered in the Customs database. This includes examining photos, description, and characteristics used to identify genuine goods to determine whether the goods are counterfeit or if they are suspected of infringing IPRs; If the grounds for determining goods are suspected of being counterfeit or infringing IPRs are not sufficient, it is required to carry out...

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Can Brand Owners Send Lao Customs Officials A Product Information Guide Or Any Additional Materials To Assist Them In Identifying Genuine Products?

To increase the effectiveness of customs recordal in detecting and preventing the importation or exportation of counterfeit goods, trademark owners should furnish customs officials with clear and detailed information regarding their registered trademarks. Specifically, the following details can aid customs officials in better identifying counterfeit goods and differentiating them from genuine products. images, descriptions, samples of genuine products, a list of Characteristics for distinguishing genuine goods from goods infringing on IP rights, any equipments or tools to differentiate the differences between the original and counterfeit products. Such details can be submitted in Word, PDF, or physical formats, provided they...

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Are Copyright Registrations Registrable With Customs In Laos?

Customs recordal in Laos is applicable not only for trademark registrations but also for copyright registrations. The procedures and authorities involved in examining the customs recordal of these IP subject matters as mentioned are the same. Copyright owners seeking to record their copyrights with the Laos Customs Department must submit an application alongside the required documents and fees. One of the essential documents is a Copyright registration certificate in Laos. Despite being a signatory to Berne Convention, Laos handles copyrights territorially. Copyright owners are advised to register their works within the country to ensure comprehensive protection of their IP rights. This recommendation...

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Can Rights Holders Record Trademark And Brand-Related IP Information With Lao Customs And, If So, How?

In Laos, customs recordal may serve as an effective means for enforcing IP rights as it prevents and suppresses IP counterfeiting of IPR holders’ products at Laos’ borders. In order to take advantages of customs registration system for IP protection in Laos, rights holders must submit a formal request for customs recordal of their IP rights with the Laos Customs Department. Trademarks, designs, and copyrights can be registered with customs in Laos, enabling enhanced IP protection measures at the country’s borders. A customs recordal request is examined by the Laos Customs Department to assess its compliance with the necessary requirements and...

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Trademark License in Laos

Trademark licensing is an essential aspect of intellectual property management, enabling trademark owners to grant permission to others to use their trademarks under specific terms and conditions. At KENFOX, we understand the significance of trademark licensing and provide a comprehensive guide tailored specifically for licensing in Laos. By delving into the legal framework, key considerations, and processes involved, our expertise empowers you to make informed decisions and harness the full potential of licensing agreements, ultimately maximizing your brand value in the dynamic Laotian market....

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Trademark Amendment in Laos

When it comes to trademark registration and protection in Laos, accuracy and up-to-date information are crucial. As a trademark owner, it is important to regularly review your trademark registration and make any necessary changes to ensure its accuracy and relevance. At KENFOX, we offer comprehensive trademark translation and recordal services in Laos to help you maintain a strong and effective trademark portfolio. General overview During the examination period, the trademark applicant can amend the application at any time, provided that such amendment is performed before the registration of the mark, final refusal, or at the end of other considerations of said...

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Trademark Assignment in Laos

Trademark assignment involves the transfer of ownership rights to a trademark from one party to another. In this comprehensive guide, we at KENFOX aim to equip you with the knowledge and understanding necessary to navigate the trademark assignment process in Laos effectively. We will cover the legal framework, requirements, costs, and the time frame for completing the assignment, ensuring a successful and legally recognized transfer of trademark rights in Laos. 1. Legal basis and contractual nature Trademark assignment in Laos is governed by contract law, which facilitates the transfer of property rights in a trademark from the current owner (Assignor) to the...

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