Counterfeiting and trademark infringement pose significant threats to businesses and consumers alike. In Laos, the legal framework for addressing these issues includes provisions for criminal liability. But what exactly constitutes a criminal offense in the context of trademark infringement?...
Continue readingTrademark infringement cases in Laos involve a multi-stage process with specific procedures and timelines. In this article, KENFOX IP & Law Office provides a step-by-step guide to the process, outlining the roles of the police, prosecutors, and the courts, from the initial complaint to the final judgment and potential reopening of the case....
Continue readingTrademark infringement in Laos carries significant legal consequences, including a range of criminal penalties. In this article, KENFOX IP & Law Office provides a comprehensive overview of the penalties applicable to individuals and legal entities found guilty of trademark infringement under Lao law. We examine the types of penalties, their calculation, and the factors that influence their severity. 1. Overview of Penalties for Trademark Infringement in Laos [Article 139 IP Law] Trademark infrement in Laos can lead to a variety of penalties, including punishment: (i) Education or warning: For minor or unintentional infringements....
Continue reading[vc_row triangle_shape="no"][vc_column][vc_column_text] Download The Lao People's Democratic Republic (Lao PDR) offers a legal framework for protecting trademarks through registration. A registered trademark grants the owner exclusive rights to use the mark for specific goods or services, preventing others from using a similar mark that could cause confusion among consumers. KENFOX IP & Law Office provides a comprehensive overview of the trademark examination process in Laos, guiding businesses and individuals through the key stages involved in securing trademark protection. 1. Preliminary examination The first step in the trademark registration process is the preliminary examination conducted by the Department of Intellectual Property (DIP). The DIP assesses the...
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Laos has made significant progress in modernizing its intellectual property (IP) framework. The recently enacted Law on Intellectual Property No. 50/NA (the “2023 Law on IP“) brings Laos closer to international standards, creating a more favorable environment for businesses in the country. However, there are still challenges that need to be addressed within Laos’ IP regime....
Continue readingDownload In recent years, Vietnam has emerged as a hotbed for copyright infringement, fueled by the rapid growth of websites and services that distribute pirated content. Sites like Phimmoi, Fmovies, AniWave, 123movies, BestBuyIPTV, and 2embed not only cause significant damage to the domestic creative market but also adversely affect the global industry. The popularity of these pirated movie sites stems from the substantial profits they generate. However, Vietnamese enforcement agencies have made significant efforts in law enforcement to address copyright infringement cases, especially in the field of digital content and online distribution. KENFOX IP & Law Office highlights three typical cases of...
Continue readingDownload In Laos, farming (agriculture) is very important for both the people's way of life and the country's economy. Because of this, protecting the rights of people who create new types of plants (i.e., plant breeder's rights) is becoming a very important issue. The Law on Intellectual Property (Amended) No. 38/NA, which came into force on June 8, 2018, marks a significant step forward in recognizing and safeguarding the intellectual efforts of those who bring new plant varieties to life. But what does this mean for the breeders, the agricultural sector, and the biodiversity of Laos? KENFOX IP & Law Office...
Continue readingCustoms 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...
Continue readingTo 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...
Continue readingIn 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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