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...
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...
Continue readingIn 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...
Continue readingTo 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...
Continue readingCustoms 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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