11 January

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Important Notes on Patents and Petty patents in Laos

Download 1. What Patents & Petty Patents in Laos? In Laos, there exist two types of Patents, (i) Patents and (ii) Petty Patents. Patents are defined as the “official certificate from the state Organisation issued to protect inventions that are new, involve an inventive step, and are capable of industrial application”. Meanwhile, petty patents are defined as “the official certificates issued to protect utility innovations”. 2. Patentable Inventions and Utility Innovation In Laos To be patentable in Laos, an invention or utility innovation must meet 03 requirements, (i) novelty (new), (ii) inventive step and (iii) industrial applicability. Meanwhile, to be patented as a Petty...

11 January

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What are the requirements for patent specification to be filed in Laos?

Posted by Ly Dinh

in Patent/Petty Patent

Download 1. Patent specification A patent specification must include 10 pieces of information as follows: Subject matter of invention or utility innovation Areas related to the invention or utility innovation; Background of the invention or utility innovation; Objective of the application of the invention or utility innovation; Brief summary of the invention or utility innovation; Detailed description of the invention or utility innovation as set forth in Article 17 herein; Rights claimed as set forth in Article 18 of this Decision; Abstract as set forth in Article 19 of Decision No. 1714/MOST; Drawings as set forth in Article 20 of Decision No....

11 January

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

Posted by Ly Dinh

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 November

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How did “DING TEA” milk tea win the brand battle in Cambodia?

Posted by KENFOX IP

in Cambodia, IP Practice, News

Download 1. Cambodia is an emerging market that attracts substantial foreign investment in Southeast Asia. Every year, tens of thousands of trademark applications are filed directly in Cambodia or through the Madrid system, and millions of registered trademarks have been published in the national register. Therefore, securing a trademark registration in Cambodia is not a simple course of action, because it is very easy for a mark to be deemed confusingly similar to an earlier mark, not to mention the fact that many trademark applications may be rigidly refused by the examiner. Then, without the support of IP attorneys with extensive...