How to enforce trademark rights in Laos?
Enforcement of a trademark means taking measures to prevent unauthorized use of the trademark. Depending on the jurisdiction and the circumstances, the particular processes for enforcing a trademark will vary, however some common strategies for enforcing a trademark include:
Monitor the use of your trademark: Regular monitoring of your trademark can help you detect any unauthorized use of your trademark, and take appropriate action to enforce your rights.
Send a cease and desist letter: If you become aware of someone using your trademark without your permission, you can send a cease and desist letter, which is a formal request to stop the unauthorized use. A cease and desist letter can often be effective in resolving trademark disputes without going to court.
File a lawsuit: If a cease and desist letter is not effective, you may need to file a lawsuit to enforce your trademark rights. This involves presenting evidence of your trademark rights and the unauthorized use of your trademark, and asking the court to issue an injunction to stop the infringing use, and/or to award damages to compensate you for any harm caused by the infringement.
Seek enforcement through government agencies: In some cases, you may be able to seek enforcement of your trademark rights through government agencies, such as the customs offices. These agencies can take action to prevent the import or sale of infringing goods, or to cancel the registration of an infringing trademark.
Generally, a trademark infringement or disputes may be settled in Laos under 6 ways as provided under Article 127 of the Lao IP Law No. 38/NA of November 15, 2017 as follows:
(iii) Administrative remedies;
(iv) Remedy through Economic Dispute Resolution Committee;
(v) Judicial actions to People’s Courts;
(vi) 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 to resolve their dispute at any time
in accordance with laws and regulations.
Administrative Remedies: In Laos, the parties may purpose to the intellectual property administration authority for dispute resolution relating to intellectual property in accordance with laws.
A dispute that can be remedied in administrative mean shall be any dispute relating to registration of industrial properties, new plant varieties and provision of information related to copyright and related rights.
Remedy through Economic Dispute Resolution Committee: In Laos, the parties may request the economic Dispute Resolution Committee at any time to resolve their intellectual property dispute in accordance with the Law on Economic Dispute Resolution and other relevant laws and regulations.
Judicial Actions to People’s Court: In Laos, the parties may file an action to the People’s Court to decide on intellectual property dispute in accordance with laws and regulations.
International Dispute Settlement: In Laos, the intellectual property dispute settlement of international nature shall be proceeded in accordance with international conventions and agreements to which the Lao PDR is a party.
In practice, most patent infringement cases in Laos can be settled firstly by sending a cease and desist letter or proposing a trademark licence to the infringer.
- Questions on trademark registration and protection in Laos
- Right of priority for trademark application in Laos
- How long does a trademark registration last in Laos?
- How is a trademark application examined in Laos?
- How a goods/services is classied for trademark registration in Laos