Wednesday, March 22, 2017

Being established in 1993, the intellectual property in Laos PDR was under the control of DIPSM, which was the Department of Intellectual Property Standardization and Metrology.

The legislation of intellectual property in Laos PDR

Besides DIPSM, it was also watched by the Science Technology and Environment Agency. This was a very important part of the Prime Minister’s Office. In the mid January, 1998, Laos PDR belonged to the World Intellectual Property Organization and also was acceded by the Paris Convention in the 8th day of October, 1998. Moreover, it was also looking for some agreement of other convention as well as the international protocols which was related to the intellectual property rights.

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In January, 1995, those activities were promulgated by the Prime Minister Decree. Also, in 7 March, 2002, they enacted the latest regulation on the registration of trademark. There were over 9000 applications that were granted to be a part of Laos PDR. With the aim of harmonizing the TRIPS Agreement with all the new legislations, the principles in WIPO would be used as the documents that to build the context of the Decree cover domains. According to the legislations, the Intellectual property included the copyrights as well as their related rights. Those rights had been in the draft. By 2014, they would be finalized.

The Intellectual property in Laos PDR has been the ASEAN’s permanent member which was a part of the multifaced cooperation in term of the intellectual property. Being aside with other ASEAN countries, Laos PDR has joined in the ASEAN Common Filling System, which specialized in the trademark and industrial designs. They would be set up and carried out later as soon as possible. In making the registration of trademark, industrial designs and applications of patent and petty patent all the applications could be filed to the DIPSM by the local and foreign applicants. By the way, those applications outside the country should file their applications to the agents which were recognized by DIPSM.

The enforcement of the intellectual property in Laos PDR

The administrative procedure or DIPSM would settled the trademark infringement in the recent cases. This would be solved by the Economic Conciliation Body without any complaints which hadn’t been appealed to the court. The administration procedure could be lodged to DIPSM. DIPSM was the place that took charge of contacting to the related authorities which were the Department of customs, Department of Trade, etc to make the consideration about the data and information.

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After being under the consideration of the DIPSM, this organization would give the complainers some information in the suitable period if the petition was acceptable. If yes, the period for the customs administration will be effective to release the goods for free circulation. All the rights that the defendants could get was to show the DIPSM that they had got to resolve the settlement.

Laos had canceled about 4300 cases of fake cigarettes which was cost over 600.000 USD right at the checkpoint of the Viet – Laos border. As the third country, Laos was claimed to be the place for cigaretts to be transited.

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