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Trademark

Summary
  1. Legislation: Prime Minister’s Decree on Trademarks No 06/PM (1995)
  2. Definition: A trademark is a sign used for the purpose of indicating a connection between a person having the right to use the sign and his goods or services. A sign includes words, logos, labels, names, letters, numbers or a combination of the above.
  3. Criteria: A trade mark has to fulfil the following conditions in order to claim protection: - it must be distinctive - it cannot be generic - it cannot be deceptively similar to a previous or existing trademark. - it cannot be a geographical name or surname - it cannot be deceptive or confusing - it cannot be scandalous or offensive - it cannot have direct reference to the character or nature of the goods/services
  4. Membership: √ – Paris Convention X – Madrid Protocol Laos is a member of the Paris Convention from 1998, whereby applications from convention countries will be subject to the same priority date in Laos. The application for priority has to be made within six months of the first application in a convention country.
  5. Rule of Priority: “First to File” is the rule followed by Laos in determining priority of trademarks.
  6. Duration and Renewal:A trade mark once registered is valid for a term of 10 years and can be renewed every 10 years.
Procedure/Timeline
  1. Application Every applicant is required to an application to the registrar of patents within 12 months of priority date.
  2. Substantive Examination A substantive examination takes place 6 months from the date of publication.
  3. Registration The duration of registration takes a minimum period of 2 months. The registration is effective from date of application.
Requirements
The following information and/or documents are required to file an application for a trademark application in Laos:-
  1. Application Form.
  2. Power of Attorney.
  3. Twenty (20) clear copy of the mark.
  4. A list of goods or services ( which closely follow the Nice International Classification).
  5. The full name, nationality and registered address of the applicant.
  6. For marks that contain non-English words, a certified transliteration and translation.
Documents
Basic Requirements
Documents Remarks Time of filing
Power of Attorney Signed and notarized A copy on filing date with the original to be submitted within one month
Mark Not larger than 8x8cm On filing date
Additional Documents for Claiming Convention Priority (if applicable)
Documents Remarks Time of filing
Priority documents Notarized A copy on filing date with the original to be submitted within one month
Documents for Filing a Request of Recordals of Assignments (if applicable)
Documents Remarks Time of filing
A Power of Attorney (POA) Notarized On filing date
Photocopy of Certificate of Trademark registration - On filing date
Original notarized/certified copy of the Trademark Assignment Agreement Notarized On filing date
Documents for Filing a Request of Recordals of Changes (if applicable)
Documents Remarks Time of filing
A Power of Attorney (POA) Notarized On filing date
Photocopy of Certificate of Trademark registration - On filing date
Original Declaration of Change of Name/Address of legal document showing the change of name/address Notarized On filing date
Documents for Filing an Opposition or Counter-Opposition (if applicable)
(Deadline for Applying is during 3 Months Publication Period of the Trade Mark Application to be Opposed)
Documents Remarks Time of filing
A Power of Attorney Notarized On filing date
Affidavit of use Notarized / or certified On filing date
Evidence of use of the mark in Laos (such as bill of lading, packages, advertising and/or promoting materials, brochures, photographs, etc.) - On filing date
Downloadable Forms
Power of AttorneyDownload
Fees
Items Official Fees (USD) Professional Fees (USD)
1. Search per mark per class 90 150
2. Filing application 300 300
3. Issuance of Certificate 55 255

Patent

Summary
In Laos, patent protection is obtainable by way of either entering the national phase of a PCT application or filing a direct national application.
  1. Legislation: Decree No. 01/PM on Patent, Petty Patent and Industrial Designs.
  2. Patentability Criteria: A patent has to fulfill the following conditions in order to claim protection:
    • it is new
    • it involves an inventive step
    • it is industrially applicable
  3. Non-Patentable Subject Matter: An invention is not patentable if it contains the following:
    • discoveries, scientific theories and mathematical methods,
    • schemes, rules or methods for doing business, performing mental acts or playing games,
    • methods for the treatment of the human or animal body by surgery or therapy, and diagnostic methods practiced on the human or animal body;
    • pharmaceutical products as provided in Article 136 of this Law;
    • plant or animal varieties or essentially biological processes for the production of plant or animals
    • plant varieties.
  4. Petty Patents: The Laos patent system also provides for the grant of petty patents (utility model). A petty patent must fulfill the criteria of novelty and industrial applicability (but not inventiveness). Validity of a petty patent is 10 years from the official filing date in Laos and can be extended one time for a period of 2 years, provided that annual maintenance fee is paid. The maximum term of protection 12 years.
  5. Membership: √ – Paris Convention √ – Patent Cooperation Treaty (PCT) Laos is a member of the Paris Convention from 1998, whereby applications from convention countries will be subject to the same priority date in Laos. The application for priority has to be made within six months of the first application in a convention country. Laos is also a member of the PCT since 2006. An applicant who has made an international patent application may file and/or prosecute the patent application during its national phase entry into Laos within 30 months from the filing date of the international application or from the earliest priority date of the application if a priority is claimed.
  6. Rule of Priority: “First to file” is the rule followed by Laos in determining priority of patents.
  7. Duration The duration of protection is 20 years from the official filing date, provided that annual maintenance fee is paid.
Requirements
The following information and/or documents are required to file an application for a patent in Laos:- Direct National Application
  1. Application Form:-
    1. Name, address and nationality of the applicant;
    2. Name, address and nationality of the inventor;
    3. Title of the invention/petty invention;
    4. Country, application number and filing date of the original foreign application from which priority is claimed (if priority is claimed).
  2. Appointment of Patent Agent.
  3. Filing of an assignment from inventor to applicant.
PCT National Phase Application
  1. A copy of the PCT application in English language ( i.e. request form PCT/RO/101);
  2. The details of the PCT application (suitably, the bibliographic page as published by WIPO);
  3. One copy of the PCT specification as originally filed (in or translated to English);
  4. One copy of any amendments filed in the international phase (in or translated to English);
  5. An Appointment of Agent form signed by the applicant; and
  6. If the applicant is not the inventor, a statement explaining how the applicant derives its right to the patent from the inventor, normally by virtue of assignment or employment.
Procedure/Timeline
Every applicant is required to submit an application to the registrar of patents within 12 months of priority date. Time from the filing to granting date is 50 months (as for Patent) and 12 months (as for Petty Patent).
Downloadable Forms
1. Power of AttorneyDownload
2. Deed of Assignment Download
Documents
Basic Requirements
Documents Remarks Time of filing
Patent specification including description, claims, abstract 2 copies On filing date
Drawings 2 copies (if any) On filing date
Additional Documents
Documents Remarks Time of filing
Certified priority documents Convention priority can be claimed within 12 months from the first filing date of a foreign application. On filing date
Search report of the invention issued by any patent examiner of the foreign country or by relevant international organization - On filing date
Power of Attorney Notarized On filing date
Deed of Assignment Notarized On filing date
Documents required for Entry of PCT National Phase
Documents Time of filing
Details of the PCT application On filing date
International preliminary examination report On filing date
International search report On filing date
Notification of recording of a change On filing date
Amendments file in the international phase On filing date
Fees
Patent Application *Fees are not inclusive of 5% VAT and GST.
Items Official Fees (USD) Professional Fees (USD)
1. Filing Patent Application 20 165
2. Claiming Convention Priority - 75
3. Request Examination 10 180
4. Publication fee of granted patent 40 45
5. Grant of patent 30 150
6. Translation (per 100 words) - 15
Maintenance Fees
Items Official Fees (USD) Professional Fees (USD)
5th annuity 50 75
6th annuity 60 75
7th annuity 70 75
8th annuity 100 75
9th annuity 140 75
10th annuity 180 75
11th annuity 240 75
12th annuity 300 75
13th annuity 380 75
14th annuity 460 75
15th annuity 651 75
16th annuity 640 75
17th annuity 750 75
18th annuity 860 75
19th annuity 970 75
20th annuity 1100 75

Industrial Design

Summary
  1. Legislation: Decree No. 01/PM on Patent, Petty Patent and Industrial Design.
  2. Definition: Industrial design is appearance of a product expressed in shapes, lines, dimensions, colors or any combination thereof.
  3. Criteria: The general requirements for a design to be eligible for protection are: - novelty; - it involves inventive step; - it is susceptible of industrial application
  4. Rule of Priority: Applications for priority have to be made within six months from the earliest date of filing.
  5. Duration and Renewal: The duration of protection is 5 years from the official filing date in Laos. Thereafter, the registration may be renewed every 5 years up to a maximum of 15 years.
Requirements
The following information and/or documents are required to file an application for an industrial design application in Laos:-
  1. Application form:
    1. The name and address of the applicant.
    2. Description of the industrial design, comprising of: (i) the name of the article to which the industrial design is applied; (ii) the field of using articles to which the industrial design is applied; (iii) stating the salient features of design to which the registration is sought.
    3. A statement justifying the applicant’s rights to the registration of the industrial design, if the creator himself is not the applicant.
  2. Power of Attorney.
  3. Six sets of representation of the design (drawings or photographs).
  4. Priority documents and certified English translation (if necessary) of the priority document.
Procedure/Timeline
The entire duration for obtaining a Patent for design will take approximately 12 months as of the official filing date.
Downloadable Forms
1. Power of AttorneyDownload
2. Deed of AssignmentDownload
Documents
Basic Requirements
Documents Remarks Time of filing
Power of Attorney Signed by applicant and notarized by the Notary Public On filing date
Deed of Assignment Signed by applicant and notarized by the Notary Public (if applicable) On filing date
Drawings/Photographs 7-view orthographic drawings or photographs (must exhibit white background and be in grayscale) – front, back, left, right, top, bottom and perspective view. Dimension of representation should not be less than 90mm x 120mm and not exceeding 210mm x 297mm. On filing date
Additional Documents for Claiming Convention Priority
Documents Remarks Time of filing
Priority documents Certified On filing date
Fees
Application Fees *Fees are not inclusive of 5% VAT and GST.
Items Official Fees (USD) Professional Fees (USD)
1. Filing Application 105 240
2. Claiming Priority 25 45
3. Examination 15 9
4. Publication 45 45
5. Grant of Certificate 150 180
Maintenance Fees
Items Official Fees (USD) Professional Fees (USD)
Second renewal i) Single design Each additional design 200 100 270 270
Third renewal i) Single design Each additional design 270 135 350 350