Laos, one of the smallest economies in the
region has updated its IP laws. The new
Law on Intellectual Property No 38/NA of 2017 took effect at the start of June
2018. It replaced the old 2011 law. It
contains various changes, in summary:
a. The
Trademark definition is expanded to non-traditional marks. Oppositions have
been introduced. The intention is to create an online publication system.
b. The
patent regime is largely unchanged except for an increased ability of the government
to challenge patents contrary to public policy.
c. Industrial
designs now have an opposition procedure.
d. Plant
Variety provision are changed inline with the UPOV Convention.
e. Copyright
protections are expanded especially in the context of digital broadcasts.
Enforcement procedures have been improved.
There is a de-emphasis on administrative remedies. Ex officio customs IP enforcement
is provided for although more rules are needed. Criminal IP enforcement is
simplified.
Laos is an ASEAN member, but perhaps the least
open and smallest economy. However it to
has to comply with ASEAN rules on IP protection and enforcement so it is not
surprise that it has to modernise its IP system.
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