May 28, 2024
On March 1, 2024, the Lao official gazette published the newly amended Law on Intellectual Property No. 50/NA, dated November 20, 2023 (the “2023 Law on IP”). The timing of this update is consistent with Laos’ history of providing regular revisions to the country’s IP legislation since the enactment of the first Law on Intellectual Property by the National Assembly in 2007 (the “2007 Law on IP”). These revisions include amendments in 2011, 2017, and now 2023.
Prior to 2007, intellectual property (IP) protection was granted through decrees issued by the prime minister’s office for selected types of IP: trademarks, patents, petty patents, and industrial designs. The 2007 Law on IP marked a significant shift by introducing comprehensive legislation to protect industrial property rights, new plant varieties, copyright, and related rights. It laid the foundations for IP legislation in Laos, with the primary objectives of promoting and protecting intellectual creativity and attracting foreign investment.
Since 2007, the enactment of new IP laws has not always entailed significant amendments to the existing IP framework; however, it frequently serves as an opportunity to introduce long-considered mechanisms. For example, the amended Law on Intellectual Property No. 38/NA, dated November 15, 2017 (“2017 Law on IP”) introduced, among other provisions, the possibility of opposition by a third party after the formal examination of a trademark application by the examiner.
The 2023 Law on IP brought additional changes and updates to the IP regulatory landscape in Laos. Some of the most notable of these are highlighted below.
Trademarks
While Laos already introduced a new mechanism for online trademark registration in November 2023—about a month before enacting the 2023 Law on IP—the new law did introduce some noteworthy changes.
Well-Known Marks
The 2023 Law on IP appears to ease the burden of proof for establishing that a mark is well known.
The 2017