Geographical Indications
Legal Basis
– Law on Intellectual Property No. 38/NA of November 15, 2017, published on May 25, 2018, in force since June 9, 2018.
Membership in International Conventions
– Convention Establishing the World Intellectual Property Organization (WIPO), since June 17, 1995.
– Paris Convention for the Protection of Industrial Property, Stockholm Act, since October 8, 1998.
– WTO's TRIPS Agreement, since February 2, 2013.
– Lisbon Agreement for the Protection of Appellations of Origin and their International Registration, Geneva Act, since February 20, 2021.
Filing
Applicant: may be an enterprise or an individual.
Foreigners: have the same rights as nationals on the basis of reciprocity. They have to appoint a resident agent.
Definition: a sign used to indicate the origin, country, zone, locality, or specific area of any product which certifies specific qualities and reputation.
Registrability: (1) the geographical indication includes natural factors including conditions of the soil, air, water, ecology, and other natural conditions; (2) the geographical indication includes human factors including recognition, conscience and the experience of the manufacturer and original, local manufacturing processes.
Non-registrable: (1) names of geographical indications which have become names of goods generally available in the Lao PDR; (2) foreign geographical indications which are not protected or have not been used for a long period; (3) geographical indications which are the same as, or similar to protected trademarks which leads to misunderstanding as to the origin of the said goods; (4) geographical indications which lead to user misunderstanding about the actual source or origin.
Filing requirements for an application (to be sent to resident agent):
1. Application;
2. Power of attorney, legalized;
3. Copy of registration in foreign country.
Note: from June 2023 notarization of the PoA, Deed of Assignment, Declaration of Change and other required documents is no longer required, legalization will suffice.
Examination and Protection
Examination: preliminary and substantive examination.
Publication: after registration.
Granting: a certificate of registration is issued and published in the Industrial Property Gazette.
Duration: unlimited from the date of receipt of the registration certificate.
Annuities: a one-time fee must be paid in advance.
Licensing: must be registered.