WORLD TRADE  
ORGANIZATION  RESTRICTED 
WT/ACC/LAO/7/Rev.3 
28 August 2012 
 (12-4673) 
Working Party on the 
Accession of Lao PDR Original:   English 
 
 
 
ACCESSION OF LAO PDR 
 
Implementation of the WTO Agreement on Trade-Related 
Aspects of Intellectual Property Rights (TRIPS) 
 
Revision 
 
 The following submission, dated 14 August 2012, is being circulated at the request of the 
Government of the Lao People's Democratic Republic (Lao PDR). 
 
_______________ WT/ACC/LAO/7/Rev.3 
Page 2 
 
 
   
TRIPS Agreement Lao PDR 
General Obligations IP Agreements to which the country adheres 
Compliance with Articles 1 through 12 and Article 19 
of the Paris Convention for the Protection of Industrial 
Property in respect of Parts II, III, and IV of the 
TRIPS Agreement.  TRIPS Article 2. Lao PDR is a Party to the Paris Convention for the 
Protection of Industrial Property since 1998 and the 
Patent Cooperation Treaty since 2006. 
 
See below specific articles of the Intellectual Property 
Law No. 01/NA, dated 20 December 2011 which 
reflect corresponding General Obligations. 
Under Paris, Article 1(2), industrial property has as its 
object patents, utility models, industrial designs, 
trademarks, service marks, trade names, indications of 
source or appellations of origin, and the repression of 
unfair competition. 2011 Intellectual Property Law.  Articles 9 and 120. 
In Paris, Article 1(3), industrial property applies not 
only to industry and commerce proper, but to 
agricultural and extractive industries and to all 
manufactured or natural products, e.g., wines, grain, 
tobacco leaf, fruit, cattle, minerals, mineral waters, 
beer, flowers, and flour. 2011 Intellectual Property Law does not provide any 
restrictions on the scope of its applicability with 
regard to the types of industries and products.  
Article 3.2. 
Under Paris, Article 2, nationals of Members are to 
enjoy in other Members the advantages that their 
respective laws grant to nationals, and shall have the 
same protection and the same legal remedy against 
any infringement of their rights if they conform to the 
conditions and formalities imposed upon the Member's 
nationals. 2011 Intellectual Property Law does not provide any 
discriminatory treatment between Lao and foreigners.  
Articles 6 and 26. 
Paris, Article 3, requires th at nationals of non-Member 
countries domiciles or that have "real and effective" 
industrial or commercial establishments in a Member 
country be treated as nationa ls of a Member country. 2011 Intellectual Property Law.  Article 26.4. 
Under Paris, Article 4 a right of priority is to be given 
an applicant for a patent, for registration of a utility 
model, an industrial design, or of a trademark who has 
filed the equivalent of a regular national filing under 
the domestic legislation of a Member country.  
The periods of priority are to be 12 months for patents 
and utility models, and six months for industrial 
designs and trademarks.  The Article discusses the 
technical details of granting priority in depth. 2011 Intellectual Property Law.  Article 29. 
Article 4 bis states that patents obtained for the same 
invention in various members of the Paris Union are 
independent of each other. 2011 Intellectual Property Law has no provisions 
making protection of an invention in Lao PDR be 
dependent on its protection in other countries.  
Article 4 ter requires that inventors have the right to be 
named as such in the patent. 2011 Intellectual Property Law does not limit the right 
of investors to be named as such in the patent 
(see Article 31).  WT/ACC/LAO/7/Rev.3 
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  TRIPS Agreement Lao PDR 
Under Article 4 quater  restrictions or limitations on the 
sale of a patented product or a product produced by a 
patented process cannot be the grounds for refusing a 
patent or invalidating one already issued.  Under 
Article 5(A)(1), importation of a patented product 
manufactured in a Paris Union country cannot be the 
basis of forfeiture of the patent.  Article 5(A)(2) and 
(3) authorize countries to us e compulsory licensing as 
a means to prevent abuses, su ch as the failure to work, 
but they may not forfeit a patent unless the grant of a 
compulsory licence would not be sufficient to prevent 
the abuse.  Proceedings fo r forfeiture or revocation 
cannot be institute until two years after the grant of the 
first compulsory licence. 2011 Intellectual Property Law.  Articles 21, 55 and 
63. 
Article 5(a)(4) prohibits application for a compulsory 
licence for failure to work until four years have passed 
since tile application was filed or three years from date 
of grant and no compulsory licence is to be granted if 
the patentee justifies the failure to work.  Licenses are 
to be non-exclusive, and may not be transferred except 
with the enterprise or goodwill that exploits the 
licence.  Article 5(b) prohibits  forfeiture of industrial 
designs for failure to work or for importing articles 
corresponding to thos e that are protected. 2011 Intellectual Property Law.  Article 63.9. 
Article 5(c) prohibits cancellation of a mark for 
unjustified non-use before a reasonable period of time 
has passed and permits the proprietor to use differing 
elements that do not dimini sh the distinctive character 
of a mark without invalidating the registration or 
diminishing the protection granted the mark.  
Concurrent use of the mark by co-proprietors is 
permitted so long as the public is not misled. 2011 Intellectual Property Law.  Article 64. 
Under Article 5(d), protection of patents, registered 
trademarks, and industrial designs cannot be 
conditioned upon indication or mention of such patent, 
trade registration, or industrial design protection. 2011 Intellectual Property Law does not provide that 
the condition for the protection is to indicate on goods 
the protected inventions, utility solutions, industrial 
designs and trademarks. 
Article 5 bis requires that a grace period of at least 
six months be provided for the payment of 
maintenance fees for industrial property, but a 
surcharge is permissible.  Countries are authorized to 
restore patents that lapsed for non-payment of fees. To be provided in the Regulation on Patents and Petty 
Patents. 
Article 5 ter on making use of patented devices aboard 
a vessel, aircraft, of land vehicle temporarily or 
accidentally in the territory or the Member. 2011 Intellectual Property Law.  Article 55.5. 
Article 5 quater  requires that process patent owners 
have all the rights against an imported product 
produced by the patent process that they would have 
with respect to products manufactured at home. 2011 Intellectual Property Law.  Articles 55.1 to 55.4. 
Article 5 quinquies  requires that Paris Members protect 
industrial designs. 2011 Intellectual Property Law.  Articles 3.8, 9, 15, 50 
and 56. 
Article 6 makes the conditions for filing and registration of trademarks subject to domestic 
legislation but also makes filing and registration 
independent of those in other countries, including the 
country of origin. 2011 Intellectual Property Law has no provisions 
making filing and registration of trademarks in 
Lao PDR dependent of those in other countries, 
including the country of origin. WT/ACC/LAO/7/Rev.3 
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  TRIPS Agreement Lao PDR 
Article 6 bis requires parties, ex officio  if legally 
possible or at the request of  an interested party, to 
refuse to register or, for a period of at least five years, 
to cancel the registration of  a trademark confusingly 
similar to a well-known mark.  No time-limit is placed 
on a mark used in bad faith. 2011 Intellectual Property Law.  Article 23.9. 
Article 6 ter requires Members to refuse to register or 
to invalidate the registration that includes, without 
authorization, armorial bear ings, flags, state emblems, 
official signs and hallmarks, etc.  An exception is 
provided for owners of rights acquired in good faith 
before the Convention entered into force for that 
country.   2011 Intellectual Property Law.  Article 23. 
Article 6 quater makes the assignment of a mark valid 
if the portion of the business or goodwill of the 
business together with the exclusive right to 
manufacture and sell the good s bearing the mark are 
also transferred.   2011 Intellectual Property Law.  Article 47.2. 
Article 6 quinquies  requires that trademarks duly 
registered in a Member be accepted for filing in other 
Members, with certain rese rvations, and establishes 
the conditions under which a trademark may be denied 
registration or may be invalidated.   2011 Intellectual Property Law.  Articles 3.35, 23, 26, 
27, 30, 34, 43, 44 and 45. 
Article 6 sexties  states that Paris Members undertake 
"to protect service marks without being required to 
provide for their registration". 2011 Intellectual Property Law.  Articles 3.9, 3.10 and 
16. 
Article 6 septies  requires that trademark owners be able 
to oppose or request cancellation of a registration of 
their trademarks applied for by their agent or 
representative without their authorization unless the 
agent or representative justifies his action. 2011 Intellectual Property Law.  Article 44. 
Article 7 states that the nature of the goods to which a 
trademark is applied may in no case be an obstacle to 
the registration of the tradem ark.  (Duplicate language 
is in TRIPS Article 15.4.) 2011 Intellectual Property Law.  Article 23. 
Article 7 bis requires that Members permit registration 
of collective marks belonging to associations the 
existence of which is not contrary to the law of the 
country of origin, even where the association is not 
established in the country where protection is being 
sought. 2011 Intellectual Property Law.  Articles 3.11 and 33. 
Article 8 requires that trade names be protected by 
Members without the necessity of registration, 
whether or not the names are part of a trademark. 2011 Intellectual Property Law.  Article 17. 
Article 9 requires seizure on importation or exclusion 
or goods bearing a trademark or trade name without 
authorization, unless a country's laws provide for 
neither remedy, in which case domestic actions and 
remedies must be available. 2011 Intellectual Property Law.  Articles 127.2, 136.1, 
153 and 163. 
 
Instruction on Customs Measures for the Protection of 
Intellectual Property Rights No. 1970/MOF, dated 
9 September 2011. 
Article 10 applies the obligation of Article 9 to the 
direct or indirect use of false indications of source of 
goods, or false indication of the producer, 
manufacturer, or merchant of such goods. 2011 Intellectual Property Law.  Articles 120 and 132.  WT/ACC/LAO/7/Rev.3 
 Page 5 
 
 
  TRIPS Agreement Lao PDR 
Article 10 bis requires Members to provide protection 
against unfair competition, including against acts that 
create confusion of various kinds about the goods or 
activities of a competitor, that consist of false 
allegations about a competitor, or that are apt to 
mislead the public regarding a competitor's goods. 2011 Intellectual Property Law.  Article 120. 
Article 10 ter requires that Members undertake to 
assure to foreign nationals effective legal remedies to 
repress actions referred to in Articles 9, 10 and 10 bis, 
and to allow federations an d associations representing 
foreign businesses, on the basis of reciprocity, to take 
action in court and before administrative authorities to 
repress such acts.   Article 131 of 2011 Intellectual Property Law.  
Article 3 of 2004 Civil Procedure Law. 
Article 11 requires that temporary protection. 
consistent with domestic legislation, be afforded to 
patentable inventions, utility models, industrial 
designs and trademarks in respect of goods exhibited 
at official or officially  recognized international 
exhibitions held in their territory. 2011 Intellectual Property Law.  Article 30. 
Article 12 requires Members to establish industrial 
property offices for patents.  Utility models, industrial 
designs and trademarks fo r the communication to the 
public through publication of a periodic journal of the 
names of patent owners with a brief designation of 
their inventions, and the reproduction of trademarks. 2011 Intellectual Property Law.  Article 39. 
Article 19 authorizes Members to enter into separate 
and special industrial property agreements among 
themselves, so long as those agreements do not 
contravene the provisions of Paris. 2011 Intellectual Property Law.  Articles 5.5 and 6. 
 
Lao PDR has been a Party to the Paris Convention for 
the Protection of Industrial Property since 1998. 
National treatment, with exceptions allowed in the Paris, Berne and Rome Conventions.  Article 3. 2011 Intellectual Property Law.  Articles 6 and 26. 
Most favoured nation treat ment, with enumerated 
exceptions.  Article 4. 2011 Intellectual Property Law provides no 
discriminatory treatment.  Article 6. 
Copyright and Neighbouring Rights Cita tion to copyright and related rights 
Compliance with Articles 1 through 21 of the Berne 
Convention with the exception of Article 6 bis, 
Article 9.1. Lao PDR becomes a Party to  the Berne Convention for 
the Protection of Literary and Artistic Works in 
March 2012. 
 
Articles 1 through 21 of the Berne Convention with 
the exception of Article 6 bis, Article 9.1 have been 
reflected in 2011 Intellectual Property Law. 
Article 2 defines "literary and artistic works" as "every 
production in the literary, scientific and artistic 
domain whatever may be the mode or form of its 
expression," giving examples.  Limitations related to 
speeches are provided in Article 2 bis. 2011 Intellectual Property Law.  Articles 11, 88 and 
90. 
Article 3 requires that protection be provided to the works of authors who are nationals of Berne Union 
members and to works of nationals of non-Union 
countries if those works are published in a Union 
member simultaneously with publication in the 
non-Union country.   2011 Intellectual Property Law.  Articles 5, 6 and 92. WT/ACC/LAO/7/Rev.3 
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  TRIPS Agreement Lao PDR 
Article 4 requires that protection be provided 
cinematographic works not falling under Article 3 if 
the maker has a headquarters or habitual residence in a 
Union member and to works of architecture or artistic 
works incorporated into a building or structure in a 
Union member. 2011 Intellectual Property Law.  Article 6. 
Article 5 requires that authors enjoy the rights required 
by Berne and any other rights a country provides 
works on a national treatment basis without being 
subject to any formalities. 2011 Intellectual Property Law.  Articles 6 and 93. 
Article 7 requires that the term of protection for 
copyright be 50 years fo llowing the death of the 
author.  Special term s are authorized for 
cinematographic works, anonymous or pseudonymous 
works, photographic works and works of applied art.  
Article 8 gives authors of protected works the 
exclusive right to make or authorize the making of 
translations of the work. 2011 Intellectual Property Law.  Articles 3.27, 98.1, 
109.1, and 109.2 to 109.4. 
Article 9 requires that authors be given the exclusive 
right to authorize reproduction of the work in any 
manner or form with only limited exceptions that do 
not conflict with the normal exploitation of the work 
and do not unreasonably prejudice the legitimate 
interests of the author. 2011 Intellectual Property Law.  Articles 3.34, 98.1, 
111 and 112. 
Articles 10 and 10 bis define certain authorized "free 
uses of works". 2011 Intellectual Property Law.  Articles 111 and 112. 
Articles 11, 11 bis, and 11 ter require that authors of 
dramatic, dramatico-musical  and musical works and 
any translation thereof and authors of literary and 
artistic works, the exclusive right to authorize the 
public performance of their works, including by 
broadcast, public recitation and any communication to 
the public. 2011 Intellectual Property Law.  Article 98. 
Article 12 requires that authors of literary or artistic 
works have the exclusiv e right to authorize 
adaptations, arrangements and other alterations of their 
works. 2011 Intellectual Property Law.  Article 98. 
Article 13 authorizes countries to impose reservations 
and conditions on the exclusive right granted authors 
of musical works or written works that are recorded. 2011 Intellectual Property Law does not impose 
reservations or conditions on the exclusive right 
granted authors of musical works or written works that 
are recorded.  
Articles 14 requires that au thors of literary and artistic 
works have the exclusive right to authorize the 
cinematographic adaptation and reproduction of their 
works and the distribution, public performance and 
communication to the public of the adaptation or 
reproduction, without the limitations authorized under 
Article 13(1). 2011 Intellectual Property Law.  Article 88. 
Article 14 bis specifies that a cinematographic work is 
to be protected as an orig inal work with out prejudice 
to any work that is adapted or reproduced and the 
author of the cinematographic work is to enjoy the 
same rights as the author of any other work. 2011 Intellectual Property Law.  Articles 95 and 98. 
Article 14 ter requires "droit de suite" in connection 
with subsequent sales works of art and manuscripts. 2011 Intellectual Property Law does not provide for 
"droit de suite" in connection with sale of works of art 
and manuscripts.   WT/ACC/LAO/7/Rev.3 
 Page 7 
 
 
  TRIPS Agreement Lao PDR 
Article 15 requires that ownership of a work, for 
purposes of litigation, be presumed to be that which 
appears on the work in the usual manner. 2011 Intellectual Property Law.  Articles 109.2 and 
134. 
Article 16 requires that infringing copies of a work be subject to seizure whether domestically produced or 
imported.   2011 Intellectual Property Law.  Articles 127, 136, 
153 and 163. 
Article 18 requires that copyright protection be applied 
to all works which, at the moment Berne becomes 
effective, have not fallen into the public domain in the 
country of origin through the expiry of the term of 
protection. 2011 Intellectual Property Law.  Articles 5, 6, 88 and 
109. 
Article 19 authorizes Union members to provide greater protection than that required by the 
Convention. 2011 Intellectual Property Law.  Article 110.3. 
Article 20 authorizes Union members to enter into 
special agreements among th emselves to provide more 
extensive rights than those provided by Berne. Lao PDR has entered into a special agreement on 
matters related to intellectual property with the 
United States of America.  This was ratified by the 
Lao PDR National Assembly in 2004 but not yet 
entering into force. 
Protect computer programs, whether in source or object code, as literary works under the Berne 
Convention.  Protect compilations of data, whether in 
machine readable or other form are to be protected as 
intellectual creations if they constitute such.  
Article 10. 2011 Intellectual Property Law.  Articles 88 and 100. 
Provide rental rights at least for computer programs 
and cinematographic works with certain exceptions.  
Article 11. 2011 Intellectual Property Law.  Articles 98.1.8, 
98.1.9, 98.2.1 and 98.3. 
Provide a term of protection of fifty years from the death of tile author (Berne Article 7.1 and TRIPS 
Article 9.1) or, for works the term of which is not 
measured by the life of the author, a term of 50 years 
from the end of the calen dar year of authorized 
publication, or, if not published within fifty years from 
making, fifty years from th e end of the calendar year 
of making.  Article 12. 2011 Intellectual Property Law.  Articles 109 and 110. 
Confine limitations and exceptions to exclusive rights 
to certain special cases which do not conflict with a 
normal exploitation of the work and do not 
unreasonably prejudice the right holder's legitimate 
interests.  Article 13.   2011 Intellectual Property Law.  Articles 111 and 112. 
Provide performers with the right for 50 years from 
the date of a performance to prevent unauthorized 
fixation of their unfixed performances and of 
reproductions of such fixations and to prevent the 
unauthorized broadcast by wireless means and 
communication to the public of their live 
performances.  Article 14.1 and 5. 2011 Intellectual Property Law.  Articles 92, 104 and 
110.1. 
Provide phonogram producers with the right for 50 years from the date of first authorized fixation to 
prohibit unauthorized reproduction of their 
phonograms, directly or indirectly, and to prohibit 
rental of copies of their phonograms once sold or 
otherwise distributed.  Article 14.2, .4, and .5. 2011 Intellectual Property Law.  Articles 92, 105, 106, 
108 and 110.2. WT/ACC/LAO/7/Rev.3 
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  TRIPS Agreement Lao PDR 
Providing broadcasting organizations with the 
exclusive rights for 20 years of fixation, reproduction 
of fixations, and rebroadcasting by wireless means of 
their broadcasts and the communication to the public 
of broadcasts of their broadcasts or provide to the 
owners of the copyright in the material broadcast the 
possibility of exercising such rights.  Article 14.3 and 
5. 2011 Intellectual Property Law.  Articles 92, 98.1.4 
and 110.3. 
Trademarks Citation to appropriate law 
Provide trademark or service mark protection for any sign, or combination of signs capable of distinguishing 
the goods or services of one undertaking from those of 
other undertakings.  Article 15.1. 2011 Intellectual Property Law.  Articles 3.9, 3.10 and 
16.1. 
Not deny registration for a mark based solely on the 
nature of the goods or servic es to which a trademark is 
to be applied.  Article 15.4. 2011 Intellectual Property Law.  Article 23. 
Trademarks must be published before or shortly after 
registration to permit opposition or opportunity to 
apply for cancellation.  Article 15.5. 2011 Intellectual Property Law.  Article 44. 
Provide trademark owners the exclusive right to 
prevent unauthorized use identical or similar marks for 
similar goods or services of other parties if confusion 
is likely to result.  Article 16.1. 2011 Intellectual Property Law.  Articles 23 and 47. 
Presume confusion where an identical mark is used 
without authorization on identical goods or services.  
Article 16.1. 2011 Intellectual Property Law.  Articles 57 and 
117.1.3. 
Provide protection for well know trademarks and service marks in accordance with Article 6 bis, of the 
Paris Convention, even where use is on goods or 
services which are not similar to those in respect of 
which a trademark is registered if the latter use would 
imply a connection with the right holder or would be 
likely to damage the right holder's interests.  
Article 16.2 and 16.3. 2011 Intellectual Property Law.  Articles 3.13, 17 and 
23.9. 
Allow only limited exceptions to the rights conferred by a trademark such as fair use of descriptive terms.  
Article 17. 2011 Intellectual Property Law.  Article 23. 
Provide a period of protection for registration of at 
least seven years, renewable indefinitely.  Article 18. 2011 Intellectual Property Law.  Article 51. 
Allow cancellation for non-use only after a period of 
three years of uninterrupted non-use unless valid 
reasons exist for the non-use, including government 
interference with use.  Article 19.1. 2011 Intellectual Property Law.  Article 64. 
No encumbering of the use of a trademark by special 
requirements.  Article 20. 2011 Intellectual Property Law does not impose any 
special requirements on the use of a trademark.   
May establish conditions for licensing but compulsory 
licensing not permitted and owner of registered mark 
must be able to assign it with or without transfer of 
business.  Article 21. 2011 Intellectual Property Law.  Article 47.  WT/ACC/LAO/7/Rev.3 
 Page 9 
 
 
  TRIPS Agreement Lao PDR 
Geographical Indications Citation  to appropriate law or laws 
Provide means to prevent deceptive use of 
Geographical indications identifying location where a 
given quality, reputation or other characteristic of a 
good is attributable to its location.  Article 22.1 and 
22.2. 2011 Intellectual Property Law.  Articles 3.17, 19, 25 
and 59. 
Refuse to register or invalidate registrations of 
trademarks containing geographical indications except 
in instances in which such marks have been used 
continuously for at least 10 years or in good faith 
before 15 April 1994.  Article 22.3. 2011 Intellectual Property Law.  Articles 23.10, 23.11 
and 59. 
Protect against use of geographical indications even when literally true but which falsely represent that the 
goods originate in another territory.  Article 22.4. 2011 Intellectual Property Law.  Article 59.4. 
Protect, with certain exceptions, appellations or origin 
for wines and spirits even against use accompanied by 
expressions such as "kind", "type", "style", etc.  
Article 23.1 and 24. 2011 Intellectual Property Law.  Article 59.2. 
Refuse or invalidate, with certain exceptions 
trademark registrations containing geographical 
indications for wines and spirits if they do not 
originate in the place named.  Article 23.2 and 24. 2011 Intellectual Property Law.  Article 23. 
Industrial Designs Citation to appropriate law 
Provide, with certain exceptions, protection for new or 
original, independently created industrial designs.  
Article 25.1. 2011 Intellectual Property Law.  Articles 15 and 22. 
Ensure that requirements for securing protection for 
textile designs are not prohibitive of such protection.  
Article 25.2. 2011 Intellectual Property Law has no restrictions 
concerning textile design. 
Protection should last at least 10 years.  2011 Intellectual Property Law.  Article 50. 
Patents Citation to appropriate law 
Provide patents for any inventions, whether products 
or processes, in all fields of technology if they are 
new, involve an inventive step and are industrially 
applicable.  Exceptions are permitted for plants and 
animals, except for micro-organisms and 
non-biological and microbi ological processes.  
Exemptions are also permitted for reasons of public 
order and morality.  Article 27. 2011 Intellectual Property Law.  Articles 3.4, 13 and 
21. 
Provide patent owners with the right to prevent others 
from making, using, offering for sale, selling or 
importing a patented product or from using a patent 
process or using, offering for sale, selling or importing 
a product produced directly using such process.  
Article 28.1. 2011 Intellectual Property Law.  Article 47. 
Give patent owners the right to assign the rights in the 
patent, or transfer the rights by succession, or licence 
them.  Article 28.2. 2011 Intellectual Property Law.  Article 47. 
Require applicants to disclose the invention so that 
one skilled in the art can carry it out and may require 
indication of the best mode and information on 
corresponding foreign applications.  Article 29. 2011 Intellectual Property Law.  Articles 13, 32, 36 
and 38. WT/ACC/LAO/7/Rev.3 
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  TRIPS Agreement Lao PDR 
Ensure that any exceptions to exclusive patent rights 
do not unreasonably conflict with normal exploitation 
of the patent and do not unreasonably prejudice the 
legitimate interests of the patent owner, taking third 
party interests into account.  Article 30. 2011 Intellectual Property Law.  Article 63. 
Compulsory licenses can be issued only when 
enumerated conditions are met, including such things 
as notice, remuneration, limitations on use and transfer 
of the licence, etc.  Article 31. 2011 Intellectual Property Law.  Article 63. 
Provide an opportunity for judicial review of decisions 
to revoke or forfeit a patent.  Article 32. 2011 Intellectual Property Law.  Articles 127.3, 129 
and 132. 
Provide a patent term of at least 20 years from the 
filing date.  Article 33. 2011 Intellectual Property Law.  Article 48. 
Shift the burden of proof in process patent 
infringement actions to the defendant in instances in 
which tile product produced by the process is new or 
where it is substantially likely that the identical 
product was made using the process and the patent 
owner has been unable through reasonable efforts to 
determine the process used.  Article 34. 2011 Intellectual Property Law.  Article 134. 
Integrated-Circuit Layout Designs Citation to appropriate law 
Provide protection for original layout designs of 
integrated circuits that are registered or have been 
commercially exploited anywhere in the world.  
Articles 3, 4, 5, and 7 of the Washington Treaty as 
incorporated into TRIPS by Article 35. 2011 Intellectual Property Law.  Articles 3.16, 12, 18, 
24, 34, 58 and 65. 
Make unlawful, except in certain circumstances, the reproduction, importation, sale or other distribution of 
a protected layout design or an integrated circuit 
embodying such design or an article containing such a 
microcircuit.  Article 6 of Washington and Article 36 
of TRIPS. 2011 Intellectual Property Law.  Articles 58 and 
117.1.4. 
Provide such protection for a term of 10 years from the films, of an application for registration or from 
first commercial exploitation.  Article 38. 2011 Intellectual Property Law.  Articles 52 and 65. 
Undisclosed Information Citation  to appropriate law or laws 
Provide protection for undisclosed information that is 
secret (not generally known or readily ascertainable); 
has commercial value because of its secrecy, and has 
been subject to reasonable steps to keep it secret.  
Article 39.2. 2011 Intellectual Property Law.  Articles 3.18, 20, 54 
and 60. 
Protect data submitted to obtain marketing approval 
for pharmaceutical or agricultural chemicals utilizing a 
new chemical entity.  Article 39.3. 2011 Intellectual Property Law.  Article 61. 
Enforcement Citation to ap propriate law or laws 
- General Provisions  
Provide for effective action against infringement of 
intellectual property rights without creating barriers to 
legitimate trade or opportunities for abuse.  
Article 41.1. - 2011 Intellectual Property Law (Section VII); 
- Civil Procedure Law No. 02/NA dated 
17 May 2004 (for civil action); and 
- Criminal Procedure Law No. 01/NA dated 
15 May 2004 (for criminal action).   WT/ACC/LAO/7/Rev.3 
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  TRIPS Agreement Lao PDR 
Provide enforcement procedures that are fair and 
equitable and are not unnecessarily complicated or 
costly and do not entail unreasonable time-limits or 
unwarranted delays.  Article 41.2. - Economic Dispute Resolution Law No. 02/NA 
dated 19 May 2005 (for mediation and 
arbitration) which was amended in 
December 2010; 
- Petition Handling Law No. 07/NA dated 
9 November 2005 (Articles 16 to 20 for 
administrative action); 
- Civil Procedure Law No. 02/NA dated 
17 May 2004 (for civil action);  
- Criminal Procedure Law No. 01/NA dated 
15 May 2004 (for criminal action);  
- Court Fee Law No. 7/NA dated 
27 December 2006 (for court fees); 
- Presidential Edict on Fees and Service Charges 
No. 03/PO dated 17 March 2008 (for 
administrative fees); and 
- Judgment Enforcement Law No. 04/NA dated 
25 July 2008 (for judgment enforcement). 
Provide decisions on the merits based upon the 
evidence presented in the case to the parties, 
preferably in writing with the reasons explained.  
Article 41.3. - People's Court Law No. 09/NA dated 
26 November 2009 (Article 12);  
- Civil Procedure Law No. 02/NA dated 
17 May 2004 (Articles 20 and 78); and 
- Criminal Procedure Law No. 01/NA dated 
15 May 2004 (Articles 28 to 30). 
Provide for appeals to judicial bodies of final 
administrative decisions and of at least the legal 
aspects of initial judicial decisions on the merits of a 
case.  Article 41.4. - Civil Procedure Law No. 02/NA dated 
17 May 2004 (Articles 85 and 105); and 
- Criminal Procedure Law No. 01/NA dated 
15 May 2004 (Articles 80 and 93). 
- Civil and Administrative Procedures and 
Remedies  
Provide a procedure that allows plaintiffs to bring an 
action for infringement; requires that defendants be 
notified; permits both side to present evidence in 
support of their position; and protects confidential 
information.  Article 42. - Petition Handling Law No. 07/NA dated 
9 November 2005 (for administrative action);  
- Civil Procedure Law No. 02/NA dated 
17 May 2004 (for civil action);  
- Criminal Procedure Law No. 01/NA dated 
15 May 2004 (for criminal action);  
- Civil Procedure Law No. 02/NA dated 
17 May 2004 (Article 20 and 40);  
- Criminal Procedure Law No. 01/NA dated 
15 May 2004 (Articles 28 to 30); 
- 2011 Intellectual Property Law (Section VII); 
- Petition Handling Law No. 07/NA dated 
9 November 2005 (Article 33);  
- People's Court Law No. 09/NA dated 
26 November 2009 (Articles 13 and 56.5); and Criminal Law No. 09/NA dated 
12 November 2005 (Articles 104 and 153). 
Authorize judges to order production of evidence necessary to substantiate a party's claims where that 
party has been unable to obtain such evidence from the 
opposing party.  Article 43.1.  - Civil Procedure Law No. 02/NA dated 
17 May 2004 (Article 20); and 
- Criminal Procedure Law No. 01/NA dated 
15 May 2004 (Articles 28 to 30). 
Authorize judges to enjoin a defendant, except the government, from infringing intellectual property 
rights.  Article 44.1. - Civil Procedure Law No. 02/NA dated 
17 May 2004 (Article 71); and  
- Criminal Procedure Law No. 01/NA dated 
15 May 2004 (Articles 59 to 68). WT/ACC/LAO/7/Rev.3 
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  TRIPS Agreement Lao PDR 
Authorize judges to order the payment of monetary 
damages adequate to compensate for the injury done 
by the infringement.  Article 45.1. - Law on Contract and Tort No. 1/NA dated 
8 December 2008 (Articles 83, 91 and 101).  
Authorize judges to order infringer to pay right holders enforcement costs and recovery of profits 
and/or statutory damages.  Article 45.2.  - Court Fee Law No. 7/NA dated 
27 December 2006 (Ar ticles 26 and 33); and 
- Judgment Enforcement Law No. 04/NA dated 
25 July 2008 (Article 35).  
Authorize additional remedies including seizure of 
infringing goods, and the materials and implements 
the predominant use of which is infringement.  
Article 46. - Civil Procedure Law No. 02/NA dated 
17 May 2004 (Articles 71, 76 and 119); and  
- Criminal Procedure Law No. 01/NA dated 
15 May 2004 (Articles 59-68). 
Authorize indemnification of defendant, including 
attorneys' fees in the even t of abuse by plaintiffs.  
Article 48.1. - Law on Contract and Tort No. 1/NA dated 
8 December 2008 (Articles 83, 91 and 101). 
Exempt public authorities and officials from liability 
in connection with the administration of intellectual 
property laws only where the actions are taken or 
intended in good faith within the scope of tile relevant 
authority.  Article 48.2. - Law on Contract and Tort No. 1/NA dated 
8 December 2008 (Article 83); and  
- Criminal Law No. 09/NA dated 
12 November 2005 (Articles 22 and 23). 
Ensure that administrative remedies conform to the 
principles in the preceding Articles.  Article 49. - Petition Handling Law No. 07/NA dated 
9 November 2005. 
- Provisional Measures  
Authorize judges to grant temporary restraining orders 
and provisional relief to prevent infringement and to 
preserve evidence.  Article 50.1. - 2011 Intellectual Property Law (Section VII); 
- Civil Procedure Law No. 02/NA dated 
17 May 2004 (Articles 71, 76 and 119); and 
- Criminal Procedure Law No. 01/NA dated 
15 May 2004 (Articles 59 to 68). 
Authorize judges to require the complaining party to 
indemnify the defending party against harm if the 
decision on the merits finds the provisional relief 
unjustified.  Article 50.3. - Law on Contract and Tort No. 1/NA dated 
8 December 2008 (Articles 83, 91 and 101). 
Provide for notice, for formal action by the plaintiff 
after temporary restraining orders, etc.  Article 50.4. - Civil Procedure Law No. 02/NA dated 
17 May 2004 (Articles 71, 76 and 119). 
- Border Measures - 2011 Intellectual Property Law. Article 128. 
- 2011 Customs Law No. 04/NA dated 
20 December 2012 (A rticles 32 and 33). 
Provide for suspension of release by customs 
authorities of goods suspected  of bearing a counterfeit 
trademark or of being a piratical copyrighted work, 
either at the request of a right holder.  Members are 
authorized to extend such protection to holders of 
other forms of intellectual property, Article 51. Ministerial Instruction No. 1970/MoF "On Customs 
Measures for the Protection of Intellectual Property 
Rights" of 8 September 2011 (Section II). 
Require right holders initiating border measures to provide evidence of a prima facie infringement and a 
description of tile goods sufficient for customs 
authorities to recognize them.  The right holder must 
be notified within a reasonable time is action will be 
taken on his behalf.  Article 52. Ministerial Instruction No. 1970/MoF "On Customs 
Measures for the Protection of Intellectual Property 
Rights" of 8 September 2011 (Section II). 
Authorize authorities to require the right holder requesting border measures to post a bond sufficient to 
protect the defendant and to prevent abuse.  Article 53. Ministerial Instruction No. 1970/MoF "On Customs 
Measures for the Protection of Intellectual Property 
Rights" of 8 September 2011 (Section II). 
Requires prompt notification of the right holder and the importer when action under Article 51 is taken.  
Article 54. Ministerial Instruction No. 1970/MoF "On Customs 
Measures for the Protection of Intellectual Property 
Rights" of 8 September 2011 (Section II).  WT/ACC/LAO/7/Rev.3 
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  TRIPS Agreement Lao PDR 
Requires that customs authorities be notified within a 
maximum of 20 days of th e receipt of notice that 
proceedings on the merits have begun or the 
suspension is to be revoked.  Article 55. Ministerial Instruction No. 1970/MoF "On Customs 
Measures for the Protection of Intellectual Property 
Rights" of 8 September 2011 (Section II). 
Authorities must be authorized to require the right holder to compensate the importer or owner of the 
goods subject to border measures if goods were 
wrongfully detained or if proceedings leading to a 
decision on the merits are not begun within tile 
allotted time.  Article 56. Ministerial Instruction No. 1970/MoF "On Customs 
Measures for the Protection of Intellectual Property 
Rights" of 8 September 2011 (Section III). 
Right holders must be allowed to inspect the detained 
goods in order to substantiate the right holder's claims.  
Importers must be given similar authority.  Members 
may give the right holder the names and addresses of 
those involved in the importation when infringement 
is found to exist.  Article 57. Ministerial Instruction No. 1970/MoF "On Customs 
Measures for the Protection of Intellectual Property 
Rights" of 8 September 2011 (Section III). 
Establishes the conditions that must be in place if customs authorities are authorized to act ex officio , 
including the ability to ask the right holder for 
information at any time; the requirement to notify the 
importer promptly of the suspension; and the 
requirement that public officials be liable if they act in 
bad faith.  Article 58. No ex officio  action.  
Competent authorities must be able to order 
destruction or disposal other than by re-export of 
infringing goods where appropriate.  Article 59. Ministerial Instruction No. 1970/MoF "On Customs 
Measures for the Protection of Intellectual Property 
Rights" of 8 September 2011 (Section IV). 
Members are authorized to except from border measures small quantities of infringing goods of a 
non-commercial nature carried in personal luggage or 
shipped in small consignments.  Article 60. Ministerial Instruction No. 1970/MoF "On Customs 
Measures for the Protection of Intellectual Property 
Rights" of 8 September 2011 (Section I). 
- Criminal Procedures  
Provide criminal procedures  and penalties, sufficient 
to act as a deterrent, for wilful trademark 
counterfeiting or copyright piracy on a commercial 
scale.  Authorizes extension of criminal actions to 
other forms of intellectual property where 
infringements are wilful and on a commercial scale.  
Article 61. - 2011 Intellectual Property Law (Section VII); 
and  
- Criminal Procedure Law No. 01/NA dated 
15 May 2004 (for criminal procedures). 
 
 
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