RESTRICTED  WORLD TRADE  
ORGANIZATION  WT/ACC/LAO/7 
27 July 2006 
 
 (06-3607) 
Working Party on the 
Accession of the Lao PDR Original:   English 
 
 
  
ACCESSION OF THE LAO PDR 
 
Implementation of the WTO Agreement on Trade-Related
 
Aspects of Intellectual Property Rights (TRIPS)  
   The following submission, dated 13 July 2006, is being circulated at the request of the Government of the Lao People's Democratic Republic (Lao PDR). 
 
_______________ 
 
  WT/ACC/LAO/7 
Page 2  
 
   
 TRIPS Agreement Country 
 General Obligations IP Agreement s to which the country adheres 
1 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.  Further Article 24 
of the Lao PDR Constitution specifically provides 
for protection of Intellectual Property. 
2 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. Conformity with this prov ision is ensured in Lao 
PDR by the application of Article 1(2) of the Paris 
Convention through the Decree on Trademarks No 
06/PM of 18 January 1995 and Regulation on the Registration of Trademarks No 466/STEA/PMO 
dated March 2002, Decree No 01/PM dated 17 
January 2002 on the protection of Patents, Petty Patents (Utility Models) and Industrial Designs and 
Regulation on the Implementation of the Patents 
Decree No 322/STEA/PMO dated 18 February 2003. 
A Draft Intellectual Property Law approved by the 
Lao PDR Government at the beginning of 2005 will be submitted to the National Assembly of Lao PDR 
in 2006 and should, along with any related decrees, 
address these issues.   
3 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. Lao PDR acceded without reservation to the Paris 
Convention, and consequently intends to fully apply 
the provisions of that Convention without limitations 
to agricultural and extr active industries.   
4 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. Conformity with this prov ision is ensured in Lao 
PDR by the application of Article 2 of the Paris Convention and the new Draft Intellectual Property 
Law which does not differentiate between the level 
of protection afforded to Lao PDR nationals or legal foreigners.  Also the Law on Civil Procedures states 
that all legal entities (foreign or national) in Lao 
PDR have the right to lodge complaints to the courts in order to protect their rights and interests and the 
Law on the Promotion on Foreign Investment states 
that foreign nationals and their assets, including 
intellectual property, shall be protected by the laws 
and regulations of Lao PDR.   
5 Paris.  Article 3, requires that nationals of non-
Member countries domiciles or that have "real and 
effective" industrial or commercial establishments in 
a Member country be treated as nationals of a Member country. Conformity with this prov ision is ensured in Lao 
PDR by the application of Article 3 of the Paris 
Convention and the new Draft Intellectual Property 
Law which in its current form does not differentiate the level of protection granted to Lao PDR nationals 
and legal foreigners.   
6 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. Conformity with this prov ision is ensured in Lao 
PDR by the application of Article 4 of the Paris Convention and Articles 13 and 32 of the Decree No 
01/PM dated 17 January 2002 on the protection of 
Patents, Petty Patents (Utility Models) and Industrial Designs and Articles 13 of Regulation on the 
Implementation of the Patents Decree No 
322/STEA/PMO dated 18 February 2003.  A period of priority is not provided for utility model and the 
Decree shall be amended for compliance.  WT/ACC/LAO/7 
 Page 3 
 
 
   TRIPS Agreement Country 
7 Article 4bis states that patents obtained for the same 
invention in various members of the Paris Union are independent of each other. Conformity with this prov ision is ensured in Lao 
PDR by the application of Article 4bis of the Paris Convention and the new Draft Intellectual Property 
Law which does not differentiate the level of 
protection granted to Lao PDR nationals and legal 
foreigners. 
 
8 Article 4ter requires that inventors have the right to 
be named as such in the patent. This requirement is planned to be incorporated into 
Lao PDR law by the Draft Intellectual Property Law 
being considered by the National Assembly in 2006.  
9 Under Article 4quater 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 invalid ating 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 use compulsory licensing as a means to prevent abuses, 
such 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 for forfeiture or revocation cannot be 
institute until two years afte r the grant of the first 
compulsory licence. Conformity with this prov ision is ensured in Lao 
PDR by the application of Articles 4quater and 5(A)(1) of the Paris Convention and Decree No 
01/PM dated 17 January 2002 on the protection of 
Patents, Petty Patents (Utility Models) and Industrial Designs and Regulation on the Implementation of 
the Patents Decree No 322/STEA/PMO dated 18 
February 2003 do not contain any contrary provisions.  Conformity with this provision is further 
ensured in Lao PDR by the application of Articles 
5(A)(2) and (3) of the Paris Convention and Article 21 of Decree No 01/PM dated 17 January 2002 on 
the protection of Patents, Petty Patents (Utility 
Models) and Industrial Designs on compulsory licences.    
10 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.  Licences 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 those 
that are protected. Conformity with this provis ion is currently partially 
ensured in Lao PDR by the application of Article 
5(A)(4) of the Paris Convention and Article 21 of 
Decree No 01/PM dated 17 January 2002 on the 
protection of Patents, Petty Patents (Utility Models) and Industrial Designs on compulsory licences.  Full 
conformity is planned to be achieved with the Draft 
Intellectual Property Law being considered by the National Assembly in 2006 which will address the 
issue of non-exclusivity.    
11 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 diminish 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 
mislead. Conformity with this prov ision is ensured in Lao 
PDR by the application of Article 5(C) of the Paris 
Convention and the absence of any contrary 
provisions.   
12 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. Conformity with this prov ision is ensured in Lao 
PDR by the application of Article 5(D) of the Paris 
Convention. WT/ACC/LAO/7 
Page 4  
 
   TRIPS Agreement Country 
13 Article 5bis 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. Conformity with this prov ision is ensured in Lao 
PDR by the application of Article 5bis of the Paris Convention and Article 19 of the Regulation on the 
Registration of Trademarks No 466/STEA/PMO 
dated March 2002, and Articles 17, 26 and 35 of the 
Decree No 01/PM dated 17 January 2002 on the 
protection of Patents, Petty Patents (Utility Models) and Article 18 of the Decree No 01/PM dated 17 
January 2002 on the protection of Patents, Petty 
Patents (Utility Models) and Industrial Designs and Regulation on the Implementation of the Patents 
Decree No 322/STEA/PMO dated 18 February 2003. 
14 Article 5ter on making use of patented devices 
aboard a vessel, aircraft, of land vehicle temporarily or accidentally in the territory or the Member. Conformity with this prov ision is ensured in Lao 
PDR and Article 18 of the Decree No 01/PM dated 17 January 2002 on the protection of Patents, Petty 
Patents (Utility Models) specifically states that the 
owner of a patent has no right to institute proceedings in respect to use of articles on any 
vehicle which temporarily enters the airspace, 
territory or waters of Lao PDR.   
15 Article 5quater 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. Conformity with this prov ision is ensured in Lao 
PDR by the application of Article 5quater of the 
Paris Convention and Article 18 of the Decree No 
01/PM dated 17 January 2002 on the protection of Patents, Petty Patents (Utility Models) and Industrial 
Designs.   
16 Article 5quinquies requires that Paris Members 
protect designs. Conformity with this prov ision is ensured in Lao 
PDR by the application of Article 5quinquies of the 
Paris Convention and Decree No 01/PM dated 17 
January 2002 on the protection of Patents, Petty Patents (Utility Models) and Industrial Designs and 
Regulation on the Implementation of the Patents 
Decree No 322/STEA/PMO dated 18 February 2003. 
17 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. Conformity with this prov ision is ensured in Lao 
PDR by the application of Article 6 of the Paris 
Convention and Decree on Trademarks No 06/PM of 
18 January 1995 and Regulation on the Registration of Trademarks No 466/STEA/PMO dated March 
2002.  These regulations do not link refusal or 
cancellation of registration of a trademark to those in other countries. 
18 Article 6bis 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. Conformity with this prov ision is ensured in Lao 
PDR by the application of Article 6bis of the Paris 
Convention and Article 12 of the Decree on Trademarks No 06/PM of 18 January 1995. 
19 Article 6ter requires Member s to refuse to register or 
to invalidate the registration that includes, without 
authorization, armorial bearings, 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.   Conformity with this prov ision is ensured in Lao 
PDR by the application of Article 6ter of the Paris 
Convention and Article 12 of the Decree on Trademarks No 06/PM of 18 January 1995.  WT/ACC/LAO/7 
 Page 5 
 
 
   TRIPS Agreement Country 
20 Article 6quater 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.   Conformity with this prov ision is ensured in Lao 
PDR by the application of Article 6quater of the Paris Convention.  In addition, Article 16 of the 
Decree on Trademarks No 06/PM of 18 January 
1995 and Article 14 of the Regulation on the 
Registration of Trademarks No 466/STEA/PMO 
dated March 2002 which deals with transfer of trademarks. 
21 Article 6quinquies requires that trademarks duly 
registered in a Member be accepted for filing in 
other Members, with certain reservations, and establishes the conditions under which a trademark 
may be denied registration or may be invalidated.   Conformity with this prov ision is ensured in Lao 
PDR by the application of Article 6quinquies of the 
Paris Convention and the provisions of the Decree on Trademarks No 06/PM of 18 January 1995 and 
Regulation on the Registration of Trademarks No 
466/STEA/PM/O dated March 2002. 
22 Article 6sexties states that Paris Members 
undertake" to protect service marks without being 
required to provide for their registration. There is no specific  provision that provides for this 
protection in Lao PDR regulation on service marks.   
23 Article 6septies requires that trademark owners be 
able to oppose or request cancellation of a registration of their trademarks applied for by their 
agent or representative wi thout their authorization 
unless the agent or representative justifies his action. Conformity with this provision is not ensured in Lao 
PDR. 
24 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 trademark. (Duplicate 
language is in TRIPS Article 15.4.) Conformity with this provision is ensured by the 
application of Article 7 of the Paris Convention, and 
Article 12 of the Decree on Trademarks No 06/PM 
of 18 January 1995.  
25 Article 7bis 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. Conformity with this prov ision is ensured in Lao 
PDR by the application of Article 7bis of the Paris 
Convention and Article 9 of the Decree on Trademarks No 06/PM of 18 January 1995 and 
Regulation on the Registration of Trademarks No 
466/STEA/PMO dated March 2002. 
26 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. Conformity with this prov ision is ensured in Lao 
PDR by the application of Article 8 of the Paris 
Convention and Article 12 of the Decree on 
Trademarks No 06/PM of 18 January 1995. 
27 Article 9 requires seizure on importation or 
exclusion or goods bearin g 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. Conformity with this prov ision is ensured in Lao 
PDR by the application of Article 9 of the Paris 
Convention and Article 76.10 of the Customs Law. 
28 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. Conformity with this prov ision is ensured in Lao 
PDR by the application of Article 10 of the Paris 
Convention and Article 76.10 of the Customs Law.  This protection will be augmented by the Intellectual 
Property Law currently  being considered. WT/ACC/LAO/7 
Page 6  
 
   TRIPS Agreement Country 
29 Article 10bis 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. Conformity with this prov ision is ensured in Lao 
PDR by the application of Article 10bis of the Paris Convention and Article 12 of the Decree on 
Trademarks No 06/PM of 18 January 1995 and 
unfair competition provisio ns of the Decree 15/PM 
on Competition of 4 February 2004 in particular in 
Part II and Article 5 on the promotion for fair competition.  An implementing regulation of the 
Decree 15/PM is in the pr ocess of being adopted and 
will include a precise definition of unfair competition and reprehensible acts. 
30 Article 10ter requires that Members undertake to 
assure to foreign nationals effective legal remedies 
to repress actions referred to in Articles 9, 10 and 
10bis, and to allow federations and associations 
representing foreign businesses, on the basis of 
reciprocity, to take action in court and before administrative authorities to repress such acts.   Conformity with this prov ision is ensured in Lao 
PDR by the application of Article 10ter of the Paris 
Convention and provisions of the ordinary law (Civil Code, Civil Procedures Code, Penal Code, Penal 
Procedures Code, Commercial Code, Customs 
Code). Further, specific additional legislation for the protection of industrial property is contained in the 
Draft Law on Intellectual Property which is in the 
process of being adopted. 
31 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.  This should be addressed by the Draft Intellectual 
Property Law. 
32 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. Conformity with this prov ision is ensured in Lao 
PDR by the application of Article 11 of the Paris 
Convention.  The authority at present responsible for 
industrial property is the Science, Technology & Environment Agency (STEA) as authorized under 
Article 8 of the Decree on Trademarks No 06/PM of 
18 January 1995 and Article 8 of the Decree No 01/PM dated 17 January 2002 on the protection of 
Patents, Petty Patents (Utility Models) and Industrial 
Designs.   The STEA publis hes an Official Gazette 
containing information on patents granted, utility 
models, trademarks and industrial designs registered 
and all documents registered affecting the rights of third parties.  It is published pursuant to the 
application of Article 11 of the Regulation on the 
Registration of Trademarks No 466/STEA/PMO dated March 2002 and Articles 14, 16 and 24 of the 
Regulation on the Implementation of the Patents 
Decree No 322/STEA/PMO dated 18 February 2003.  The Gazette has a wide national circulation. 
33 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. Lao PDR has entered into a special agreement on 
matters related to intellectual property with the United States of America.   This agreement was 
ratified by the Lao PDR National Assembly in 2004.  WT/ACC/LAO/7 
 Page 7 
 
 
   TRIPS Agreement Country 
34 National treatment, with exceptions allowed in the 
Paris, Berne and Rome Conventions.  Article 3. Under Articles 2 and 3 of the Paris Convention and 
Articles 3 to 6 of the Berne Convention both of which Lao PDR is a member, foreigners are 
accorded the same treatment as nationals. In Lao 
PDR foreigners are currently required to use an 
accredited representative to file a trademark 
application as under Article 4 of the Regulation on the Registration of Trademarks No 466/STEA/PMO 
dated March 2002. The accredited representative is 
also available to provide se rvices of local  applicant, 
and those services are valid for other areas of 
intellectual property if the registration will be needed 
such as copyright.       
35 Most favoured nation tr eatment, with enumerated 
exceptions.  Article 4. No additional favourable treatment is accorded in 
Lao PDR in relation to intellectual property rights to 
nationals of any country whatsoever. 
 Copyright and Neighbouring Rights Ci tation to copyright and related laws 
36 Compliance with Articles I through 21 of the Berne 
Convention with the exception of Article 6bis, Article 9.1. A Draft Intellectual Property Law approved by the 
government at the beginning of 2005 will be submitted to the National Assembly of Lao PDR and 
should be with its implementation decrees in force 
by the end of 2006.  It will conform to the Berne Convention as incorporated into the TRIPS 
Agreement. 
37 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 2bis. A Draft Intellectual Property Law approved by the 
government at the beginning of 2005 will be 
submitted to the National Assembly of Lao PDR and 
should be with its implementation decrees in force by the end of 2006.  It will conform to the Berne 
Convention as incorporated into the TRIPS 
Agreement. 
38 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.   A Draft Intellectual Property Law approved by the 
government at the beginning of 2005 will be 
submitted to the National Assembly of Lao PDR and 
should be with its implementation decrees in force by the end of 2006.  It will conform to the Berne 
Convention as incorporated into the TRIPS 
Agreement. 
39 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 wo rks of architecture or 
artistic works incorporated into a building or 
structure in a Union member. A Draft Intellectual Property Law approved by the 
government at the beginning of 2005 will be 
submitted to the National Assembly of Lao PDR and 
should be with its implementation decrees in force by the end of 2006.  It will conform to the Berne 
Convention as incorporated into the TRIPS 
Agreement. 
40 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. A Draft Intellectual Property Law approved by the 
government at the beginning of 2005 will be 
submitted to the National Assembly of Lao PDR and should be with its implementation decrees in force 
by the end of 2006.  It will conform to the Berne 
Convention as incorporated into the TRIPS Agreement. WT/ACC/LAO/7 
Page 8  
 
   TRIPS Agreement Country 
41 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 exclus ive right to make or 
authorize the making of translations of the work. A Draft Intellectual Property Law approved by the 
government at the beginning of 2005 will be submitted to the National Assembly of Lao PDR and 
should be with its implementation decrees in force 
by the end of 2006.  It will conform to the Berne 
Convention as incorporated into the TRIPS 
Agreement. 
42 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. A Draft Intellectual Property Law approved by the 
government at the beginning of 2005 will be 
submitted to the National Assembly of Lao PDR and should be with its implementation decrees in force 
by the end of 2006.  It will conform to the Berne 
Convention as incorporated into the TRIPS Agreement. 
43 Articles 10 and 10bis define certain authorized "free 
uses of works". A Draft Intellectual Property Law approved by the 
government at the beginning of 2005 will be 
submitted to the National Assembly of Lao PDR and should be with its implementation decrees in force 
by the end of 2006.  It will conform to the Berne 
Convention as incorporated into the TRIPS Agreement. 
44 Articles 11, 11bis, and 11ter 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. A Draft Intellectual Property Law approved by the 
government at the beginning of 2005 will be 
submitted to the National Assembly of Lao PDR and should be with its implementation decrees in force 
by the end of 2006.  It will conform to the Berne 
Convention as incorporated into the TRIPS 
Agreement. 
45 Article 12 requires that authors of literary or artistic 
works have the exclusive right to authorize adaptations, arrangements and other alterations of 
their works. A Draft Intellectual Property Law approved by the 
government at the beginning of 2005 will be submitted to the National Assembly of Lao PDR and 
should be with its implementation decrees in force 
by the end of 2006.  It will conform to the Berne Convention as incorporated into the TRIPS 
Agreement. 
46 Article 13 authorizes countries to impose 
reservations and conditions on the exclusive right granted authors of musical works or written works 
that are recorded. A Draft Intellectual Property Law approved by the 
Lao PDR Government at the beginning of 2005 will be submitted to the National Assembly of Lao PDR 
in 2006 and should, along with any related decrees, 
address these issues.  It will conform to the Berne Convention as incorporated into the TRIPS 
Agreement. 
 
47 Articles 14 requires that authors 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). See point 46.   WT/ACC/LAO/7 
 Page 9 
 
 
   TRIPS Agreement Country 
48 Article 14bis specifies that a cinematographic work 
is to be protected as an  original work without 
prejudice to any work that is adapted or reproduced 
and the author of the cine matographic work is to 
enjoy the same rights as the author of any other 
work. See point 46.  
49 Article 14ter requires "droit de suite" in connection 
with subsequent sales works of art and manuscripts. See point 46. 
50 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. See point 46. 
51 Article 16 requires that infringing copies of a work 
be subject to seizure whether domestically produced or imported.   See point 46. 
52 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. See point 46. 
53 Article 19 authorizes Union members to provide 
greater protection than that required by the Convention. See point 46. 
54 Article 20 authorizes Union members to enter into 
special agreements among themselves 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. 
55 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 othe r form are to be protected 
as intellectual creations if they constitute such.  Article 10. A Draft Intellectual Property Law approved by the 
Lao PDR Government at the beginning of 2005 will be submitted to the National Assembly of Lao PDR 
and should be in place by the end of 2006.  It will 
conform to the Berne Convention as incorporated into the TRIPS Agreement and to the protection of 
computer programs and compilations of data as 
specifically provided by TRIPS. 
56 Provide rental rights at least for computer programs 
and cinematographic works with certain exceptions.  
Article 11. A Draft Intellectual Property Law approved by the 
Lao PDR Government at the beginning of 2005 will 
be submitted to the National Assembly of Lao PDR 
and should be in place by th e end of 2006 .   It will 
conform to the Berne Convention as incorporated 
into the TRIPS Agreement and to the recognition of 
rental rights as specifically provided by TRIPS. 
57 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 the end of the calendar 
year of making.  Article 12. See point 46. 
58 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.   See point 46. WT/ACC/LAO/7 
Page 10  
 
   TRIPS Agreement Country 
59 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. A Draft Intellectual Property Law approved by the 
Lao PDR Government at the beginning of 2005 will be submitted to the National Assembly of Lao PDR 
and should be in place by the end of 2006.  It will 
conform to the Rome Convention as incorporated 
into the TRIPS Agreement and to the extension of 
the term of protection to 50 years for performers as specifically provided by TRIPS. 
60 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. A Draft Intellectual Property Law approved by the 
Lao PDR Government at the beginning of 2005 will 
be submitted to the National Assembly of Lao PDR and should be in place by the end of 2006.  It will 
conform to the Rome Convention as incorporated 
into the TRIPS Agreement and to the extension of the term of protection to 50 years for phonogram 
producers as specifically provided by TRIPS. 
61 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. A Draft Intellectual Property Law approved by the 
Lao PDR Government at the beginning of 2005 will be submitted to the National Assembly of Lao PDR 
and should be in place by the end of 20 06. It will 
conform to the Rome Convention as incorporated into the TRIPS Agreement. 
 Trademarks Citation to appropriate law 
62 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. Conformity with this provision is ensured by the 
application of Article 2 of  the Decree on Trademarks 
No 06/PM of 18 January 1995. 
63 Not deny registration for a mark based solely on the 
nature of the goods or services to which a trademark is to be applied.  Article 15.4. Conformity with this provision is ensured by the 
application of Article 7 of the Paris Convention, and Article 12 of the Decree on Trademarks No 06/PM 
of 18 January 1995. 
64 Trademarks must be published before or shortly after 
registration to permit opposition or opportunity to apply for cancellation.  Article 15.5. Conformity with this provision is ensured by the 
application of Article 12 of the Paris Convention and Articles 8 and 16 of the Decree on Trademarks No 
06/PM of 18 January 1995 and Regulation on the 
Registration of Trademarks No 466/STEA/PMO dated March 2002.  Registered trademarks are 
published in the Official Industrial Property Bulletin 
published by STEA. 
65 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. Conformity with this provision is ensured by the 
application of Article 6bis of the Paris Convention 
and Articles 6 and 13 of th e Decree on Trademarks 
No 06/PM of 18 January 1995.  However, this article 
does not specifically refer to “similar marks” and 
this is planned to be implemented through the IP law being considered by the National Assembly. 
66 Presume confusion where an identical mark is used 
without authorization on identical goods or services.  
Article 16.1. The presumption of confusion for use of identical 
mark is not provided for yet and will be incorporated 
in a new Decree that will implement the IP law set to be adopted by the National Assembly at the 
beginning of 2006.  WT/ACC/LAO/7 
 Page 11 
 
 
   TRIPS Agreement Country 
67 Provide protection for well know trademarks and 
service marks in accordance with Article 6bis, 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 .3. Conformity with this provis ion is ensured by Article 
6bis of the Paris Convention and Article 12 of the Decree on Trademarks No 06/PM of 18 January 
1995. 
68 Allow only limited exceptions to the rights conferred 
by a trademark such as fair use of descriptive terms.  
Article 17. The Decree on Trademarks No 06/PM of 18 January 
1995 and Regulation on the Registration of 
Trademarks No 466/STEA/PMO dated March 2002 does not provide for exceptions.   
69 Provide a period of protection for registration of at 
least seven years, renewable indefinitely.  Article 18. Conformity with this provis ion is ensured by Article 
11 of the Decree on Trad emarks No 06/PM of 18 
January 1995.  The tradem ark is protected for 10 
years from the date of filing and may be renewed 
indefinitely. 
70 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. Conformity with this provis ion is ensured by Article 
5 and Regulation on the Registration of Trademarks No 466/STEA/PMO dated March 2002 which 
provides that the period of non-use invalidation is 
five years. 
71 No encumbering of the us e of a trademark by special 
requirements.  Article 20. Current Lao PDR regulations do not impose 
encumbrances on the use of  a trademark by special 
requirements. 
72 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 bu siness.  Article 21. These provisions are ensure d by Article 16 of the 
Decree on Trademarks No 06/PM of 18 January 
1995 and Article 14 of Regulation on the 
Registration of Trademarks No 466/STEA/PMO dated March 2002. 
 Geographical Indications Citation  to appropriate law or laws 
73 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 
2. 
 A Draft Intellectual Property Law approved by the 
Lao PDR Government at the beginning of 2005 will 
be submitted to the National Assembly of Lao PDR and should be in place by the end of 2006. The Draft 
Law includes protection for geographical 
indications.  Lao PDR is also receiving technical 
assistance to implement protection of geographical 
indications in this manner. 
74 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 I 0 years or in good 
faith before 15 April 1994.  Article 22.3. Conformity is ensured by Article 6quinqiues B(3) of 
the Paris Convention and,  Article 12 of the Decree on Trademarks No 06/PM of 18 January 1995 and is 
also addressed in the Draft Intellectual Property 
Law. 
75 Protect against use of geographical indications even 
when literally true but which falsely represent that 
the goods originate in another territory.  Article 22.4. A Draft Intellectual Property Law approved by the 
Lao PDR Government at the beginning of 2005 will 
be submitted to the National Assembly of Lao PDR 
and should be in place by the end of 2006. The Draft 
Law includes protection for geographical 
indications.  Lao PDR is also receiving technical 
assistance to implement protection of geographical 
indications in this manner. 
Further, protection against unfair competition is generally provided in Decree 15/PM on Competition 
of 4 February 2004 in particular in Part II and Article 
5 on the promotion for fair competition.   WT/ACC/LAO/7 
Page 12  
 
   TRIPS Agreement Country 
76 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. A Draft Intellectual Property Law approved by the 
Lao PDR Government at the beginning of 2005 will be submitted to the National Assembly of Lao PDR 
and should be in place by the end of 2006. The Draft 
Law includes protection for geographical 
indications.  Lao PDR is also receiving technical 
assistance to implement protection of geographical indications in this manner. 
 
77 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. A Draft Intellectual Property Law approved by the 
Lao PDR Government at the beginning of 2005 will be submitted to the National Assembly of Lao PDR 
and should be in place by the end of 2006. The Draft 
Law includes protection for geographical indications.  Lao PDR is also receiving technical 
assistance to implement protection of geographical 
indications in this manner.  
 Industrial Designs Citation to appropriate law 
78 Provide, with certain exceptions, protection for new 
or original, independently created industrial designs.  
Article 25.1. Conformity with this prov ision is ensured in Lao 
PDR by the application of Article 29 of the Decree 
No 01/PM dated 17 January 2002 on the protection of Patents, Petty Patents (Utility Models) and 
Industrial Designs.  The Decree only provides 
protection for new designs and does not distinguish new from original designs. 
79 Ensure that requirements for securing protection for 
textile designs are not prohibitive of such protection.  Article 25.2. Conformity with this prov ision is ensured in Lao 
PDR by the fact that Article 32 of the Decree No 01/PM dated 17 January 2002 on the protection of 
Patents, Petty Patents (Utility Models) and Industrial 
Designs which offers protection of industrial design, including textile designs. 
80 Protection should last at least 10 years.  Co nformity with this provision is ensured in Lao 
PDR by the application of the provisions of Article 
35 of the Decree No 01/PM dated 17 January 2002 on the protection of Patents, Petty Patents (Utility 
Models) and Industrial Designs which states that 
registered industrial designs shall expire five years after the date of the application and may be renew 
for two continuous period and each period takes five 
years.    
 
 Patents Citation to appropriate law 
81 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 microbiological processes.  
Exemptions are also permitted for reasons of public order and morality.  Article 27. Conformity with his provis ion is ensured by Articles 
6, 7 and 10 of the Decree No 01/PM dated 17 
January 2002 on the protection of Patents, Petty 
Patents (Utility Models) and Industrial Designs protects inventions, with the exception of methods 
for the treatment of human and animal body which 
may not be patented and inventions contrary to public order and morality.  These issues may also be 
addressed in a possible new Decree that may be 
required to implement the Draft IP law set to be considered by the National Assembly in 2006.    WT/ACC/LAO/7 
 Page 13 
 
 
   TRIPS Agreement Country 
82 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. Conformity with this pr ovision is provided by 
Article 18 of the Decree No 01/PM dated 17 January 2002 on the protection of Patents, Petty Patents 
(Utility Models) and Industrial Designs. 
83 Give patent owners the right to assign the rights in 
the patent, or transfer the rights by succession, or licence them.  Article 28.2 Conformity with this prov ision is provided by these 
provisions are ensured by Article 30 of the Regulation on the Implementation of the Patents 
Decree No 322/STEA/PMO dated 18 February 2003. 
84 Require applicants to disc lose 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. Conformity with this prov ision is provided by these 
provisions are ensured by Article 9 of the Decree No 01/PM dated 17 January 2002 on the protection of 
Patents, Petty Patents (Utility Models) and Industrial 
Designs. 
85 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. Articles 19, 20 and 21 of  the Decree No 01/PM 
dated 17 January 2002 on the protection of Patents, 
Petty Patents (Utility Models) and Industrial Designs 
provides for exceptions to exclusive patent rights.  However, there is no specific provision that provides 
that in exceptions to exclusive patent rights should 
(i) not unreasonably conflict with normal exploitation of the patent (ii) unreasonably prejudice 
the legitimate interests of the patent owner (iii) 
taking third party interests into account.  A Draft Intellectual Property Law approved by the Lao PDR 
Government at the beginning of 2005 will be 
submitted to the National Assembly of Lao PDR in 
2006 and should, along with any related decrees, 
address these issues.  
86 Compulsory licences can be issued only when 
enumerated conditions are met, including such 
things as notice, remuneration, limitations on use 
and transfer of the licen ce, etc.  Article 3 1. The issue of compulsory licences is covered by 
Article 5 A of the Paris Convention and Articles 20 
and 21 of the Decree No 01/PM dated 17 January 
2002 on the protection of Patents, Petty Patents (Utility Models) and Industrial Designs. 
87 Provide an opportunity for judicial review of 
decisions to revoke or forfeit a patent.  Article 32. Currently, there is no specific rule that allows for the 
judicial review of actions undertaken by the relevant 
Lao PDR Government authority and in particular decisions to revoke or forfeit a patent. However, 
some protection is provided by the Lao PDR 
Constitution.  A Draft Intellectual Property Law approved by the Lao PDR Government at the 
beginning of 2005 will be submitted to the National 
Assembly of Lao PDR in 2006 and should, along with any related decrees, address these issues.  
88 Provide a patent term of at least 20 years from the 
filing date.  Article 33. This provision is ensured by Article 17 of the Decree 
No 01/PM dated 17 January 2002 on the protection 
of Patents, Petty Patents (Utility Models) and 
Industrial Designs.  
89 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. A Draft Intellectual Property Law approved by the 
Lao PDR Government at the beginning of 2005 will be submitted to the National Assembly of Lao PDR 
in 2006 and should, along with any related decrees, 
address these issues.  WT/ACC/LAO/7 
Page 14  
 
   TRIPS Agreement Country 
 Integrated-Circuit Layout Designs Citation to appropriate law 
90 Provide protection for original layout designs of 
integrated circuits that ar e 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. A Draft Intellectual Property Law approved by the 
Lao PDR Government at the beginning of 2005 will be submitted to the National Assembly of Lao PDR 
in 2006 and should, along with any related decrees, 
address these issues.  In addition, Lao PDR 
envisages becoming a Party to the Washington 
Treaty. 
91 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. See point 90. 
 
92 Provide such protection for a term of I 0 years from 
the films, of an application for registration or from first commercial exploitation.  Article 38. See point 90 
 
 Undisclosed Information Citation to appropriate law or laws 
93 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. Article 95 of the Crime Law provides that: “Any 
person disclosing another person’s confidential 
matter which has come to the offender's knowledge during the performance of his profession or duties, 
thereby causing damage to the other person, shall be 
punished by three to six months of imprisonment and shall be fined from 50,000 Kip to 500,000 Kip”. 
94 Protect data submitted to obtain marketing approval 
for pharmaceutical or agricultural chemicals utilizing 
a new chemical entity.  Article 39.3. New regulations of the Food and Drug Department 
of Lao PDR will be considered in order to comply 
with this provision. 
 Enforcement Citation to appropriate law or laws 
 - General Provisions  
95 Provide for effective action against infringement of 
intellectual property rights without creating barriers 
to legitimate trade or opportunities for abuse.  Article 41.1. Lao PDR legislation gives the holder of an 
intellectual property right the possibility of recourse 
to either the civil court or the criminal court for an order to cease the infringements of his rights.  
(Article 17 of the Decree  on Trademarks No 06/PM 
of 18 January 1995 and Regulation on the Registration of Trademarks No 466/STEA/PMO 
dated March 2002 and Article 19 of the Decree No 
01/PM dated 17 January 2002 on the protection of Patents, Petty Patents (Utility Models) and Industrial 
Designs.  Abuse of these procedures is subject to 
penalties under the Civil Code and the Law on Civil Procedure 02/NA of 17 May 2004. 
See point 121. 
 
96 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. Conformity with these prov isions is ensured by the 
Constitution in its Chapter 9 and the Law on Civil 
Procedure 02/NA of 17 May 2004 and in particular Articles 78, 83, 92, 93 of the Law on Civil 
Procedure. 
97 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. Conformity with these prov isions is ensured by Law 
on Civil Procedure 02/NA of 17 May 2004.  WT/ACC/LAO/7 
 Page 15 
 
 
   TRIPS Agreement Country 
98 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. Some provision for appeal processes is provided by 
the Lao PDR Constitution. 
 - Civil and Administrative Procedures and 
Remedies  
99 Provide a procedure that allo ws 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. Conformity with these prov isions is ensured by the 
Civil Procedures Code and in particular Articles 78, 
83, 92, 93 of the Law on Civil Procedure 02/NA of 17 May 2004. 
100 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.  Conformity with these pr ovisions is ensured by 
Article 20 of the Law on Civil Procedure 02/NA of 17 May 2004. 
101 Authorize judges to enjoin a defendant, except the 
government, from infringing intellectual property rights.  Article 44.1. The status of this requirement under current Lao 
PDR laws is not clear reflecting the constraints the country faces as a least-developed country.  Lao 
PDR will consider this issue further and develop the 
appropriate provisions.  
102 Authorize judges to order the payment of monetary 
damages adequate to compensate for the injury done 
by the infringement.  Article 45.1 . See point 101.  
 
103 Authorize judges to order infringer to pay right 
holders enforcement costs and recovery of profits and/or statutory damages.  Article 45.2.  See point 101. 
 
104 Authorize additional remedies including seizure of 
infringing goods, and the materials and implements the predominant use of which is infringement.  
Article 46. Conformity is ensured by Article 76 of the Law on 
Civil Procedure and the Law on Judgement Enforcement 03/NA of May 15, 2004. 
105 Authorize indemnification of defendant, including 
attorneys' fees in the even t of abuse by plaintiffs.  
Article 48.1. See point 101. 
106 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. Lao PDR legislation on intellectual property does 
not contain any provisions intended to exempt public 
authorities or officials from civil liability.  
107 Ensure that administrative remedies conform to the 
principles in the preceding Articles.  Article 49. See point 101. 
 
 - Provisional Measures  
108 Authorize judges to grant temporary restraining 
orders and provisional relief to prevent infringement 
and to preserve evidence.  Article 50.1. Conformity with these pr ovisions is ensured by 
Articles 119 and 124 of the Law on Civil Procedure 
02/NA of 17 May 2004 and the Law on Judgement 
Enforcement 03/NA of May 15, 2004. 
109 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. See point 101. 
 
110 Provide for notice, for formal action by the plaintiff 
after temporary restraining orders, etc.  Article 50.4. See point 101.  
  WT/ACC/LAO/7 
Page 16  
 
   TRIPS Agreement Country 
 - Border Measures  
111 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. An amended Lao PDR Customs Law was adopted in 
2005 which includes provisions for intellectual property protection at the borders.  Lao PDR is 
currently in the process of revising the existing 
implementation Decree including other relevant 
provisions to ensure it complies with WTO 
principles. 
112 Require right holders initiating border measures to 
provide evidence of a prim a 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. See point 111.  
 
113 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. See point 111.  
 
114 Requires prompt notification of the right holder and 
the importer when action under Article 51 is taken.  Article 54. See point 111.  
 
115 Requires that customs authorities be notified within 
a maximum of 20 days of the receipt of notice that 
proceedings on the merits have begun or the suspension is to be revoked.  Article 55. See point 111.  
 
116 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. See point 111.  
 
117 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. See point 111.  
 
118 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 offi cials be liable if they act 
in bad faith.  Article 58. See point 111.  
 
119 Competent authorities must be able to order 
destruction or disposal other than by re-export of 
infringing goods where appropriate.  Article 59. An amended Lao PDR Customs Law was adopted in 
2005 which includes provisions for intellectual 
property protection at the borders.  Lao PDR is 
currently in the process of  implementing this Decree 
and working to ensure it complies with WTO principles, including the provisions for special and 
differential treatment for least-developed countries. 
Lao PDR is receiving technical assistance in this regard. 
Further, Article 32 of the Penal Law of Lao PDR 
allows confiscation of property.  WT/ACC/LAO/7 
 Page 17 
 
 
   TRIPS Agreement Country 
120 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. See point 111. 
 
 - Criminal Procedures  
121 Provide criminal procedur es 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. See point 95 for details of the current protections. 
Also a Draft Intellectual Property Law approved by 
the Lao PDR Government at the beginning of 2005 
will be submitted to the National Assembly of Lao PDR in 2006 and should, along with any related 
decrees, address these issu es. The current Draft Law 
states that sanctions for infringement of all intellectual property rights protected under the law 
are from three months to two years imprisonment 
and from 500,000 Kip to 50,000,000 Kip.   
 
 
__________