WORLD TRADE  
ORGANIZATION  RESTRICTED 
WT/ACC/LAO/7/Rev.1 
23 January 2012 
 (12-0420) 
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) 
 
Revision 
 
 The following submission, dated 13 January 2012, is being circulated at the request of the 
Government of the Lao People's Democratic Republic (Lao PDR). 
 
_______________ WT/ACC/LAO/7/Rev.1 
Page 2 
 
 
   
TRIPS Agreement Country 
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.   
 
See below specific articles of the 2011 
Intellectual Property Law (adopted in 
December 2011 to replace 2007 Intellectual 
Property Law and awaiting the promulgation 
by the President) 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 26.5. 
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 nationals 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 Pari s 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 regarding 
application for patent and petty patent).  WT/ACC/LAO/7/Rev.1 
 Page 3 
 
 
  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 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 sufficien t to prevent the abuse.  
Proceedings for forfeiture or revocation cannot be institute 
until two years after the grant of the first compulsory licence. 2011 Intellectual Property Law.  Articles 21.3, 
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 y ears 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 th e 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 pe riod of time has passed and 
permits the proprietor to use di ffering 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 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 th e 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 elaborated in a ministerial guideline. 
Article 5 ter on making use of patented devices aboard a vessel, 
aircraft, of land vehicle tem porarily 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. 
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. WT/ACC/LAO/7/Rev.1 
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  Article 6 ter requires Members to refuse to register or to 
invalidate the registration that includes, without authorization, 
armorial bearings, flags, stat e 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 good will of the business together 
with the exclusive right to manufacture and sell the goods 
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 
reservations, 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". Revised of 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 trademark. (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 Custom s 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, manuf acturer, or merchant of such 
goods. 2011 Intellectual Property Law.  Articles 120 
and 132. 
Article 10 bis requires Members to provide protection against 
unfair competition, including ag ainst 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 
and 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.  WT/ACC/LAO/7/Rev.1 
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  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 for the communica tion 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 no t contravene the provisions of 
Paris. 2011 Intellectual Property Law 
 
Lao PDR will officially become a member of 
the Berne Convention in March 2012 
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 treatment, 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. 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.  Article 6. 
Article 4 requires that protection be provided cinematographic 
works not falling under Article 3 if the maker has a 
headquarters or habitual reside nce 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 following the death of the author.  Special terms 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 109.5. 
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. WT/ACC/LAO/7/Rev.1 
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  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 an d 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 exclusive 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 author s 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 original work  without 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.  
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 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 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 calendar 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. 2011 Intellectual Property Law.  Articles 109 
and 110.  WT/ACC/LAO/7/Rev.1 
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  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. 
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 services 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 iden tical 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 .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. Current Lao PDR's revised IP Law do not 
impose encumbrances on the use of a 
trademark by special requirements.   WT/ACC/LAO/7/Rev.1 
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  May establish conditions for licensing but compulsory 
licensing not permitted and owner of registered mark must be 
able to assign it with or w ithout transfer of business.  
Article 21. 2011 Intellectual Property Law.  Article 47. 
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 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.  Article 15 
and 22. 
Ensure that requirements for securing protection for textile 
designs are not prohibitive of su ch 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 tech nology 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. 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. 
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.  WT/ACC/LAO/7/Rev.1 
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  Compulsory licences 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 produc t 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 incorporat ed 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 ba rriers 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.1 
Page 10 
 
 
  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 mer its based upon the evidence 
presented in the case to the par ties, preferably in writing with 
the reasons explaine d.  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).  WT/ACC/LAO/7/Rev.1 
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  - 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 40);  
- Civil Procedure Law No. 02/NA 
dated 17 May 2004 (Article 20);  
- 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 produc tion 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). 
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 (Artic les 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 im plements 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 event of abuse by plaintiffs.  Article 48.1. - Law on Contract and Tort No. 1/NA 
dated 8 December 2008 (Articles 83, 
91 and 101). WT/ACC/LAO/7/Rev.1 
Page 12 
 
 
  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 remedi es 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  
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 infringeme nt 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). 
Requires that customs authorities be notified within a maximum of 20 days of the recei pt 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 foun d 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).  WT/ACC/LAO/7/Rev.1 
 Page 13 
 
 
  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 o fficials be liable if they act in 
bad faith.  Article 58. No ex officio  action allowed.  
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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