RESTRICTED  WORLD TRADE  
ORGANIZATION  WT/ACC/LAO/17 
5 May 2009 
 (09-2173) 
Working Party on the 
Accession of Lao PDR Original:   English 
 
 
 
ACCESSION OF THE LAO PDR 
 
Additional Questions and Replies  
 
 
 The following submission, dated 9 April 2009, is  being circulated at the request of the 
Delegation of Lao People's Demo cratic Republic (Lao PDR). 
  
_______________  WT/ACC/LAO/17 
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TABLE OF CONTENTS 
II. ECONOMIC POLICIES..........................................................................................................1  
- Investment Regime.............................................................................................................. ......1  
- State Ownership and Privatization .........................................................................................2  
- Pricing Policies ............................................................................................................... ...........3  
IV. POLICIES AFFECTING TRADE IN GOODS .....................................................................4  
- Trading Rights ................................................................................................................. .........4  
A. IMPORT REGULATIONS......................................................................................................5  
- Tariff rate quotas, tariff exemptions.......................................................................................5  
- Fees and charges for services rendered...................................................................................5  
- Application of internal  taxes to imports .................................................................................6  
- Quantitative import restrictions, includi ng prohibitions, quotas and licensing 
systems ........................................................................................................................ ...............6  
- Customs valuation.............................................................................................................. .......7  
- Rules of origin ................................................................................................................ ...........7  
B. EXPORT REGULATIONS .....................................................................................................8  
- Customs tariffs, fees and charges for serv ices rendered, application of internal 
taxes to exports............................................................................................................... ...........8  
- Export rest rictions ............................................................................................................ ........8  
C. INTERNAL POLICIES A FFECTING FOREIGN TRADE IN GOODS ...........................9  
- Industrial policy, including subsidies......................................................................................9  
- Technical barriers to trade, standards and certification.....................................................10  
- Sanitary and phytosanitary measures...................................................................................12  
- Trade-related investment measures ......................................................................................15  
- Free zones, special economic areas........................................................................................15  
- Agricultural policies.......................................................................................................... ......15  
V. TRADE-RELATED INTELLECTUAL  PROPERTY REGIME.......................................16  
- SUBSTANTIVE STANDARDS OF PROTECTION, INCLUDING 
PROCEDURES FOR THE ACQUISITION AND MAINTENANCE OF INTELLECTUAL PROPERTY RIGHTS ...........................................................................16
 
- Copyright and related rights..................................................................................................1 6 
- Trademarks, including  service marks...................................................................................19  
- Geographical indications, including appellations of origin.................................................19  
- Plant variety protection....................................................................................................... ...21 
- Requirements on undisclosed information, including trade secrets and test data............22  
  WT/ACC/LAO/17 
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II. ECONOMIC POLICIES 
- Investment Regime Question 1 Paragraph 24, page 9 of JOB(07)/160/Rev.1:  The report states that, "Foreign investment was 
also eligible for tax and duty exemptions or reductions according to Law No. 11/NA and Decree 
No. 301/PM, Article 34 and Annex 2. … To qualify for investment incentives in promoted sectors (Annex 2), companies were required to fulfil a minimum of three among six stipulated conditions, namely (i) hiring at least 90 per cen t of the labour force locally; (ii) using model 
technology; (iii) preserving the environment in accordance with the Law "On Environmental 
Protection"; (iv) a promoted activity compleme nting other domestic production; (v) using more 
than 50 per cent of local raw materials; and (vi) exporting 80 per cent or more of the total 
output." 
Could Lao PDR please elaborate further on the definitions of the different types of foreign 
investment eligible for tax and duty exemptions or  reductions, and the qualifications that apply? 
In particular, could you please advise whether the investment incentives mentioned above are 
limited to specific forms of business organization,  such as a joint venture between foreign and 
domestic investors, and whether ther e are any foreign equity restrictions? 
Answer:
 
The law currently in force is the Law on the Pr omotion of Foreign Investment, No. 11/NA dated 
22 October 2004.  Article 5 of the Law states that  foreign investments can be in three forms:  
(1) business cooperation by contract; (2) joint vent ure between foreign and domestic investors; and 
(3) 100 per cent foreign-owned enterprise.  All form s of foreign investment are therefore qualified for 
investment incentives as provided  for in Sections III and IV of the Decree No. 301/PM dated 
12 October 2005 on Implementation of the Law on  Promotion of Foreign Investment, except for 
construction material production business with the share of foreign investment exceeding 70 per cent 
and registered capital less than US$1 million.  See Article 22 of the Decree.   
Lao PDR is in the process of revising its investme nt laws (both on promotion of domestic and foreign 
investments) with a view to rendering investment  incentives compatible with WTO obligations and 
flexibilities for LDCs.  The draft law is under prep aration and expected to be submitted to the 
National Assembly for adoption by 2009.  
Question 2 
Paragraphs 25-26, page 9 of JOB(07)/160/Rev.1:  Lao PDR requires foreign-invested companies 
to hire at least 90 per cent of the labour force locally to ensure that FDI creates job 
opportunities.  
Would the Lao PDR Government consider loweri ng this percentage requirement in order to 
attract FDI?  
What would the Government do, for exampl e, in cases where foreign-invested companies 
experience difficulties in recruiting 90  per cent of their labour force locally? WT/ACC/LAO/17 
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Answer:
 
Lao PDR understands that there are no obligations in Annex 1A of the WTO Agreement that relate to 
granting access to Lao PDR's labour market.  Th e Law on Labour No. 06/NA of 27 December 2006, 
Article 25, provides that unskilled foreign labour is  allowed up to 10 per cent while for skilled, the 
percentage is increased to 20 pe r cent.  In case there is a need for more foreign labour, the Law 
provides the opportunity for investors to request for a higher percentage from the Prime Minister's Office.  
- State Ownership and Privatization 
Question 3 
Paragraph 28, page 10 of JOB(07)/160/Rev.1:  Ac cording to the Report, "The preferred method 
of privatization was a joint venture model in which the State retained 51 per cent ownership initially, and then reduced its share."  
We wonder whether the 51 per cent ownership retained by the State might restrict the 
privatized enterprises in their efforts to improve efficiency? 
Will foreigners at subsequent stages be able to ow n shares and take control of the privatized 
enterprises? 
Answer:
 
Since the beginning of the privatization pro cess in 1990s the Government of Lao PDR has 
progressively reduced its share in the privatised  State Owned Enterprises (SOEs):  763 of some 
800 SOEs (or 95 per cent) were liquidated, privatised or foreign-invested as part of Lao PDR's efforts 
to reform and improve efficiency.  For the remain ing 5 per cent - or 37 enterprises - the Government 
intends to retain a 51 per cent ownership in these SOEs until such time when it considers feasible to 
reduce its stake.  As the Government reduces its stake,  it is expected that foreigners will be able to 
own those stakes and the Government will consider granting control of privatized enterprises.   
Question 4 Paragraph 29, page10 of JOB(07)/160/Rev.1:  We note that Lao PDR has no plans to privatize 
the remaining 37 State-owned enterprises.  
When Lao PDR establishes its stock market in the future, will shares in these State-owned 
enterprises be released for sale?  
Would foreigners then be able to invest in the shares? Answer:
 
Partial privatization of these enterprises is under c onsideration - please see the response to Question 3.  
Lao PDR's plan to establish a securities market is un der study.  Further, among the preparatory work 
that needs to be done, it is necessary to identif y and train the responsible authorities, prepare the 
relevant laws, regulations and inst ructions, put in place the necessary  infrastructure for the exchange 
and inform potential local investors about the o pportunities and risks of a securities market.  
The criteria for companies or enterprises to be listed in the securities market has also to be prepared.  
SOEs that are profitable, having g ood governance and transparent, a nd which seek funds to meet their 
investment demands are the main target candi dates to be listed in the securities market.   WT/ACC/LAO/17 
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Foreign individuals or legal entities will be allowed to participate in the securities market in Lao PDR 
in accordance with the Decree on Securities and S ecurities Market which is under preparation, and 
other applicable laws and regulations. 
- Pricing Policies 
Question 5 
We look forward to receiving the HS number for the products listed in Table 6 of 
JOB(07)/160/Rev.1 (Price Controls or Surveillance in Lao PDR). 
When does Lao PDR expect to make this available to the WTO membership? 
Answer:  
Table 6 of the Factual Summary JOB(07)/160/Rev.1  should be split to two tables and the HS codes 
for the products are as follows: 
Table 6(a):  Price Controls in Lao PDR  
 
 HS Number Product Description Measure 
1. 2710, 2711 Fuel and gas 
2. 7213-7215 All kinds of steel for construction 
3. 2523 Cement Maximum prices 
4. 1006 Rice Minimum prices 
 
Table 6(b):  Price Surveillance in Lao PDR  
 
 HS Number Product Description Measure 
1. 3918, 4409, 6904, 6905, 6907, 6908 Roof, floor and wall tiles 
2. 7907 Roof made of zinc 
3. 4407 Sawn wood 
4. 3208-3210 All kinds of house paint  
5. 3917 PVC pipes 
6. 8701 Tractors 
7. 8413 Water pumps 
8. 8432, 8433 Harvesting or threshing machinery  
9. 31 Fertilizer 
10. 2309 Animal feed 
11. 8437 Milling machinery (of cereals and 
vegetables) 
12. 8437.80 Milling machinery (of rice) 
13. 8712 Bicycles 
14. 8711 Motorcycles 
15. NA Student clothing 
16. NA Writing tools 
17. NA Raw materials for factories 
18. 30 Medicines 
19. 1701, 1702 Sugar 
20. 2103.10.00 Soya sauce 
21. 2103.90.30 Fish sauce 
22. 2922.42.20 Monosodium glutamate 
23. 1507, 1511, 1512, 1513 Vegetable oil 
24. 1106, 1101, 1102 Flour 
25. 0201, 0202, 0203, 0207, 0209, 0210, 1602 Meat (cattle, pork and poultry) 
26. 03 Sea fish and fresh water fish Price surveillance 
Note:  NA stands for ‘not applicable'.  WT/ACC/LAO/17 
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IV. POLICIES AFFECTING TRADE IN GOODS 
- Trading Rights Question 6 We appreciate that Lao PDR is studying how to ensure its trade regime complies with WTO 
trading rights obligations.  We would like to remind Lao PDR that the GATT Article III 
requires that the imported product have access to the same channels of distribution as the like 
domestic product, with no requirements or conditions imposed on such importation unless they are also imposed on the domestic like product.   We understand that a Lao PDR product may be 
sold directly to a customer, wher eas an imported product may not be so sold because it must 
first be imported by a Lao PDR company or a foreign company with domestic presence.  
Denying a foreign (legal or natural) person the opportunity to directly import its product for a 
customer in Lao PDR without first establishing domestic presence is therefore not consistent 
with Lao PDR's trading rights obligations under the GATT 1994.  This has been consistently 
recognized in the GATT decisions on this subject. 
What changes to its legislation will Lao PDR be making to bring its regim e into compliance with 
its WTO trading rights obligations? 
Can Lao PDR please provide the current version of this legislation to the Working Party for 
review, and reference this legislation in its Legislative Action Plan?  We of course will look forward to reviewing the proposed amendment to  this legislation when it becomes available. 
Answer:
 
Presently, the Decree on Import and Export Manage ment No. 205/PM of 11 October 2001 provides 
for individuals and legal entities who have commerc ial presence in Lao PDR by virtue of the Law on 
the Promotion of Foreign Investment, No. 11/NA da ted 22 October 2004 and therefore categorized as 
investors - to engage in the import and expor t activities.  The Enterprise Law No. 11/NA dated 
9 November 2005 which also provides for the require ments for enterprise registration allows foreign 
investors who have commercial presence to engage  in import and export activities, subject to 
obtaining an investment licence.  However, in light  of comments and clarifications given by trading 
partners on the issue of trading rights, Lao PD R is undertaking consulta tions with relevant 
stakeholders.  
Question 7 
Paragraph 48 of JOB(07)/160/Rev.1:  Concernin g the "physical presence" requirement for 
foreign companies involved in export and import, Lao PDR indicates that at present, it does not 
provide for registration as importers or export ers of firms or individuals located outside the 
country, and that the issue would be subject to further study.  
Lao PDR is requested to furnish further information on this issue, in particular on how a 
foreign company or an individual can carry out export and import without establishing itself 
(making an investment) in Lao PDR? 
Answer:  
Please see the response to Question 6.  WT/ACC/LAO/17 
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A. IMPORT REGULATIONS 
- Tariff rate quotas, tariff exemptions Question 8 Question 23 of WT/ACC/LAO/16:  We request that Lao PDR please provide the HS numbers 
for all the "investment goods" that would be subject to the 1 per cent tariff.  
Does this 1 per cent tariff replace the tariff ra te noted for these particular products in 
Lao PDR's schedule?  
How do companies apply for the 1 per cent tariff?   Can foreign companies apply for the reduced 
rate? 
Answer:
 
Under the current Law on Promotion of Foreign Investment, the 1 per cent tariff (investment 
incentive) is given to investors for promoted sectors. 
The measure under Annex 2 of Decree on Implemen tation of the Law on Promotion of Foreign 
Investment does not replace tariff rate provided in  the tariff schedule of Lao PDR.  The 1 per cent 
tariff is granted when approval of the investment  is given under the Law on Promotion of Foreign 
Investment or the Law on Promotion of Domestic Investment, depending on whether the investment is 
being made in a promoted sector.  The incentive appl ies equally to domestic and foreign companies.  
As provided for in Additional Questions and Answers WT/ACC/LAO/16, "Investment goods" means 
raw materials, intermediate components and parts, ma chinery, equipment, and other materials used in 
the investment projects of production enterprises.  As the incentive is related to an investment and not 
specific goods, HS numbers cannot be assigned due to the nature of the investment goods.  
- Fees and charges for services rendered Question 9 Paragraph 54 of JOB(07)/160/Rev.1:  What steps is Lao PDR taking to reform the inspection fee 
of 0.01 per cent on imported fuels, steel bars, and cement converted to a specific rate prior to 
acceding to the WTO? 
Answer:
 
The regulation on inspection fee on fuels, steel bars a nd cement is in the final stage of being amended 
from ad valorem  to specified rate.  It is expected to be adopted by 2009.  
In addition, Lao PDR is pleased to inform that the ad valorem  inspection fees for the importation of 
food were also converted to the specified rate following the adoption of the Presidential Decree on 
Fees and Service Charges No. 03/PO dated 19 N ovember 2008, which replaced the Presidential 
Decree on Fees and Services Charges No. 02/PO dated 27 November 2002.  
Lao PDR confirms that fees and charges for services related to imports and e xports will be applied in 
conformity with the relevant provisions of the GATT 1994. WT/ACC/LAO/17 
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- Application of internal taxes to imports 
Question 10 Paragraph 58 of JOB(07)/160/Rev.1:  Could Lao PDR indicate whether the new VAT system to 
be in place by 2009 foresees a VAT refund mech anism for non-established taxable persons 
similar to the EU 13
th VAT Directive? If this is the case, please provide details concerning its 
functioning. 
Answer:  
VAT is not collected on exported products.  
Question 11 
Question 25 of WT/ACC/LAO/16:  Could Lao PDR reformulate and explain in detail the first 
paragraph of the answer concerning the application of turnover tax and VAT in different 
business turnover thresholds? 
Answer:  
In the initial phase, the implementation of the VAT will apply to enterprises with over 400 million kip 
annual turnover as these businesses have  the technical capacity to register for a VAT number and file 
tax information given the nature of businesses in Lao PDR which are dominated by small and medium 
sized enterprises.  Nevertheless, any smaller bus iness wishing to register for VAT may do so 
voluntarily.   
- Quantitative import restrictions, including prohibitions, quotas and licensing systems 
Question 12 
Questions 27-38 of WT/ACC/LAO/16:  We appla ud the work the Government of Lao PDR and 
the Ministry of Industry and Commerce are undert aking to streamline and facilitate import and 
export procedures.  We are pleased by the de cision to ensure that all import and export 
procedures are WTO compliant.  Such a system will greatly benefit Lao PDR. 
When does the Ministry of Industry and Co mmerce expect to conclude the review? 
When will the new import and export  procedures be implemented?  
When does Lao PDR intend to make this information available to the WTO?  Lao PDR is 
strongly encouraged to work with WTO Memb ers during the drafting phase to ensure the new 
procedures are WTO consistent. 
We look forward to reviewing Notification No. 1376, which Lao PDR refers to in its answer to 
Question 27 in the Questions and Replies document WT/ACC/LAO/16.  We request that Lao PDR please submit this document for Working Party review as soon as it is available.  
We note that many of Lao PDR's answers to s ubsequent Questions 29-33, 35, 37 and 38 appear 
to depend upon this revised Notification. 
Answer:
 
The draft Decree on Import Licensing Procedures is now before the Prime Minister's Office for 
adoption.  The draft incorporates key provisions of the WTO Agreement on Import Licensing  WT/ACC/LAO/17 
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Procedures, including but not limited to, general pr inciples (e.g. non-discrimination, transparency, 
right to appeal) and forms of import lic ensing (automatic and non-automatic).  
The Decree is expected to be adopt ed by 2009.  Currently, the MOIC is consulting with line ministries 
to streamline and shorten the list of goods subject to  import licensing procedures which is expected to 
be adopted by 2009 to replace the Notificati on No. 1376/MOIC.DIMEX, da ted 10 October 2006 on 
the List of Controlled Goods for Import and Export.  
- Customs valuation 
Question 13 Paragraph 67 of JOB(07)/160/Rev.1:  references Lao PDR's possible implementation of a risk 
management system "to allow use of valuation methods, other than transaction value, on 
imports specifically identified  as ‘high risk' to revenue". 
We stress that Lao PDR should focus on establishing a risk management system that allows it to 
use transaction value to the greatest extent possi ble, rather than dedicate critical resources to 
develop a system that allows/prefers the use of other valuation methods, and which would only 
be used in the short-term transition period pr ior to Lao PDR's full co mpliance with the CVA. 
While we commend Lao PDR on its submission of the CVA Action Plan, we reiterate the 
concern expressed in paragraph 68 about Lao PDR's application of minimum values and its reliance on price reference databases, as descri bed in paragraph 67 of the Factual Summary. 
Answer:
 
Lao PDR is pleased to report that, in line with  its Customs Valuation action plan (document 
WT/ACC/LAO/12/Rev.1), Article 4 of the Decr ee No. 362/PM "On the Implementation of the 
Customs Law" established a hierarchy of different methods to value goods based on the requirements 
of the Agreement on Customs Valuation.  This Decree was adopted on 19 October 2007 and has been 
submitted to the Secretariat as noted in documen t WT/ACC/LAO/16/Add.1.  Lao PDR continues to 
implement the above-mentioned action plan to im plement the CVA, whil e at the same time 
controlling for fraud.  In this context, it is worth mentioning that from 2004-2008, import duties 
represented on average over 10 per cent of the Government's revenue (see Table 1 of the Factual 
Summary document JOB(07)/160/Rev.1).  Once the ne w system is in place, the risk management 
system may need to be introduced. 
- Rules of origin 
Question 14 Paragraph 70 of JOB(07)/160/Rev.1:  L ao PDR indicates that Decree No. 362/PM 
"On Implementation of the Customs Law" had been adopted on 19 October 2007, and that a 
regulation is being prepared to elaborate further on the implementation of these provisions of the Agreement. 
Could Lao PDR inform Members of the curren t status of the implementing regulation? 
Answer:
 
Lao PDR is revising the Decree on the Management of the Use of Rules of Origin No. 97/PM dated 
8 December 1992.  The scope of draft Decree cove rs both preferential and non-preferential rules of 
origin.  It also outlines the roles and duties of th e certification issuing and receiving authorities.  The WT/ACC/LAO/17 
Page 8  
 
draft is now under discussion between the Ministry of Industry and Commerce and the Ministry of Finance.  After that it will be sent to the Ministry of Justice for comments before be forwarded to the 
Prime Minister for adoption by 2009.   
Lao PDR is pleased to inform that draft D ecree takes into account the provisions of the 
WTO Agreement on Rules of Origin in the applica tion of preferential and non-preferential rules of 
origin, in particular the requirements of Article 2( h) and Annex II paragraph 3(d) of the Agreement.  
B. EXPORT REGULATIONS 
- Customs tariffs, fees and charges for services rendered, application of internal taxes to 
exports 
Question 15 
Paragraph 74 of JOB(07)/160/Rev.1:  Lao PDR indicates that export duties are collected for 
revenue purposes and that it has no plans, at  present, to phase out the remaining duties. 
Could Lao PDR confirm that it is committed not to apply export duties on products which are 
not included in Table 10 of JOB(07)/160/Rev.1?  
Furthermore, it seems that Lao PDR's interest of  maximising revenue collection would be best 
served by reducing the high export taxes levied on a few products where the current rates are 
very high.  
Answer:
 
Given their significance to the Government revenue, Lao PDR at present needs to continue to avail 
itself of these measures.  
- Export restrictions 
Question 16 
Paragraphs 75-77 of JOB(07)/160/Rev.1:  Lao PDR i ndicates that the lists of export prohibitions 
and licensing continues to be under review and wo uld be revised with a view to reducing or 
adding precision to the export controls applied by Lao PDR. 
Could Lao PDR indicate any timeline for revising its licensing system? We would also suggest 
Lao PDR to add this area to the legislative action plan. 
Finally, Lao PDR justifies the export prohibition on logs on the grounds of them being 
exhaustible natural resources requiring conser vation. Lao PDR is requested to provide 
information on whether there are comparable domestic restrictions to protect forests. 
Answer:  
Please see the responses to Question 12 with rega rd to updating the list of goods subject to import 
and/or export licenses or prohibitions.  With respect  to logs from natural forests, Lao PDR confirms 
that these measures are applied in a non-discriminat ory fashion.  Please note that logs from farmed 
plantations are allowed for export.   WT/ACC/LAO/17 
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C. INTERNAL POLICIES AFFECTING FOREIGN TRADE IN GOODS 
- Industrial policy, including subsidies Question 17 Paragraph 81 of JOB(07)/160/Rev.1:  We requ est that Lao PDR please provide additional 
information regarding the "Industrial Zones" being planned by provincial authorities. 
What would be the eligibility requirements for enterprises to operate in these zones, and what 
types of incentives are being envisi oned for operating in these zones? 
Answer:
 
As part of Lao PDR's economic development and modernisation pl an, the Government has set up a 
Committee under the Prime Minister's Office to look into the question of industrial policy 
rationalization, including possible industrial zones.   As this policy is still being formulated, the 
specific information requested has not yet been ela borated.  However, Lao PDR will ensure that the 
policies adopted regarding any provincial indus trial zones are in conformity with the WTO 
Agreement. 
Question 18 
Paragraph 84 of JOB(07)/160/Rev.1:  We apprec iate Lao PDR's efforts to comply with the 
notification obligations under Article 25 of the SCM Agreement.  We would like to reiterate that the flexibilities granted to LDCs under Article 27  of the SCM Agreement do not at this time 
extend to incentive programmes contingent on local content. 
We request a commitment by Lao PDR to elim inate such incentive programmes upon accession. 
Answer:
 
At present, incentive programmes with the optional cr iteria of local content are available to foreign 
investors under the Decree of the Prime Minister No. 301/NA, dated 12 October 2005 on the Implementation of the Law on Promotion of Foreig n Investment Implementing, Decree on Border 
Zones (Boten and Dansavanh Village - Decree No. 25/PM "On Dansavanh Village Border Trade 
Zone" of 25 March 2002; Decree No. 162/PM "On Border Trade Zone at Boten, Louangnamtha 
Province" of 8 October 2002) and a Special Econom ic Zone (Savan-Seno - Decree No. 177/PM "On 
the Management Regulations and Incentive Polic ies Regarding the Savan-Seno Special Economic 
Zone" of 13 November 2003).  The Government has set up a Committee under the Prime Minister's 
Office to propose alternative measures to promot e Lao PDR's industrial policy.  As the measures 
referred to exist, a transitional period may be needed.  
Question 19 
Paragraph 84 of JOB(07)/160/Rev.1:  We would reiterate our request for Lao PDR to identify 
all local content subsidies and provide an action  plan for their gradual elimination. Lao PDR 
should also prepare a notification on all its subsidies to the WTO Subsidies Committee. 
Answer:
 
Lao PDR is studying this issue at the level of th e Prime Minster's Office.  Please see the response to 
Question 18.  WT/ACC/LAO/17 
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- Technical barriers to trade, standards and certification 
Question 20 We note that the sections of the Questions and Replies document concerning TBT and SPS, as 
well as the revised checklists, indicate that additional information and new legislation and 
regulations are currently being promulgated or deve loped.  We look forward to reviewing this 
information when it is available. 
Answer:
 
On food safety, the Food Law No. 04/NA was adopted in 2004 and the National Policy on Food 
Safety No. 028/PM on 3 February 2009.  The poli cy reiterates that Lao PDR standards adhere to 
standards, guidelines and recommendations developed by the relevant international organizations, 
including Codex Alimentarius, IPPC and OIE, as well as comply with the SPS and TBT Agreements.  
In addition, the key components of the policy in clude implementation of food safety through laws, 
regulations and standards; use of science-based risk  assessment; adoption of an Integrated Food Chain 
Approach; promotion of greater international cooperati on in the area of food safety; and strengthening 
human and institutional capacities.  The Regulati on on the Basic Principles in the Application of 
Sanitary and Technical Measures for Food Safety Mana gement was adopted by the Ministry of Public 
Health in March 2009.  All the basic principles of the SPS and TBT Agreements such as necessity, 
non discrimination, transparency, science-based risk assessment, and equivalence are included in this 
regulation.  
The other relevant legislations in the pipeline include: - Regulation on Labelling of Pre-packaged Food; and 
- Regulation on Food Inspection. 
Please see timeline in the revised SPS Action Plan (WT/ACC/LAO/13/Rev.2).  These policy, law and regulation have been prep ared with expert inputs and comments including 
recommendations from legal experts of the WHO and FAO, and practices of neighbouring countries.  
On animal and plant health, Lao PDR has adopt ed the Livestock Production and Veterinary Law 
No. 03/NA, dated 25 July 2008 and the Plant Prot ection and Quarantine Law in December 2008.  
They have been prepared with expert input s and comments including recommendations from legal 
experts of the FAO and practices of neighbouring countries.  The law provides for consistency with 
the requirements of international standard setti ng bodies of which Lao PDR is a contracting party 
(OIE and IPPC).  
The other related legislations in the pipeline include: 
- Law on Fisheries; 
- Decree on Meat Inspection; - Decree on Animal Epidemic Diseases; - Decree on Livestock Production Management; - Decree on Animal Quarantine; 
- Decree on Zoonotic Diseases Control; 
- Regulation on Plant Quarantine; and - Regulation on Plant Inspection and Certification. 
Please see timeline in the revised SPS Action Plan (WT/ACC/LAO/13/Rev.2).   WT/ACC/LAO/17 
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On TBT, the Standardization Law No. 13/NA date d 26 December 2007 (erroneously translated in 
previous documents as "Standards Law") was adopted and a translation is provided in 
WT/ACC/LAO/16/Add.2. The Law covers standard s, technical regulations and conformity 
assessment.  Other legislation is under preparation.  See progress in the revised TBT Action Plan (WT/ACC/LAO/14/Rev.2).  
Question 21 As a general question we would like to ask for a clarification concerning Lao PDR's 
understanding of the meaning of "standards".  According to the TBT Agreement, compliance 
with standards is voluntary - hence there should be no legal requirement to prove compliance with such standards.  However, from its an swers, it appears that Lao PDR believes that 
compliance with standards has to be proven. 
Answer:
 
Article 20 of the Law on Standardization No. 13 /NA dated 26 December 2007 provides that all 
standards are voluntary unless specifically indicated  in the relevant regulations determined as 
mandatory.  Mandatory requirements aim at prot ecting environment or safety, sanitary, health, 
national defence, or public order. 
Question 22 
Paragraph 86 of JOB(07)/160/Rev.1:  Lao PDR refers to the new Standards Law.  As its name is 
a bit confusing, we would request more information on the actual coverage and structure of this 
law.  Is it a framework law for adoption of standards, as well as technical regulations and conformity assessment procedures?  
We would also request information on the curr ent state of play regarding the Standards Law -
has it entered into force and if not, when w ill this happen? Furthermore, we would like to 
reinstate the question regarding the availabili ty of the Standards law for review by the 
Working Party. 
Furthermore, we would be interested to know wh at happens to regulations adopted before the 
entry into force of the Standards Law which are non-compliant with the provisions of the 
TBT Agreement.  Will these regulations be repealed/replaced? What would be the timeframe for this? 
Answer:
 
The Standardization Law No. 13/NA dated 26 Decemb er 2007, (erroneously translated in previous 
documents as "Standards Law") covers standards, technical regulations and conformity assessment 
procedures.  Article 8, provides for the scope of th e Law which mentions that this law applies to the 
activities relating to standardizations, such as form ulating, promulgating, a nd implementing standards 
and technical regulations in the areas of the production, business trade, services, processes, 
environment, and other matters re lated to standardizations.  The Law is composed of 11 parts and 
103 Articles.  Key provisions of the Law related to TB T Agreement are:  Part II on types of standards, 
Part III on standards and technical regulations, Pa rt V on conformity to standards and technical 
regulations, Part VI management system and testing system, and Part VII accreditation and 
certification.  Lao PDR confirms that the Law on St andardization is a legal framework with the scope 
to cover standards (Part III - Articles 19 and 21), technical regulations (Part III - Articles 28 and 29) 
and conformity assessment (Part V).   WT/ACC/LAO/17 
Page 12  
 
The Decree implementing the Law on Standardization is under prepar ation as provided for in the 
revised LAP and TBT action plans (WT/ACC/LAO/9/Rev.3 and WT/ACC/LAO/14/Rev.2).  Once the implementing Decree is adopted, all other regulati ons on standards and relate d matters that are in 
conflict with the Law on Standard ization and its implementing Decr ee will be replaced or annulled. 
The Law on Standardization was provided to the WTO Secretariat as per the document 
WT/ACC/LAO/16/Add.2.  
References in the Factual Summary to "Standa rds Law" should read "Standardization Law". 
Question 23 
Question 54 of WT/ACC/LAO/16:  Lao PDR states that it "recognized the results of conformity 
assessment conducted by the relev ant bodies in exporting countries if similar to Lao PDR 
standards, including for construction materials, textiles and chemicals".  
We would be interested to know how this simila rity of standards is established (equivalence of 
legislation, reference to an international stan dard etc.).  Furthermore, does Lao PDR already 
apply this principle of equivalence in the mentioned sectors (construction materials, textiles, chemicals)? If so, could Lao PDR provide some examples of how this equivalence is established? 
Answer:
 
Lao PDR National Standards are mostly referred to international standards a nd Lao PDR is a member 
of International Organization for Standardiza tion (ISO) and International Electrotechnical 
Commission (IEC).  Goods which meet internationa l standards are cleared for import.  However, 
currently Lao PDR does not have the laws or regulati ons to establish similarity of standards; and the 
principle of equivalence is still in the process of in corporation into Lao PDR national regulations.  For 
example, on food safety the equivalence principle is provided for in Article 12 of Ministerial 
Regulation on the Basic Principles in the Applica tion of Sanitary and Technical Measures for the 
Food Safety Management, No. 518/MOH, dated 18 Ma rch 2009.  This Article says that "Lao PDR 
recognizes the standards of countries that have laws  and regulations adopting the standards of Codex 
Alimentarius.  In case the product fails to meet  such standards, it can be rejected".  
In order to ensure Lao PDR' legal system fully  complies with the principle or equivalence and 
implements safety as well as other legal policy objectives, NAST is in the process of preparing the draft the Decree implementing the Law on Standa rdization with the assistance of international 
partners as indicated in TBT Action Plan (WT/ACC/LAO/14/Rev.2). 
The Standardization Law covers th e adoption of standards, as well  as technical regulations and 
conformity assessment procedures.  Pursuant to this  law the related competent authorities are to create 
the legislation to cover the establishment of sim ilarity of standards to be in compliance with 
SPS Agreement Article 4 and TBT Agre ement Article 2 paragraph 7.  
- Sanitary and phytosanitary measures 
Question 24 Regarding the Lao PDR's response to Question 60 of WT/ACC/LAO/16 (reference Question 87 
of WT/ACC/LAO/11), we respectfully seek clarification regarding the relationships between 
ASEAN and international standards such as OIE, Codex and IPPC.  We note that in 
paragraph 86 of the Factual Summary (JOB ( 07)/160), page 29 that was referenced, the 
Lao PDR states that it participates in re gional harmonization programmes of ASEAN 
SPS Measures.  WT/ACC/LAO/17 
 Page 13 
 
 
As such, we respectfully request for Lao P DR to identify and explain these regional 
harmonization programmes of ASEAN SPS measures it is participating in.  
We also seek clarification as to how these ASEAN SPS measures are similar or different to 
international standards such as Codex, OIE a nd IPPC.  Further, we respectfully request for a 
copy of these said ASEAN SPS meas ures harmonization programmes.  
Answer:  
Some confusion might have arisen from pa ragraph 86 of JOB(07)/160 (paragraph 91 in 
JOB(07)/160/Rev.1) because the first two sentences ar e not related to the third, and the two issues 
could be separated into separate paragraphs.  Para graph 91 of JOB(07)/160/Rev.1 correctly notes that 
Lao PDR is "a member of the WHO Codex Alimen tarius Commission, the International Office of 
Epizootics, and the International Plant Protection Convention.  The SPS regula tions and standards of 
Lao PDR were based on the relevant internationa l standards, guidelines a nd recommendations."  As 
noted in paragraph 96, Lao PDR is continuing the process of elaborating the regulations to modernise 
its SPS system.  
The ASEAN programme is a related but separate issue.  ASEAN countries individually adopted 
international standards of IPPC, OIE and Codex Alimentarius.  ASEAN members are developing 
a harmonization framework for phytosanitary proce dures comprising ten agricultural products at the 
outset and applicable to ASEAN members only.  Work on a phytosanitary certification management 
system is completed.  So far, ASEAN countri es have concentrated mainly on exchanging legal 
normative documents, results of scientific studies relating to the phytosanitary area, and have 
developed a pest list on some major crops for condu cting risk assessment.  In Lao PDR's view, the 
ASEAN harmonization framework is in line with the rules of the WTO SPS Agreement.   
Question 25 
We seek clarification regarding the differen ce between the Lao PDR's 2004 and 2005 Draft 
Food Laws.   
Is the Lao PDR redrafting or revising 2004 or th e 2005 Draft Food Law wh ich was referenced in 
paragraph 86 of WT/ACC/LAO/16, page 29?   
Answer:  
There was confusion on the Food Law.  Lao PDR has only one Food Law No. 04/NA of 15 May 2004 
which was referenced to in paragraph 92 of the Factual Summary (JOB(07)/160/Rev.1).  Hence, the 
reference to a "Food Law 2005" is erroneous.   
Question 26 
On the Lao PDR's response on Question 63 of WT/ACC/LAO/16 regarding its reply on the type 
of training that it requires: 
Please identify and explain in detail what is referr ed to as the "field visits on the SPS Agreement 
and its implications on national practices on food safety." 
Answer:  
Field visit refers to study tours of health offici als to other WTO Member countries on how they adopt 
legislations to implement the SPS Agreement, establish SPS enquiry points and notification points 
and coordination mechanism. WT/ACC/LAO/17 
Page 14  
 
Question 27 
On the Lao PDR's response to Question 64 of WT/ACC/LAO/16 with respect to paragraph 89 
of the Factual Summary: 
Will each line ministry assign specific personnel to  be the main contact/s or liaison officer/s to 
the SPS/TBT Enquiry Points housed under the Nati onal Science and Technology Authority and 
the Ministry of Industry and Comm erce to fulfil their tasks?   
Answer:
 
Lao PDR plans to house the SPS Enquiry Point at th e Ministry of Agriculture and Forestry (MAF) 
while the TBT Enquiry Point at the National Authority for Science and Technology (NAST).  The Ministry of Industry and Commerce (MOIC) w ill be responsible for SPS and TBT notification 
point.  As SPS and TBT measures may not only concern the NAST and MAF the Decree currently 
being drafted will formally designate contacts at othe r relevant ministries such as Ministry of Health 
(MOH).   
The Decree for establishing SPS and TBT Enquiry Points and notification points are under 
preparation and will be adopted by 2010. 
Question 28 With respect to the Legislative Action Plan (WT/ACC/LAO/9/Rev.2), No. 13 on Regulation on 
the Establishment of SPS/TBT Enquiry Point: 
Does the Lao PDR plan to establish a separate or joint online database on SPS measures with 
the planned online database on TBT measures?   
If separate, how does the Lao PDR envision coordination of dually-notified TBT and 
SPS measures that are managed respectively by the TBT Enquiry Point in the Foreign Trade 
Policy Department of Ministry of Industry and Commerce and the Enquiry Point in the 
Department of Intellectual Property Standardizat ion and Metrology of the National Science and 
Technology Authority? 
Answer:
 
The online databases on SPS and TBT measures are yet to be established.  Lao PDR is studying and 
drafting Decree for establishment of SPS/TBT enqui ry and notification points and looking for 
technical assistance to support this initiative.  See also the response to Question 27. 
Question 29 
With respect to the SPS Action Plan (WT/ACC/ LAO/13/Rev.1) - To facilitate the Lao PDR's 
compliance with the application of the transpa rency provisions of the WTO SPS Agreement, we 
respectfully encourage the Lao PDR to include in this action plan the corresponding timelines 
for the establishment of the regulations on th e SPS/TBT notification point and the SPS/TBT 
Enquiry Points. 
Answer:  
See the response to Question 27 with respect to the timeline on the Decree to establish the SPS/TBT 
notification point and the SPS/TBT Enquiry Point.  See also the revised Legislative Action Plan  WT/ACC/LAO/17 
 Page 15 
 
 
(WT/ACC/LAO/9/Rev.3) and Action Plans on SPS and TBT (WT/ACC/LAO/13/Rev.2 and 
WT/ACC/LAO/14/Rev.2). 
- Trade-related investment measures 
Question 30 Paragraphs 26, 100, 104 and 105 of JOB(07)/ 160/Rev.1:  we would like to note that, 
notwithstanding the provisions available to L DCs under TRIMs, the SC M Agreement does not 
provide for any transitional measures for incen tive programmes contingent on local content 
and, therefore, would appreciate a commitment by Lao PDR to eliminate such incentive programmes upon accession. 
Answer:
 
Please see the responses to Questions 18 and 19. 
Question 31 
Paragraph 100 of JOB(07)/160/Rev.1 and the reply to Question 1 of WT/ACC/LAO/16:  We 
note the interest of Lao PDR in availing itself of limited transition periods to phase out incompatible TRIMs.   
What progress has been made in creating a comprehen sive list of existing incompatible TRIMs?   
We request that Lao PDR please submit such a list along with an action plan for phase out. 
Answer:
 
See the responses to Questions 18 and 19.  In addition, Lao PDR is seeking technical assistance from 
development partners in this respect. 
- Free zones, special economic areas 
Question 32 Paragraph 104 of JOB(07)/160/Rev.1:  We not e that goods produced in the SEZs and FEZs are not 
subject to normal import duties when they enter th e domestic market of Lao PDR, but reduced duties 
based on the percentage of the local contents used. 
We request Lao PDR to remove this differentiated treatment of imported goods and goods 
produced in FEZs, and to apply normal impo rt duties without any reductions also to goods 
produced in FEZs.  
Answer:
 
Lao PDR is in the process of reviewing these decrees  to ensure compliance with WTO principles with 
respect to the differential treatment of importe d goods and goods produced  in SEZs and FEZs.  
- Agricultural policies 
Question 33 
Regarding the response to Question 80 of WT/ACC/LAO/16, it would appear that one role of 
the State-owned enterprise is to buy farm products in times of excess production in order to WT/ACC/LAO/17 
Page 16  
 
stabilize prices to producers.  If this is the case, then the STE would appear to be providing 
market price support, irrespective of whether Gov ernment funding is involved.  In this event, 
the amount of market price support should be  calculated for the affected commodities and 
reported in Table DS:5.  
Please confirm if this understanding is correct , and if so, please report this information in 
Table DS:5.  
Answer:
 
There is no market price support as indicat ed ‘NIL' in Table DS:5 of document 
WT/ACC/SPEC/LAO/1/Rev.1.  
Question 34 
Questions/Comments on WT/ACC/SPEC/LAO/1/R ev.1:  Regarding Domestic Support and 
Export Subsidies in the Agricultural Sector  Supporting Table DS:2, we respectfully seek 
clarification on measure type (a). 
In particular, what is the nature of these in vestment and operating credits, and are the 
operating credits for short term operating expenses?  
Answer:  
Under Supporting Table DS:2, the credits at lower than normal  market interest rates are generally 
available to low-income and resource-poor farm ers and groups of farmers for their purchases of 
agricultural inputs and equipment designed to promot e rural and agriculture.  These short term credits 
are available only to low-income farmers in the co untry's poorest districts.  They are provided given 
the significant contribution of the agricultural sector  to the development of these poor districts in 
terms of employment and people's livelihoods.  In Lao PDR's view, the measure is implemented in 
accordance with Article 6.2 of the Agreement on Agriculture.  
V. TRADE-RELATED INTELLECTUAL PROPERTY REGIME 
- SUBSTANTIVE STANDARDS OF PROTECTION, INCLUDING PROCEDURES 
FOR THE ACQUISITION AN D MAINTENANCE OF INTELLECTUAL PROPERTY 
RIGHTS 
- Copyright and related rights Question 35 Paragraph 126 of JOB(07)/160/Rev.1:  This provi des that the new Intellectual Property Law 
including copyright and related rights will be supplemented by implementing regulations and 
decrees. 
What is the projected timeline for a draft of the implementing regulations and decrees to be 
made available for review by Member countries? 
Answer:
 
The timeline for the adoption of the implementing decrees and regulations of Intellectual Property 
Law is during 2011-2012.  See also the revised Le gislative Action Plan (WT/ACC/LAO/9/Rev.3) and 
the revised TRIPS Action Plan (WT/ACC/LAO/15/Rev.2).   WT/ACC/LAO/17 
 Page 17 
 
 
Question 36 
Paragraph 126 of JOB(07)/160/Rev.1:  This refer s to the establishment by 2010 of a "copyright 
and related rights information centre".  
What will be the functions and responsibilities of the centre? 
Answer:  
Information on copyrights and related rights will be av ailable through the Copyright Division and will 
be housed under the Department of Intellectual Property.  
The main functions of the centre are: - Drafting legislations for copyri ghts and related rights management; 
- Notification of copyrights and related rights information; 
- Establishment of copyrights and rela ted rights information database; and 
- Acting as a forum for receiving complaints on copyrights and related rights and mediate to 
address the complaints. 
Question 37 
Article 81 of the new Intellectual Property Law states (in English version):  "The copyright or 
related rights notification does determine the rights of the applicant." 
Please clarify whether the notification does or  does not determine the applicant's rights. 
Answer:
 
Please note that the Government of Lao PDR, at th e time this question was asked, had not provided 
the WTO Secretariat with its official version of  the Law on Intellectual Property in English.  
Therefore, most of the questions under the IPR section below appear to have arisen from an 
improperly translated unofficial copy of the said Law. 
The last sentence of Article 81 of the Intellectual Property Law No. 08/NA dated 24 December 2007 
should read: "The copyrights and related rights no tification does not determine the rights of the 
applicant".  
In addition, Article  79 (Notification of Copyrights or Rela ted Rights) provides that copyrights or 
related rights are the rights which are automatically gr anted when the work is created.  Registration is 
not required, but the work can be recorded with th e organizations responsible for such activities to be 
used as evidence or for information purposes, especially in the event of an infringement or a dispute.  
This is in compliance with the TRIPS Agreemen t and the Berne Convention which does not require 
the registration of copyrights and related rights. 
Application form and supporting documentations ar e provided in Article 80 (Copyrights or Related 
Rights Notification Documentations).  
Question 38 
Article 83(4) of the new Intellectual Property Law provides that one of the categories of 
"copyright owner" is "the owner of the tr aditional art and literature, namely the local 
community."  Article 3(25) provides that "copyr ight" means a work "which is created by the 
author".  WT/ACC/LAO/17 
Page 18  
 
What "works" within "traditional art and litera ture" are eligible for copyright protection?  
Who is considered the "author" of these works?  How is the term of copyright protection determined for these works under Article 93? 
Answer:
 
The "works" within "Traditional art and literature" which are eligible for copyright protection are 
provided for in Article 87 of the Law on Intell ectual Property No. 08/NA dated 24 December 2007. 
Article 87 (Copyright over Traditiona l Art and Literature) provides that  traditional art and literature 
are local or group traditional compilations of creations  which reveal the way of life of the community, 
whereby the performance is culturally and socially  consistent and transmitted orally through the 
generations or copied or made similar, such as: 
- Local stories, poems, maxims, proverbs; 
- Local songs, dances, music; - Traditional dance, games, rites and competitions; and - Musical instruments, paintings, drawings, sculp tures, architectural designs which have been 
created using local materials and equipment. 
Individuals or entities which use works of traditional art and literature must protect the source of the 
traditional performance and preserve its original va lues.  It involves moral rights not commercial 
rights.  
This Article only refers to cultural pe rformances without a commercial purpose. 
The local community is considered  the "author" of these works.   
The term of protection for these works is not determined.  See also Article 93 of the Law on 
Intellectual Property regarding the term of  copyright and related rights protection. 
Question 39 
Article 95(1) refers to "use of works circulated by sound-image broadcasters to make sponsored 
sound-image broadcasts."  
What are "sponsored sound-image broadcasts"?  
Answer:
 
"Sponsored sound image broadcasts" should be co rrectly translated as "Broadcasting programmes 
with sponsorship".  
For the better understanding of Members, the provi sions of "Limitations on copyrights subject to 
compensation" under Article 95 of the Intellectua l Property Law No. 08/NA dated 24 December 2007 
are elaborated below: 
- The use of published works without obtaining permission but paying royalties or 
remuneration include broadcasti ng organizations using published works for the purpose of 
carrying out broadcasting programmes with spons orship shall not be liable for obtaining 
permission from, but shall be liable to pay royal ties or remunerations to the copyright owner.   WT/ACC/LAO/17 
 Page 19 
 
 
Question 40 
Article 97(1)(1.1) refers to "use of sound-image r ecordings circulated directly or indirectly for 
commercial benefit aiming to make a sponsored sound-image broadcast".  
Please provide an illustration of this provision in which such use would not be subject to 
approval, but subject to compensation. 
Answer:  
For the better understanding of Members, the provisi ons of "Limitation on related rights subject to 
compensation" under Article 97 of the Intellectua l Property Law No. 08/NA dated 24 December 2007 
are elaborated below: 
"1. Individuals or entities using related right s in the following cases shall not be liable for 
obtaining permission from, but shall be liable to pay royalties or remunerations as agreed to, 
the authors, copyright owners, performers , sound/video recordings and broadcasting 
organizations: 
 1.1 Directly or indirectly using a pub lished sound/video recording for commercial 
purpose in order to carry out broadcasting programmes with sponsorship. 
 1.2 Using a published sound/video recording in their business and commercial activities." 
Question 41 
Article 97(1)(1.2) refers to "use of circulated sound-image recordings in the operation of 
business and for commerce".  
Please provide an illustration of this provision in which such use would not be subject to 
approval, but subject to compensation. 
Answer:  
Please see the response to Question 40, cited at Article 97(1)(b). 
- Trademarks, including service marks 
- Geographical indications, including appellations of origin Question 42 
Questions Regarding Geographical Indications (GIs) and Decree of the President on the 
Promulgation of the Intellectual Property Law (the Decree): 
Article 25(3) of the Decree bars registration of GIs that are the same as or similar to, protected 
trademarks, if the use "leads to misunderstanding  as to the origin of the said goods."    
Pursuant to the "misunderstanding" provision of that Article, is it the case that a GI would not 
be registered if the reputation of another party's trademark is such that use of the GI would 
mislead the consumer as to the origin ("true identity") of the goods?  
Conversely, if use of the GI would not mislead th e consumer with respect to true identity, would 
the GI be registered? WT/ACC/LAO/17 
Page 20  
 
Answer:
 
A GI would not be registered if the reputation of a nother party's trademark is such that the use of GI 
would mislead the consumer as to the origin ("true identity") of the goods. 
If use of the GI would not mislead the consumer wi th respect to the true identity the GI would be 
registered.  
Question 43 Article 100(1.6) bars the owner of a GI from prev enting use of a similar trademark, "where the 
trademark became protected before the date of th e filing of the GI application for registration."  
We glean from that the Decree allows for co-e xistence.  We note that TRIPS Article 16.1 
obligates Members to grant protection to owners of all trademarks.   
Is Article 100(1.6) consistent with th e requirements of TRIPS Article 16.1? 
Answer:
 
Please also see the response to Questions 42.  Lao PDR confirms that the Law on Intellectual Property 
No. 08/NA dated 24 December 2007 is consistent with the requirements of TRIPS Article 16.1.   
Article 100(1.6), as correctly translated, should be un derstood as:  Using a trademark identical with or 
similar to a protected geographical indication if su ch mark has acquired the protection in a truthful 
manner before the date of filing of a registrati on application for such geographical indication. 
Question 44 
Article 25(3) of the Decree bars registration of foreign GIs that are "not protected," presumably 
in the foreign jurisdiction.  
Would registration be refused if the GI is "not protected" but is nevertheless recognized as a GI 
in Lao PDR? 
Answer:  
Foreign GIs that are not protected in the forei gn jurisdiction cannot be registered in Lao PDR 
regardless of whether they are recognized as GIs in Lao PDR or not.  See Article 25(2) of the Intellectual Property Law No. 08/NA dated 24 December  2007.  This article is in conformity with 
Article 24.9 of the TRIPS Agreement. 
Question 45 
Article 51 of the Decree provides that the term of a GI registration is permanent.  Do third parties have a right to seek cancellation of a GI registration? 
Answer:
 
Lao PDR confirms that third parties have the right  to seek cancellation of a GI registration if the 
registration has been made in bad faith (meaning the criteria for the GI are not respected).  See also 
Articles 57, 115, 116 and 117 of the Intellectual Property Law No. 08/NA dated 24 December 2007.   WT/ACC/LAO/17 
 Page 21 
 
 
Question 46 
Article 19 of the Decree requires that a GI certificate will not be issued unless, among other 
conditions, there is "recognition, conscience and the experience of the manufacturer and original, local manufacturing processes."  
Does "recognition" refer to knowledge of th e GI, and if so, among which consumers? 
Answer:
 
The section of Article 19(2) should read: "…reputa tion, skill and experience of the producer and 
production method…" 
There is no exact Lao PDR term for "reputation" but this is the meaning that is sought to be captured 
in the Intellectual Property Law No. 08/NA dated 24 December 2007.   
Question 47 Article 23(6) of the Decree bars the registration of  trademarks that "are the same as, or similar 
to "trademarks of any products [and] goods or services already registered."   
Would registration be denied even in cases in wh ich the mark for which registration is sought, 
although similar to a registered trademark, is used on goods that are not similar to the goods 
associated with the registered mark? 
Answer:
 
The registration will be denied even though the mark that is sought for registration is used on goods 
that are not similar to the goods associated with the registered mark, unless the new registration is 
sought by the owner of the registered mark.  Artic le 108 of the Intellectual Property Law No. 08/NA 
dated 24 December 2007 also provides more clarification on this.  
Question 48 How is the Lao PDR Trademark register made pub lic for purposes of notice and cancellation?  
Answer:
 
The Lao PDR's trademark register is made public thr ough the official gazette (Article 38, Intellectual 
Property Law No. 08/NA dated 24 December 2007).  
- Plant variety protection Question 49 Articles 60-73 of the Draft Law on Intellectual Property relating to protection of plant varieties 
are not consistent with the International Union for the Protection of New Varieties of Plants 
(UPOV) convention.   
Will Lao PDR consider becoming a UPOV member? 
Answer:
 
Lao PDR understands that the TRIPS Agreem ent does not require membership of the 
UPOV Convention and will focus its limited capaci ties on implementing TRIPS requirements.  WT/ACC/LAO/17 
Page 22  
 
- Requirements on undisclosed information,  including trade secrets and test data 
Question 50 TRIPS Article 39 requires "Members shall protec t undisclosed information in accordance with 
paragraph 2 and data submitted to Governments or Governmental agencies in accordance with 
paragraph 3."   
Does Lao PDR have legislation that is consistent with TRIPS Articles 39.1-3? Answer:
 
The provisions that provide protection for undisclosed  information or trade secrets are contained in 
Articles 20, 101, 107, and 111 of the Law on Intellectual Property No. 08/NA dated 
24 December 2007. 
__________