| The
basis for trademark protection in the Lao PDR is the
Prime Minister's
Decree on Trademark Registration (*), No.
06/PM, January 18, 1995.
DISM and
other government agencies rely on the authority granted by this decree
to proceed with protection and enforcement measures.
These
measures consist of :
- Administrative
Measures
Claims and disputes can be resolved by mediation through the Department
Of Intellectual Property, Standardisation & Metrology (DISM) or
the Economic Arbitration Committee.
- Judicial
Procedures
Judicial
Procedures for Intellectual Property Protection can involve both the Civil
Code and the Penal Code.
Civil Code
:
The Ownership
Law of 1990 gives broad protection to individuals who can prove ownership
of a disputed item.
Chapter VII, stipulating the protection of ownership, includes 13 articles
and allows the legal owner to lodge cases with the courts.
e.g.
Article 56
The Protection of Property
The property owner has the rights to take necessary steps or measures
towards the violators to rehabilitate and to compensate the right owner.
Article 64
Lawsuit for Compensation
If any individual causes damage or loss to the property of others, the
owner of the property has the right to sue the violator and claim for
relevant compensation.
The Penal
Code :
The Penal
code allows for the expropriation of all illegal goods from a guilty individual
and for the levying of fines of up to three times the value of each item.
The following
articles can be applied to all lawsuits and cases regarding violation
of Intellectual Property Rights:
Article
111 Swindling of Citizen's Properties
Any individual using whatever swindling method to illegally acquire another's
properties is liable to punishment by three months to two years of imprisonment.
Article 134
Selling Illegal Products
In terms of selling illegal products, he/she is liable to punishment by
three months to two years of imprisonment and by fines in accordance with
the Customs Law and regulations.
Enforcement Agencies for Intellectual Property in the Lao PDR
Department
of Intellectual Property, Standardisation & Metrology
Science, Technology & Environment Agency
Nahaidiao Street
P.O. Box 2279
Vientiane, Lao PDR
Tel. (856 21) 213470
Fax. (856 21) 213472
Department
of Judiciary Administration
Ministry of Justice
Lane Xang Avenue
Vientiane, Lao PDR
Tel. (856 21) 412054
Fax. (856 21) 414102
Economic
Arbitration Organisation
Ministry of Justice
Lane Xang Avenue
Vientiane, Lao PDR
Tel. (856 21) 412051
Department
of Criminal Police, Economic Division
Ministry of Interior
Samsenthai Road
Vientiane, Lao PDR
Tel. (856 21) 212529
Public Prosecutors General Office
Simuang Place
Vientiane, Lao PDR
Tel. (856 21) 214518
Department
of Customs
Ministry of Finance
Lane Xang Avenue
Vientiane, Lao PDR
Tel. (856 21) 217452
Fax. (856 21) 217451
(*)
Click
here to download the Decree on
Trademark Registration (english and lao version).
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