New Rules on Submission of Original Documents for Intellectual Property Procedures in Laos

New Rules on Submission of Original Documents for Intellectual Property Procedures in Laos

Vientiane, Laos – On 22 February 2025, the Laos Department of Intellectual Property (DIP) issued Notice No. 198/DIP (signed on behalf of the Director of DIP by Bunsa Chanming) in relation to changes to the requirements for original documents for intellectual property (IP) procedures in Laos.

 

Notice No. 198/DIP

Under Notice No. 198/DIP, in order to facilitate and streamline the process of filing applications for registration of trademarks, patents, petty patents and industrial designs through the IP registration service representative/agent, the following new rules will be applicable.

  1. IP registration service representative/agent can provide original Power of Attorney and additional documents online (E-Filing) Electronic format without the need to send the original documents to DIP. The agent shall be responsible for keeping the original documents and be responsible under the laws of the Lao PDR in all cases.
  2. In case of having doubts regarding the original and additional documents submitted, DIP may request the agent to provide the said original documents to DIP for verification.

In light of the above, DIP no longer requires original documents, such as Power of Attorney sheets, Deeds of Substitution, Declarations of Change, Certificates, etc. for IP filings and related procedures. However, DIP reserves the right to request original documents if there are concerns regarding their authenticity.

The said Notice has been effective from the date of signature, 22 February 2025, and all other notices that conflict with the Notice have been repealed.

 

Laos Department of Intellectual Property (DIP)

DIP is a governmental body responsible for the administration, protection, and enforcement of intellectual property (IP) rights within Laos. Its main tasks include managing patents, trademarks, copyrights, industrial designs, and other forms of intellectual property.

Here are some of the key roles of DIP:

  1. Patent Registration: DIP oversees the registration of patents to protect new inventions or innovations within Laos.
  2. Trademark Registration: The department manages the registration of trademarks, which helps businesses protect their brands, logos, and other distinctive signs in the market.
  3. Copyright: DIP handles the protection of original works of authorship such as literary, artistic, and musical works under copyright laws.
  4. Industrial Design Protection: DIP ensures the protection of the visual design of objects, which can include the appearance, shape, or ornamentation of products.
  5. Intellectual Property Enforcement: DIP plays a role in enforcing IP rights and fighting against infringements, counterfeiting, and piracy.
  6. International Cooperation: Laos, being a member of international agreements like the World Intellectual Property Organization (WIPO), works with other countries to strengthen IP protection globally.
  7. Public Awareness and Education: DIP promotes awareness of intellectual property laws among businesses, creators, and the public.

 

Submission of Original Documents

In Laos, when dealing with IP procedures—such as the registration of patents, trademarks, or copyrights—it is often necessary to submit original documents to DIP for processing and verification. Below is a general overview of how and when original documents might be required for various IP procedures:

  1. Trademark Registration

For trademark registration in Laos, the following original documents might be required:

  • Trademark Application Form: Completed and signed by the applicant.
  • Power of Attorney: If the applicant is represented by a local agent or attorney, a signed power of attorney is typically required.
  • Original or Certified Copy of the Business Registration Certificate (if the applicant is a company or legal entity).
  • Representation of the Mark: A clear image of the trademark being applied for.
  • Priority Document: If claiming priority from an earlier filed application in another country (based on the Paris Convention), the original or certified copy of the priority document may be needed.
  1. Patent Registration

 For patents in Laos, applicants may need to submit the following original documents:

  • Patent Application Form: This includes details of the invention.
  • Patent Specification: A detailed written description of the invention, along with claims.
  • Drawings or Diagrams: If applicable, original drawings or diagrams that illustrate the invention.
  • Power of Attorney: If represented by a local agent.
  • Priority Document: If claiming priority from a previous filing under the Paris Convention, an original or certified copy of the priority document is required.
  • Assignment Agreement: If the patent application is being filed on behalf of another party, proof of ownership or assignment rights is needed.
  1. Industrial Design Registration

For the registration of industrial designs, the following documents are typically required:

  • Application Form: Completed and signed.
  • Power of Attorney: If an agent is representing the applicant.
  • Drawings or Photographs of the Design: Clear, original representations of the industrial design.
  • Priority Document: If claiming priority from an earlier filing in another jurisdiction.
  1. Copyright Registration

For copyright registration, original documents might include:

  • Application Form: Completed and signed.
  • Original Work: A copy of the work being registered (e.g., literary, artistic, or musical work).
  • Power of Attorney: If represented by an agent.
  • Other Supporting Documents: In case of joint authorship or assignment of rights, additional supporting documents might be required.
  1. General Considerations
  • Language: All documents must be in the official language of Laos (Lao). If documents are in another language, a certified translation may be required.
  • Submission Process: Documents are typically submitted to DIP’s office in Vientiane, either directly or through a registered IP agent. In some cases, online submissions may also be possible.
  • Verification and Certification: DIP may ask for original documents to verify the authenticity of claims, especially in case of disputes or when priority rights are being claimed.

While some documents can be submitted in the form of certified copies or copies with an official seal, there are cases where original documents are necessary. For example:

  • Priority documents for patents and trademarks;
  • The Power of Attorney if the applicant is using a local agent;
  • Assignment or licensing agreements.

 

For further information, please do not hesitate to contact us at bud-prairie@bud-prairie.com.

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