Copyright in LAOS
Bud & Prairie are profusely expert and experienced to advise and assist you with copyright related matters.
1. Legal Framework
1.1 Law on Copyright and Related Rights (2007)
- This law establishes the framework for copyright protection in Laos, including the rights of authors, the types of works covered, and the enforcement of copyright.
1.2 International Agreements
- Berne Convention for the Protection of Literary and Artistic Works: Laos is a member, which means that it recognizes and adheres to the standards set by the Berne Convention, including the principle of automatic copyright protection and the requirement for national treatment of foreign works.
- WIPO Copyright Treaty (WCT): Laos is also a member, which provides additional protection for digital works and strengthens international copyright standards.
2. Scope of Copyright Protection
2.1 Protected Works
- Literary Works: Includes books, articles, poems, and other written materials.
- Artistic Works: Covers paintings, sculptures, drawings, and other visual art forms.
- Musical Works: Encompasses compositions and lyrics.
- Audiovisual Works: Includes films, television shows, and other multimedia productions.
- Software: Copyright protection is extended to computer programs and software.
2.2 Rights Granted
- Economic Rights: Include the right to reproduce, distribute, perform, display, and adapt the work. These rights allow the copyright holder to control how the work is used commercially.
- Moral Rights: Protect the personal and reputational interests of the author, including the right to attribution and the right to object to derogatory treatment of the work.
3. Registration and Formalities
3.1 Registration
- Not Required: Copyright protection in Laos, as in most Berne Convention member countries, is automatic upon the creation of a work. There is no requirement for registration to obtain copyright protection.
- Voluntary Registration: While not mandatory, authors and creators may choose to register their works with the Department of Intellectual Property (DIP) under the Ministry of Science and Technology (MOST) for additional documentation and evidence of copyright ownership.
3.2 Documentation
- Registration Certificate: If a work is registered, the DIP issues a certificate of registration, which can be used as evidence of copyright ownership in legal disputes.
4. Enforcement and Protection
4.1 Enforcement Mechanisms
- Administrative Measures: The DIP can assist in resolving disputes and enforcing copyright through administrative measures, including mediation and investigations.
- Judicial Enforcement: Copyright holders can take legal action in Lao courts to enforce their rights. This includes filing lawsuits for copyright infringement and seeking remedies such as injunctions, damages, and the seizure of infringing copies.
4.2 Customs Enforcement
- Border Measures: Customs authorities can assist in preventing the importation or exportation of goods that infringe on copyright. Copyright holders must register their works with customs to request border measures.
5. Challenges and Opportunities
5.1 Challenges
- Awareness and Enforcement: There may be limited awareness and understanding of copyright protection among businesses, creators, and the public, which can hinder effective protection and enforcement.
- Capacity Issues: Challenges related to the capacity of enforcement agencies and the judiciary to handle copyright cases and disputes.
5.2 Opportunities
- Economic and Cultural Growth: As Laos develops economically and culturally, there are increasing opportunities for protecting and promoting creative works.
- International Collaboration: Engagement with international agreements and organizations can enhance Laos’s copyright system and provide better protection for creators and businesses.
6. Best Practices for Copyright Protection
6.1 Documentation and Registration
- Keep Records: Maintain thorough records of the creation and ownership of works, including drafts, correspondence, and publication details.
- Consider Registration: While not required, registering works with the DIP can provide additional evidence of ownership and may facilitate enforcement.
6.2 Monitoring and Enforcement
- Regular Monitoring: Monitor the market and digital platforms for potential infringements and take proactive steps to protect copyright.
- Enforcement Strategies: Develop strategies for enforcing copyright, including working with local authorities and engaging in legal actions when necessary.
6.3 International Considerations
- Global Strategy: If operating internationally, develop a global copyright strategy that considers the protection and enforcement of works in other countries where business activities are conducted.
Copyright protection in Laos is governed by national legislation and supported by international agreements. The law provides automatic protection for creative works, with additional options for registration and documentation. While challenges related to awareness and enforcement exist, there are opportunities for growth and development in copyright protection. By understanding the legal framework, following best practices, and leveraging opportunities, creators and businesses can effectively protect and manage their copyrights in Laos.
For further information, please do not hesitate to contact us at bud-prairie@bud-prairie.com.
1. Patentability Search
Patentability search is also known as a novelty search, which helps identify whether or not an idea is novel and involves an inventive step (nonobvious). The most complete searches include all types of prior art to give an inventor or organization a comprehensive look at the technology landscape. A patentability search should be completed during the ideation phase, as well as prior to disclosure.
A patentability search is conducted by examining published patents that relate to your own invention to figure out whether your idea has already been patented. You can also see similar inventions, allowing you to improve and refine your own invention without infringing on someone else’s patent. And you can do all this before you have spent many hours and thousands of dollars on an idea that you can’t patent.
2. Freedom to Operate Search
A freedom to operate search (often abbreviated as FTO) determines how similar your product is to existing patents, and therefore how likely you are to infringe on a patent by making and marketing your invention. You may also see this type of search called a patent infringement search or right-to-use search.
Completing an FTO search early in the innovation cycle helps R&D teams design around existing patents. Later on, the results of the search can identify whether you may need to license other patents to bring your product to market.
3. State of the Art Search
Completing a state of the art search (also known as a product clearance or patent landscape search) allows you to examine the literature related to a specific industry, rather than around a certain technology, which may be applicable across industries. Using a state of the art search helps businesses find competitors and existing products within their field. These insights allow researchers, engineers, and leaders to make strategic decisions at any point within the innovation cycle.
4. Invalidity Search
To assess the strength of a specific patent, companies will use an invalidity search. This is also called a validity search. The results of this search determine whether or not the patent holder can claim infringement. They can also be used to decide licensing fees or value. If an invalidity search finds evidence in the form of existing, yet undiscovered, prior art, the patent should not have been granted and is unenforceable. This type of patent search is completed after a patent is granted.
5. Evidence of Use Search
Some organizations actively seek out products that infringe on their patent rights. This type of search is called an evidence of use search. To find these products, an organization or inventor will review similar patents and look for evidence the patent is utilized in a way that infringes on the searcher’s rights. Evidence of use searches happen after a patent is granted and as it matures.
6. Search Database
There are several databases in which patent searching may be done. Many databases such as USPTO, Google Patents, Free Patents Online, esp@cenet etc. are freely available, while other databases such as ThomsonInnovation, Orbit, Patbase etc. are available on the basis of a subscription. Each of these databases varies in terms of at least one of the following: Data Coverage, Search Engine, Interface.
• Google Patent Search Database. The Google search engine has revolutionized how people use the Internet. …;
• Patentscope. Patentscope is a free database put out by the World Intellectual Property Organization (WIPO)…;
• The USPTO Database…;
• Espace European Database…
The following are some of the largest and most popular patent office databases.
• Canadian Patents Database (CIPO)…;
• DEPATISnet (DPMA)…;
• Espacenet (EPO)…;
• JP-PlatPat (JPO)…;
• PatentScope (WIPO)…;
• U.S. Patent Assignment Database (USPTO)…;
• U.S. Patent Center (USPTO)…;
• U.S. Patent Databases (USPTO).
However, an inventor or applicant can also conduct their own patent search. The inventor or applicant has the advantage of often being more familiar with the art to which the invention relates, including having an understanding of the common knowledge held by persons skilled in the art and the relevant terminology.
Patent drafting is a part of how to patent an idea and is the process of writing the patent description and claims. It is at the core of every patent application. When the patent is issued or allowed, the draft serves as the specification part of the document. The patent applicants have to be more aware that depending on how well the complete specification is drafted and how precisely and correctly the claims describe the invention or the imaginary ‘boundary” is set, the easier it will be to defend it against third parties.
Normally, a patent specification covers the following parts:
• Field of Invention: It generally discloses a field to which the invention generally relates.
• Background: It discloses existing devices or methods related to the field of invention, broadly known as prior art. Background generally discloses prior art and limitations or disadvantages associated with the prior art.
• Summary of Invention: It (i) discloses the objectives of the invention, (ii) generally lists distinguishing features and advantages of the invention for which protection is being sought, (iii) summarizes the main features of the invention to be claimed, and (iv) also includes a broader explanation of the invention and briefly mentions the solution provided by the invention.
• Brief Description of Drawings (if any): If the invention includes any drawings, then this section includes a description of the drawing briefly such that a reader can get an overview of what could be disclosed by the drawing. The drawings are to be prepared in separate sheets as per different guidelines of different jurisdictions. The drawing sheets are filed with the patent specification.
• Detailed Description of Invention: It explains the different features of the invention in detail. Detailed description should be written such that a skilled person in the art can understand the invention solely after referring to this description. All claimed features and their interconnections, if any, need to be explained. In other words, all the claimed features need to be well supported in the detailed description.
• Claim(s): Claims are the most important part of a patent draft. Claims decide the scope of the protection which would be awarded to the inventor when the patent is granted. Claims are broadly divided into two categories, independent claim, and dependent claim. Every patent draft or patent application must contain at least one independent claim. Claims tend to change in course of the examination (narrower in most cases than the originally filed claims.
• Abstract: It is a technical summary of the invention. Generally, the Abstract should disclose the invention sufficiently to enable a person to perform a search for anticipation. The publication of a patent application includes publication of the abstract and representative drawing, if any.
• Drawings: Not all specifications have drawings. Such drawings, if any, would be prepared and submitted to the Patent Office in separate sheets. Different jurisdictions have different rules for allowable drawing sheets.
The significance of patent drafting and its impact on the patent protection should be conveyed to the SMEs, start-ups and inventors along with the information on importance of the patent protection in general. They should be informed that in case of any opposition or challenging the validity of their patent by a third party, a poorly drafted patent will be easily invalidated.
An opposition proceeding is an administrative process available under the patent law of many jurisdictions which allows third parties to formally challenge the validity of a pending patent application (pre-grant opposition), of a granted patent (post-grant opposition).
Once the patent application is published, an opposition may be filed within a certain time period prescribed under the applicable law. The opponent shall state the grounds for opposition and submit any evidence. If no opposition is filed during that period, the substantive examination will be carried out.
In the meantime, an applicant for a patent, any of whose claims has been twice rejected, may appeal from the decision of examiners to IP Vietnam, having once paid the fee for such appeal.
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