Laos updates Law on Intellectual Property with eye on foreign investment

Managing IP is part of Legal Benchmarking Limited, 1-2 Paris Gardens, London, SE1 8ND

Copyright © Legal Benchmarking Limited and its affiliated companies 2026

Accessibility | Terms of Use | Privacy Policy | Modern Slavery Statement

Laos updates Law on Intellectual Property with eye on foreign investment

Sponsored by

tillekegibbins.png
laos-1949948.jpg

Khemphet Phonphakdy and Saithong Rattana of Tilleke & Gibbins summarise the changes under the latest revision as Laos aims to attract foreign investment and align its intellectual property laws with international standards

Since the enactment of Laos’ first Law on Intellectual Property in 2007, the country has issued periodic amendments and updates to bring the law into line with current practices and needs. The latest of these, issued in November 2023 (the 2023 Law on IP), was published in the Lao official gazette on March 1 2024.

Some of the most notable changes and updates under the 2023 Law on IP are highlighted below.

Trademarks

Laos introduced online trademark registration in November 2023, and the 2023 Law on IP brought several key changes to the regime for protecting trademarks in the country. The new law eases the burden of proof for well-known marks, removing ambiguous terms such as ‘territory’ and ‘country’ to make it clear that global circulation and recognition of a product can establish a mark as well known, though some uncertainty remains surrounding the exact criteria that must be met.

Laos’ treatment of trade names has also undergone changes. Unlike the 2017 Law on Intellectual Property, the 2023 amendment requires trade names to be registered to be protected against infringement.

Cancellation

The 2023 Law on IP allows cancellation requests for trademarks, industrial designs, and geographical indications within five years of registration publication and introduces cancellation for registrations made in bad faith or incorrectly. The law grants explicit authority to assess bad faith post registration.

Exhaustion of rights

The 2023 Law on IP introduces the concept of exhaustion of rights, meaning trademark rights are exhausted once the product is sold, potentially impacting parallel imports. However, conflicting provisions allow trademark owners to prevent unauthorised use or sale, requiring further clarification.

Industrial designs

Under the 2017 Law on IP, one of the requirements for protecting an industrial design was to provide evidence that the design was new and not formerly disclosed. The 2023 Law on IP provides greater clarity on the methods of disclosure, now explicitly recognising the use of electronic media, such as websites and social media, as a form of disclosure.

Patents and petty patents

Similarly, the 2023 Law on IP recognises electronic media as a means of disclosure, clarifying that an invention publicly available online in Laos is not novel. The amended law also made changes to the requirements for applying for some patents and petty patents. Applications must now disclose the origin and community or ethnic group for inventions derived from genetic resources or traditional know-how.

Geographical indications

Under the 2023 Law on IP, protection of a geographical indication now starts from the filing date of the application instead of from the date of registration.

Copyright

The 2023 Law on IP expands the scope of copyright to include “other works of art” and electronic creations, and the term for applied art and pictures has been extended from 25 to 30 years.

Use of counterfeits

The 2023 Law on IP now expressly prohibits counterfeiting, modifying, or using the IP rights of another person for commercial gain without authorisation from the rightful IP owner. This potentially opens the door to non-commercial personal use of counterfeit goods.

Final thoughts on Laos’ 2023 Law on IP

The 2023 Law on IP introduces significant updates and enhancements to Laos’ IP regulatory framework, marking a pivotal step in the country's ongoing commitment to robust IP protection. Noteworthy changes include streamlined criteria for well-known trademarks, mandatory registration of trade names, and clarified disclosure requirements for industrial designs and patents. The law also introduces the concept of exhaustion of rights, potentially influencing parallel import practices.

By expanding the scope of copyright protection to include electronic works and extending the protection term for applied art, the new law reflects Laos’ dedication to fostering innovation and safeguarding intellectual creativity. These amendments aim to attract foreign investment and align Laos’ IP laws with international standards, ensuring comprehensive protection for creators and innovators.

more from across site and SHARED ros bottom lb

More from across our site

Public figures are turning to trademark protection to combat the threat of AI deepfakes and are monetising their brand through licensing deals, a trend that law firms are keen to capitalise on
News of Avanci Video signing its first video licence and a win for patent innovators in Australia were also among the top talking points
Tom Melsheimer, part of a nine-partner team to join King & Spalding from Winston & Strawn, says the move reflects Texas’s appeal as a venue for high-stakes patent litigation
AI patents and dairy trademarks are at the centre of two judgments to be handed down next week
Jennifer Che explains how taking on the managing director role at her firm has offered a new perspective, and why Hong Kong is seeing a life sciences boom
AG Barr acquires drinks makers Fentimans and Frobishers, in deals worth more than £50m in total
Tarun Khurana at Khurana & Khurana says corporates must take the lead if patent filing activity is to truly translate into innovation
Michael Moore, head of legal at Glean AI, discusses how in-house IP teams can use AI while protecting enforceability
Counsel for SEP owners and implementers are keeping an eye on the case, which could help shape patent enforcement strategy for years to come
Jacob Schroeder explains how he and his team secured victory for Promptu in a long-running patent infringement battle with Comcast
Gift this article