Industrial Design–Related Matters in Laos - Tran Tran Law

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I. Legal Basis

Law No. 01/NA dated December 20, 2011 on Intellectual Property (as amended)
Penal Law (2005)
Customs Law (2005)
Decree No. 01/PM of the Prime Minister on Patents, Petty Patents, and Industrial Designs (2002)
Regulation No. 22/STEA-PMO implementing the Decree on Patents, Petty Patents, and Industrial Designs (2003)

II. Industrial Design–Related Matters in Laos

At Tran & Tran, we assist clients in evaluating the registrability and usability of industrial designs in Laos. Our services include:

Searching for shapes, configurations, patterns, and ornaments applied to products, accompanied by comprehensive legal opinions.
Searching under the Locarno Classification.
Restoring lapsed designs due to non-maintenance.
Monitoring and supervising the status of protected industrial designs.

1. Definition of Industrial Designs

An industrial design refers to the external appearance of a product, including its shape, pattern, lines, colors, and other aesthetic elements.

An Industrial Design Certificate protects the unique aesthetic characteristics that define the product’s appearance. To be granted protection, a design must satisfy the following:

Novelty – The design must not have been disclosed by any means in Laos or internationally prior to the filing or priority date.

Ornamentality – The design must provide a distinctive appearance that is not purely functional.

In Laos, industrial designs are treated as a type of “patent.” Accordingly, similar maintenance rules apply, requiring the owner to pay annual maintenance fees as prescribed.

2. Basic Information on Industrial Designs in Laos

Laos adopts the first-to-file system.
Priority claims under the Paris Convention are allowed.
Only formality examination is conducted—there is no substantive examination.
Search/examination reports from foreign IP offices are accepted.
Time to grant: 6–12 months from the filing date.
Protection term: 5 years, renewable twice, for a maximum of 15 years.
Applications may be filed in English or Lao (English documents must be translated into Lao within 90 days).

Application dossier includes:

Application form
Applicant/inventor information
Notarized Power of Attorney (if filing through an agent)
Notarized assignment (if applicable)
Photographs/drawings of the design
Goods classification
Fee receipt

3. Application Procedure

a. Formality Examination

MOST reviews the completeness of the application. If deficiencies exist, the applicant is given 60 days to amend or supplement.

b. Substantive Examination

Not applicable to industrial designs (only applied to patents and utility solutions).

c. Granting of Certificate

If all requirements are met, MOST will:

Grant the Industrial Design Certificate
Record it in the Official Register
Publish it in the Industrial Property Gazette

A third party may file an opposition or request cancellation within 5 years from the publication date.

4. Industrial Design Protection in Laos

Protection safeguards the novel and ornamental appearance of a product.

A design is considered new if not previously disclosed globally.
A design is considered ornamental if it provides a unique aesthetic appearance not dictated solely by technical function.

5. Requirements for Registration

A design must:

Be entirely new (not publicly disclosed before the filing/priority date).
Exhibit ornamentality, giving the product a distinctive visual appearance.

6. Designs Ineligible for Protection

Protection is not granted for:

Designs dictated solely by technical functions or features.
Designs contrary to morality, public order, or local cultural traditions.

7. Priority Claim

Applicants may claim priority from earlier filings in Paris Convention member countries.
The priority period for industrial designs is 6 months.

8. Temporary Protection at Exhibitions

Temporary protection is available for designs displayed at officially recognized international exhibitions if the application is filed within 6 months of the first display.

9. Registration Procedure in Laos

1. Filing

The dossier must include:

Application form
Power of Attorney (if applicable)
Drawings/photographs
Product description
Fee receipt
Priority documents (if any)

Each application may cover one design or a group of related designs.

2. Formality Examination

MOST reviews the dossier and may request amendments within 60 days.

3. Registration

Once all requirements are met, the design is:

Granted a certificate
Recorded in the Official Register
Published in the Gazette

Third parties have 5 years to oppose or request cancellation.

10. Termination of Rights

Industrial design rights terminate when:

The protection period expires.
Renewal/maintenance fees are not paid.
The registration is invalidated for failing to meet protection criteria.
The design is not commercially exploited (upon final court decision).

11. Term of Protection

Maximum term: 15 years
(Three 5-year periods)

Maintenance fees must be paid every 5 years.

12. Rights of the Owner

The owner may:

Prevent unauthorized production, sale, or importation of products copying the protected design.
Initiate enforcement actions against infringement.

13. Invalidation and Cancellation

If a design is declared invalid by the court, MOST must cancel the corresponding registration.