You are using an outdated browser and your browsing experience will not be optimal. Please update to the latest version of Microsoft Edge, Google Chrome or Mozilla Firefox. Install Microsoft Edge

January 15, 2017

Geographical Indications in Laos: A Boon for Local Producers and Investors?

Subscribe to Updates

The Ministry of Science and Technology (MOST) in Laos has, at long last, issued a decision on the Implementation of Geographical Indications under the Law on Intellectual Property No. 1119/MOST, dated October 25, 2016. The decision allows both local and foreign geographical indications (GIs) to be registered in Laos, and it outlines a number of matters concerning GIs that had not previously been included in the Law on Intellectual Property No. 01/MOST of 2011, such as registration processes and remedies.

Background

A GI is a sign used on a product that has a specific geographical origin and quality, or a reputation derived from that origin. The Food and Agriculture Organization of the United Nations (FAO) and the Agence Française de Développement (AFD), both of which are international organizations focused on alleviating poverty, are assisting Laos to implement a legal framework for GIs.

The FAO and the AFD were closely involved in drafting the decision, and in shaping guidelines used to prepare a book of specifications which sets out standards to efficiently implement a GI framework and guarantee that products under a GI certification meet sufficiently high standards of quality in order to be compliant with global GI standards.

The Asian Development Bank (ADB) has also contributed to Laos’ GI framework. The ADB has conducted a study on the feasibility of GIs in Laos and has advocated the benefits that GIs have on local communities. The ADB’s support has been welcomed as a part of a larger scheme to help and support the development of SMEs in the country through programs such as the Support for Post-Private Sector and the Small and Medium-Sized Enterprises Development Program Partnership Framework. Accordingly, the ADB has provided technical assistance to enhance and support the national SME strategy and has helped train GI experts.

In a country where economic growth is highly dependent on natural resources, Laos is looking to diversify. The Lao government has recognized GIs as a way to promote local products with a certification trusted worldwide, and thus bolster exports and fuel economic growth.

Requirements to Register GIs

Under Articles 6 and 7 of MOST’s decision, “producer groups, operators, institutions, and/or interested persons” that want to apply to register a GI must establish a GI association. The association is responsible for ensuring that all of its members follow and comply with the book of specifications. In addition, the association has to inform the Lao Department of Intellectual Property (DIP) of any change in the list of producers/operators of the GIs, protect and valorize GIs, and implement any regulation relating to GIs. The DIP has the authority to examine and approve the registration of GIs.

The decision also allows a single producer/operator, either an individual or a legal entity, to register its product(s) and receive a GI certification after going through the application process. The decision states, however, that this represents only a very few “exceptional cases.”

Article 10 of the decision sets out a list of documents and other requirements that must be provided and fulfilled in order to register a GI with the DIP. The requirements are as follows:

  • Geographical indication application form;
  • Name of the geographical indication;
  • Name and address of the applicant;
  • Name and address of the representative and a power of attorney, if the application is filed through a representative;
  • Type of goods covered by the geographical indication application;
  • Book of specifications;
  • Summary of the book of specifications;
  • Receipt of payment of fee and service fee;
  • Any other relevant documents in relation to the geographical indication application.

In the case of registering a foreign GI, the applicant has to substantiate and verify that the foreign GI is currently protected in its country of origin. The term of protection for GIs is unlimited and commences from the filing date, which is determined as the date of submission of the complete set of documents above, and when payment of the fee and service fee is completed.

Once the application has been submitted, the DIP will conduct a preliminary examination of the application within 60 days of the filing date. If the application fulfills all of the requirements, the DIP will issue an acknowledgment to the applicant. If not all of the requirements have been fulfilled, the DIP will notify the applicant through a letter, detailing any points that need to be corrected.

After preliminary examination, substantive examination may take place. This includes, among other things, extensive research on the product’s origin and particulars, its reputation, whether any other existing GIs can be identified, or whether there are similarities to prior-registered trademarks.

If the DIP deems that the application complies with all of the requirements, the DIP will proceed to the next step of registering the GI. If the substantive examination requirements have not been met, a notification will be sent to the applicant, who will have 90 days to respond to the DIP’s request for further clarification or modification.

Amendments to an application may be allowed during the application period. It is possible to make these amendments without incurring a fee if the amendments are minor. Under Article 17 of the decision, minor amendments do not include:

  • Introducing new goods to the application;
  • Changes that relate to the essential characteristics or nature of the product;
  • Altering the “link” referred to in the book of specifications (i.e., any “details establishing the link between a given quality, the reputation or other characteristic of the product and the geographical origin”);
  • Changes to the name, or to any part of the name, of the product;
  • Changes that affect the defined geographical area; or
  • Changes that increase restrictions on trade in the product or its raw materials.

The application can be made with English-language documents. However, these documents will need to be translated within 90 days of the date of the submission of the application. Therefore, applicants should bear in mind additional cost incurred by said translation.

When the registration process is complete, the GI will be registered and published in the Industrial Property Gazette, and a certificate will be issued to the applicant—all in this order.

For local GIs, it may take 12 to 18 months from the filing date to the issuance of the GI certificate. For foreign GIs, this duration may differ, depending on whether the GI has been previously registered in a country with which Laos has signed a Memorandum of Understanding in order to specifically ease and speed up the examination process.

To date, Laos has signed a Memorandum of Understanding with Cambodia, Vietnam, Japan, and Singapore. If an applicant has proof that its GI has been registered in one of these countries, a certificate may be issued in a shorter amount of time—possibly one to three months.

Looking Forward

Laos has developed a strategic plan in support of GIs, which sets out objectives until the year 2025. The plan aims to: (1) develop a more affluent socioeconomic middle-class populace; (2) uplift rural areas that do not yet take part in or benefit enough from the country’s current inflow of foreign direct investment; and (3) foster a more sustainable economy.

Laos is currently carrying out surveys to identify local products that could be suitable for GI certification and facilitating easier access to credit, in order to allow local producers to register their local GIs abroad. This process is in its very early stages and the government has yet to provide further clarification, but it appears to be a step in the right direction in terms of positioning Lao products in the international market and supporting local producers.

The Lao government has demonstrated its commitment to protecting and promoting IP assets not only through GIs, but also through international commitments like the Madrid Protocol, which entered into force in Laos on March 7, 2016. This has sent a positive signal to investors, which has bolstered Laos’ reputation as an attractive destination for investment.  It may take some time, however, before local producers become aware of the potential boon that GIs offer.

Download Full Article
Related Professionals

Practices

Intellectual Property

Location

RELATED INSIGHTS​ 

December 17, 2025
Vietnam’s National Assembly approved wide-ranging amendments to the Intellectual Property (IP) Law on December 10, 2025, marking one of the most significant overhauls of the country’s IP regime in recent years. The changes, which supplement and refine existing provisions, are designed to align Vietnam’s framework more closely with international standards while addressing practical challenges faced by rights holders and practitioners. The amendments will come into force on April 1, 2026. The most notable changes are detailed below. Recognition of partial and nonphysical industrial designs: Industrial design protection has been broadened to cover partial designs and nonphysical forms (class 32), explicitly extending rights to parts of products that are not independently circulated as well as digital and intangible product appearances. The law clarifies that the external appearances of nonphysical products are protected industrial designs, and circulation of digital copies of any part of that appearance will be treated as an act of using the industrial design. The provision on the industrial applicability of industrial designs has also been amended accordingly to include the uniform reproduction of nonphysical products in cyberspace. Resolving conflicts between overlapping rights: The IP Law provides a safeguard against conflicts when a single subject matter is protected by multiple IP rights. Where overlapping rights exist, the later-arising right will be terminated if its exercise interferes with the normal exploitation of an earlier right. The decision to terminate such a later right rests with the court. Use of published data for AI training: Organizations and individuals may use lawfully published and publicly accessible documents and data for scientific research, testing, and AI system training. Such use must not unreasonably prejudice the rights or legitimate interests of authors or IP rights holders. Where the documents and data fall under copyright or related rights protection, their use must also comply
Read More
December 5, 2025
One morning, a California-based company mapping its Southeast Asia rollout opened an unexpected cease-and-desist letter from a Vietnamese IP firm. To the company’s surprise, the letter asserted that a local client already owned the company’s brand in Vietnam and threatened legal action. This is not an isolated incident. In another recent matter in the sports industry, a squatter demanded at least USD 48,000 from our client to “resolve” a similar conflict. For brands entering Vietnam or expanding distribution there, these tactics can create acute risk at precisely the point at which market momentum is building. Vietnam’s rapid economic growth and deepening integration into global trade have made it an increasingly attractive destination for multinational brands. Those same dynamics have intensified a longstanding issue: trademark squatting. Vietnam has modernized its IP framework over the past decade, but its strict first-to-file trademark system continues to incentivize opportunistic filings by parties with no legitimate interest in a mark. As more foreign brands build their reputation abroad before turning to Vietnam, squatters remain alert to timing gaps and enforcement frictions. The First-to-File System: Advantages and Vulnerabilities Vietnam adheres closely to the first-to-file principle under its Law on Intellectual Property. In practice, exclusive trademark rights belong to whoever submits the earliest valid application to the Vietnam Intellectual Property Office, regardless of prior use in Vietnam. This approach offers administrative clarity and reduces evidentiary burdens compared to use-based jurisdictions. Yet it also creates fertile conditions for squatting. Bad-faith actors regularly monitor foreign markets, identify brands gaining traction, and move quickly to register those marks domestically, often long before the genuine owner enters the market or prioritizes local filings. By the time the true brand seeks protection, the squatter’s application (or registration) stands as a legal obstacle, pushing businesses toward costly oppositions, cancellations, or uncomfortable negotiations
Read More
November 26, 2025
On November 21, 2025, Myanmar’s Ministry of Commerce (MOC) issued Notification No. 103/2025 promulgating the Geographical Indication Rules (GI Rules), establishing a comprehensive framework for the registration and administration of geographical indications (GI), which are primarily governed by the Trademark Law of 2019. On the same day, the MOC released Notification No. 104/2025 specifying the required forms for GI-related matters. The GI Rules establish a comprehensive set of procedures for the entire GI application process, including filing applications, oppositions, cancellations, and invalidations, and appointing a local representative for GI-related matters. Under the Trademark Law and the GI Rules, domestic and foreign legal entities (organizations) that formally represent a defined group of stakeholders (such as producers or manufacturers of natural products or resources, agricultural products, handicrafts, or industrial products) and other competent authorities from government departments are eligible to apply for GI registration with the Intellectual Property Department (IPD) in Myanmar. Application A GI application can be submitted in either English or Myanmar language electronically, in person, or via post. Foreign applicants seeking to register a GI in Myanmar are required to submit a copy of the registration certificate from their country of origin with the GI application. This certificate must explicitly state the GI name of the protected product. Notably, foreign applicants are mandated to appoint a local representative in Myanmar to act on their behalf for GI-related matters with the IPD and appeal-related matters with the IP Agency. The form for appointing the local representative must be duly notarized in the applicant’s home country to ensure its legal validity and acceptance in accordance with the GI Rules. Application for Use of GI Logo Pursuant to the GI Rules, any interested individual, local or foreign, may submit an application to the IPD for authorization to use the GI logo,
Read More
November 21, 2025
Tilleke & Gibbins has contributed the Thailand chapter to Asia IP’s ASEAN Guide to IP Protection 2025, an annual reference covering key developments and practical considerations for intellectual property systems across Southeast Asia. The chapter offers an overview of Thailand’s current legal framework for the protection of trademarks, patents, industrial designs, and copyrights. It summarizes registration requirements, recent regulatory updates, and procedural considerations relevant to rights holders and practitioners. The chapter offers actionable insights for rights holders at every stage of the IP lifecycle and addresses practical strategies for managing portfolios, anticipating enforcement challenges, and maximizing the value of IP assets. The authors also highlight recent trends and developments in Thai IP law, ensuring that readers are equipped with the latest knowledge to inform their decisions. The complete Thailand chapter can be downloaded through the button below, and the chapter is also available on the Asia IP website.
Read More