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

May 13, 2026

Laos Includes Copyright Disputes in New Administrative IP Review Rules

Subscribe to Updates

Laos has significantly broadened its industrial property administrative review framework, most notably by extending it to cover copyright and related rights for the first time. Decision No. 0306/IC on the Administrative Resolution of Disputes Concerning Industrial Property Registration, New Plant Variety Registration, and Copyright and Related Rights Recordation took effect on April 24, 2026, replacing the previous rules from 2023, which had covered only industrial property and new plant variety matters.

Decision No. 0306/IC governs how Laos’ Department of Intellectual Property (DIP) and provincial offices handle formal challenges to industrial property registrations and applications. The proceedings covered include oppositions to pending applications, appeals of refused applications, requests for cancellation of existing registrations, and—newly—disputes concerning the recordation and interpretation of copyright and related rights.

These administrative proceedings within the DIP are heard by a government-appointed Administrative Dispute Resolution Committee, which functions similarly to the opposition and review boards found in other jurisdictions.

Key Changes

Decision No. 0306/IC covers four categories of administrative proceedings:

  • Oppositions: Third-party challenges to a pending industrial property application before it is granted.
  • Refusal appeals: Challenges to the DIP’s decision to refuse their application.
  • Cancellation or deletion requests: Applications to invalidate an existing registered right on the grounds that it should not have been granted.
  • Copyright and related rights disputes: Challenges to or interpretations of copyright and related rights recordations, including determinations of whether a work qualifies for copyright protection under Lao law.

The most significant development is the committee’s new jurisdiction over copyright matters. The committee is now empowered to resolve disputes concerning copyright and related rights recordation—this includes the authority to determine whether a work qualifies for copyright protection and to interpret the scope of an existing recordation. Parties who believe a competitor has improperly recorded copyright over a work, or who wish to contest the scope of such a recordation, now have a dedicated administrative channel for relief without proceeding directly to court.

Under the decision, new plant variety registration disputes are explicitly brought within the committee’s jurisdiction, providing a clear administrative review pathway for the agricultural and life sciences sectors.

In addition, the decision codifies clear, step-by-step timelines (see below) for each type of proceeding and clarifies filing venues, with the DIP in Vientiane handling a number of matters and the Vientiane or provincial branches of the Department of Industry and Commerce handling others, depending on the specific circumstances and type of dispute.

Procedural Timelines

Key points from the decision’s timelines for administrative review proceedings are as follows:

  • Opposition to a pending application: Upon receiving a notice that an opposition has been filed against their application within 7 working days, an applicant has 60 days to submit clarifications and supporting evidence to the DIP. The DIP then has 30 days from receipt of complete information to issue its decision, with any dissatisfied party having a further 30 days to request reconsideration.
  • Appeal of a refused application: Once the DIP notifies an applicant of a refusal, the applicant has 60 days to respond with clarifications and evidence before the DIP proceeds to a final determination.
  • Reconsideration by a newly appointed committee: If reconsideration is sought—for either opposition or refusal proceedings—a new committee will be appointed to review the matter. Parties have 30 days to request reconsideration, and this window is strictly enforced—failing to file within this period will be deemed as having accepted the original decision, with no further administrative recourse.

Procedural Considerations

All submissions must be in the Lao language. Documents in English or other languages must be accompanied by a certified Lao translation. In addition, oppositions must include a certificate of registration of the relevant industrial property right from the applicant’s country of origin. Foreign parties should plan for this requirement well in advance, as obtaining such certificates can take time.

Upon receipt of a complete submission, the receiving office will forward the complete dossier to the central DIP within three working days.

The Administrative Dispute Resolution Committee charged with hearing administrative proceedings within the DIP system typically consists of three to five members and may appoint technical experts to assist with complex matters. All participants are subject to strict confidentiality obligations.

Outlook

Decision No. 0306/IC represents a meaningful step forward in Laos’s industrial property administrative framework. Copyright holders now have a formal administrative mechanism to challenge improper copyright recordations or to seek a ruling on whether a work qualifies for copyright protection, without immediately resorting to court proceedings. Companies in the agricultural sciences and plant biotechnology sectors have a clear administrative review pathway for new plant variety registration disputes. For trademark, patent, and industrial design portfolios, third parties have the right to file structured oppositions within defined timelines.

Related Professionals

Practices

Intellectual Property

Location

RELATED INSIGHTS​ 

July 24, 2024
Intellectual property specialists from Tilleke & Gibbins in Thailand have contributed an updated Intellectual Property Transactions in Thailand overview for Thomson Reuters Practical Law, an online publication that provides comprehensive legal guides for jurisdictions worldwide. The Thailand overview was authored by Darani Vachanavuttivong, managing partner of Tilleke & Gibbins and managing director of the firm’s regional IP practice; Titikaan Ungbhakorn, senior associate and patent agent; and San Chaithiraphant, senior associate. The chapter delivers a high-level examination of critical aspects of IP law, including IP assignment and licensing, research and development collaborations, IP in mergers and acquisitions (M&A), securing loans with intellectual property rights, settlement agreements, employee-related IP issues, competition law, taxation, and non-tariff trade barriers. Key topics covered in the chapter include: IP assignment: Basis and formalities for assignments of patents, utility models, trademarks, copyright, design rights, trade secrets, confidential information, and domain names. IP licensing: Scope and formalities for licensing patents, utility models, trademarks, copyright, design rights, and trade secrets. Research and development collaborations: Management of improvements, derivatives, and joint ownership of IP. IP aspects of M&A: Due diligence and critical considerations during mergers and acquisitions. Practical Law, a legal reference resource from Thomson Reuters, publishes a range of guides for hundreds of jurisdictions and practice areas. The Intellectual Property Transactions Global Guide is a valuable resource for legal practitioners, covering numerous jurisdictions worldwide. To view the latest version of the Intellectual Property Transactions in Thailand overview, please visit the Practical Law website and enroll in the free Practical Law trial to gain full access.
Read More
July 22, 2024
Appeals of unfavorable decisions on protection in the IP field are very common in Vietnam. In 2023, there were 845 appeals filed at the IP Office, including 780 trademark appeals. In most cases, however, applicants view the appeal procedure as almost a last resort, as the lengthy examination process can lead to serious delays in appeal settlement. In fact, it can take four to seven years, or even longer, for an appeal to be resolved, and a disappointingly low number of cases are settled each year, despite the towering number of appeals pending. Nonetheless, there are reasons for optimism. Inspection and Appeal Department On 1 July 2024, the IP Office issued Decision No. 575/QD-SHTT promulgating the Regulations on Organization and Operation of the Inspection and Appeal Department – formerly the Enforcement and Appeal Department – whose functions include, among others, advising and assisting the Director General of the IP Office in resolving appeals related to the process of establishing IP rights. The Inspection and Appeal Department has the duty to handle appeals and denunciations related to the process of establishing IP rights, as well as requests for termination and cancellation of the validity of registrations. In addition, it can provide expert opinions, and appoint knowledgeable personnel to participate in the IP Office’s Advisory Council to settle appeals. While the renamed department’s responsibilities do not differ greatly, on paper, from those of the previous Enforcement and Appeal Department, the issuance of new regulations indicates the IP Office’s renewed focus on the importance of improving the appeal procedure. Scope of IP appeals expanded In addition, in November 2023, the Ministry of Science and Technology issued Circular No. 23/2023/TT-BKHCN (“Circular 23”) providing further guidance for implementation of the amended 2022 IP Law and its subordinate legislation. Article 35 of Circular 23 has
Read More
July 5, 2024
The landscape of intellectual property (IP) has transformed alongside advancements in technology, transitioning from traditional methods to modern online approaches. A growing number of IP infringers are moving their illegal activities to the online sphere, particularly through the sale of counterfeit goods on their websites, social media, or e-commerce platforms. In response to these shifting pressures, Thailand implemented the Computer-Related Crime Act B.E. 2550 (CCA) on July 18, 2007, and amended it in 2017, aiming to enhance the effectiveness of combating online infringement by empowering government officials to request that the court block computer data (called “website-blocking”) that infringes upon other parties’ intellectual property rights, as per section 20(3) of the CCA. From 2018 to May 2024, Thailand’s Criminal Court and Central Intellectual Property and International Trade Court have issued 53 orders to block more than 1,779 infringing URLs. One significant recent development is the Criminal Court’s establishment of the Technology Crime Division, which has been operating since April 1, 2024. Its purpose is to address criminal offenses that occur through electronic means, which should then be handled in an effective and prompt manner by judges who have expertise on technological crimes. In addition, several current measures to combat technology crime, including section 20(3) of the CCA, require court orders for the prevention of electronic criminal offenses or online infringement. The Technology Crime Division has the jurisdiction to consider and grant these orders, which will help expedite the approval process and ensure review by specialized judges. Scope of the Technology Crime Division The announcement of the establishment of the Technology Crime Division within the Criminal Court was published in the Government Gazette on March 18, 2024, with operations commencing on April 1, 2024. The Technology Crime Division is empowered to: Consider and adjudicate technology crime cases, except cases falling
Read More
June 25, 2024
Attorneys from Tilleke & Gibbins’ office in Phnom Penh have prepared Intellectual Property in Cambodia, a comprehensive resource for understanding, protecting, and commercializing intellectual property (IP) in the country. This guide provides detailed information on various aspects of IP rights, including: Trademarks: Procedures and requirements for registration, maintenance, and enforcement. Patents: Information on obtaining patent protection, including the application process and legal requirements. Industrial designs: Steps for registering and protecting design innovations. Utility models: Guidelines for securing protection for new technical solutions. Copyrights: Details on copyright protection, registration, and enforcement. Geographical indications: Information on protecting products with specific geographical origins. The guide is designed to offer practical insights into the registration processes, legal frameworks, and enforcement mechanisms relevant to IP in Cambodia. It aims to serve as a valuable tool for businesses, legal practitioners, and individuals involved in the creation and protection of intellectual property. For more details, access the full Intellectual Property in Cambodia guide by clicking the button below.
Read More