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​ 

November 1, 2024
Tilleke & Gibbins has contributed the Thailand chapter to Franchise 2025 from the International Comparative Legal Guides (ICLG) series published by Global Legal Group. This comprehensive guide provides detailed analysis of franchise laws and regulations across multiple jurisdictions worldwide. Each chapter of the guide follows a Q&A format, organized into key sections covering critical aspects of franchise law and operations, including: Relevant legislation and rules governing franchise transactions Business organization options for franchised operations Competition law considerations Protection of intellectual property and brands Liability issues and risk mitigation Governing law and dispute resolution Real estate matters Online trading regulations Termination requirements Joint employer risks and vicarious liability Currency controls and taxation Commercial agency considerations Good faith obligations and fair dealing requirements Ongoing relationship management Franchise renewal processes Franchise migration procedures Electronic signatures and document retention The Thailand chapter, authored by Alan Adcock and Kasama Sriwatanakul, examines these topics in detail, with particular attention to recent developments like the Trade Competition Commission’s Franchising Guidelines which introduced new disclosure requirements and protections for franchisees. The complete Thailand chapter is available as a PDF below. The Thailand chapter—and the full Franchise 2025 guide—are also freely available on the ICLG website.
Read More
October 21, 2024
Thailand’s Central Intellectual Property and International Trade (IP&IT) Court has delivered a favorable ruling for Sumitomo Rubber Industries, Ltd., a major player in the tire manufacturing industry, regarding the registration of its motorcycle tire design patent. In this case, Tilleke & Gibbins represented Sumitomo in successfully advocating for recognition of the unique design elements in the company’s motorcycle tire products. Case Overview The case revolved around Sumitomo’s two design patent applications for motorcycle tire designs, which were initially rejected by the Department of Intellectual Property (DIP) on the grounds that they were similar to prior art. Based on an examination of the design elements, primarily focusing on the tire tread patterns, the DIP’s Patent Board had concluded that Sumitomo’s designs were not sufficiently unique to warrant patent protection, as the tread patterns of the new designs were deemed too similar to one found in prior art for tire products. In response, Tilleke & Gibbins filed a complaint with the IP&IT Court on behalf of Sumitomo, seeking a revocation of the Patent Board’s decision and requesting that the court compel the DIP, as the defendant, to proceed with the registration of Sumitomo’s design patents. The complaint emphasized that the designs were novel and distinct, warranting patent protection under Thai law. Legal Strategy The firm’s legal argument focused on the interpretation of Thai patent law, particularly regarding the protection of a product’s external appearance, and emphasized that the determination of a design’s novelty must consider the product’s overall appearance rather than isolating individual features. This approach is consistent with international guidelines on design patents, which require the evaluation of novelty and distinctiveness based on how an informed user would perceive the design as a whole. While Sumitomo’s tire tread patterns may share some superficial similarities to existing designs, the overall impression
Read More
October 20, 2024
The annual statistics issued by the Intellectual Property Office of Vietnam (“IP Office”) in recent years show an increase in the number of IP transactions and applications to establish IP rights, including requests for the recordal of assignment of IP rights. Nevertheless, the numbers of trademark assignment recordals approved by the IP Office has not followed this trend, falling from 1,281 requests approved in 2022 to 1,120 requests approved in 2023. This decrease may be due to the IP Office’s overly strict viewpoint in approving trademark assignments, including its rejection of assignment recordal on the ground of conflict with the assignor’s trade name. IP Office’s practice on assignment recordal Vietnam’s IP Law restricts the assignment of trademarks in several cases, as set out in Article 139.4 that “the assignment of the rights to marks must not cause confusion as to properties or origins of goods or services bearing such marks.” Thus, when an assigned mark is identical to the dominant element of the assignor’s company name, the IP Office will view that the assignee’s use of the mark will result in confusion with the assignor’s trade name, and then instantly reject the assignment request. In this case, the IP Office will only accept the assignment if the IP holder can submit documents issued by relevant authorities proving at least one of the following conditions: The assignor has assigned all business premises and operations under its name to the assignee; The assignor has removed business lines relating to the goods/services bearing the trademarks and such removal is recorded in the Enterprise Registration Certificate; The assignor has been dissolved or does not exist after signing the agreement; The assignor has changed its name after signing the agreement so that it does not contain any element identical or similar to the assigned
Read More
October 7, 2024
Starting October 15, 2024, Cambodia will implement a new penalty for late patent annuity payments and restorations, according to an unofficial announcement from the country’s Department of Industrial Property under the Ministry of Industry, Science, Technology, and Innovation. This new penalty will apply to patents, utility model certificates, and plant variety protection registrations. To avoid additional charges and prevent the abandonment of any pending applications or the lapse of registrations, applicants and registration owners must pay each annuity within the six months before the annuity period starts, or by its due date. If the annuity is not paid by the due date, a grace period of six months is allowed for late payment, with a daily charge of KHR 500 (approximately USD 0.125) per day. If payment is not made within this grace period, the patent will be deemed withdrawn or will lapse. However, the Patent Office can initiate the restoration process within the last six months of the annuity period. This requires a USD 25 restoration fee plus an additional daily charge of USD 0.125 from the start of the grace period until payment is completed. To avoid additional charges and prevent the potential abandonment of applications or registrations, companies and their appointees need to keep track of all annuity due dates for patents, utility model certificates, and plant variety protection registrations and pay all annuities well in advance of the due date. For more details on this penalty, or on any aspect of intellectual property protection in Cambodia, please contact Tilleke & Gibbins at [email protected].
Read More