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​ 

May 16, 2024
On May 4, 2024, the Vietnamese government issued Decree No. 46/2024/ND-CP (“Decree 46”) amending and supplementing certain articles of Decree No. 99/2013/ND-CP dated August 29, 2013, on administrative sanctions in industrial property, as amended and supplemented in 2021 (“Decree 99”). Decree 46, which will come into force on July 1, 2024, is designed to bring Decree 99 in line with the amended IP Law of 2022. Some of the notable amendments of Decree 46 are discussed below. New Infringing Acts Decree 46 added the following new infringing acts subject to sanctions, which had not been set out in the former decree: Use of patents, utility solutions, layout designs, or industrial designs without paying compensation according to the provisions on temporary rights specified in Article 131 of the amended IP Law. Accepting a trademark license not in the form of a written contract in the case of using the licensed trademark on goods or packaging. Failure to notify clients of costs, charges, and fees related to procedures for establishing and protecting industrial property rights. Deceiving clients in the course of entering into and performing industrial property representative service contracts, but not to the extent of criminal prosecution, or forcing customers to enter into and perform industrial property representative service contracts. Although these acts are not common occurrences, it is nevertheless important to have clear regulations in order to ensure consistency with the amended IP Law and overcome difficulties and obstacles if such acts are committed in practice. Amendments and Supplements Decree 46 adopted amendments and supplements to main sanctions, additional sanctions, and remedial measures, specifically: The monetary fine imposed for violations against trade secrets is VND 50 million to VND 100 million (approx. USD 2,000 – USD 4,000), a large increase compared to the VND 5 million to VND 15
Read More
May 2, 2024
On May 1, 2024, Myanmar’s Intellectual Property Department (IPD) issued its first publication of trademark applications under the country’s 2019 Trademark Law. Parties are now able to oppose any of the applied-for marks in the publication, which is accessible from the IPD’s website, in accordance with stipulations of Myanmar law. This is a substantial development showing progress toward the registration of marks under the Trademark Law. The online publication of the applications provides the details of each mark, applicant, and representative. In addition, it discloses relevant information such as disclaimers, color claims, mark translations or transliterations, applicable priority dates, as well as specifications of goods and services under the Nice Classification. Any person (individual or legal entity) can file an opposition against an applied-for mark within 60 days of publication by citing significant absolute or relative grounds as specified in the relevant sections of the Trademark Law. Oppositions must use the official form specified in the Trademark Rules, and the filing fee is MMK 150,000 per mark (regardless of the number of classes) plus a MMK 300 bank charge. Anyone, including interested parties or their local representatives, can file the opposition at the IPD. If an opposition is not filed within the stipulated 60-day period, the IPD will proceed with the trademark registration without conducting any substantive examination for similarity or priority. Thus, mark owners, rights holders, and other interested parties should closely monitor the IPD’s publication of applied-for marks so they can take any necessary actions and potentially file oppositions to protect their rights and interests. There has not yet been any official announcement on how often these publications will be issued. For more information on the IPD’s mark publication activities, or on any aspect of protecting intellectual property in Myanmar, please contact Tilleke & Gibbins at [email protected].
Read More
April 22, 2024
Trademark disputes in Thailand have undergone a significant transformation with the recent implementation of streamlined procedures aimed at expediting legal proceedings. This article explores the traditional process for resolving noncomplex trademark cases and introduces the latest regulatory amendments designed to enhance efficiency within the Thai legal framework. Traditional Process Overview The trademark registration process in Thailand involves several steps, including filing, examination, and granting registration. If the trademark registrar rejects an application on substantive grounds, applicants can appeal to the Board of Trademarks. If the board upholds the registrar’s decision, applicants can then pursue a civil suit with the Central Intellectual Property and International Trade Court (IP&IT Court) to revoke the trademark registrar’s and the board’s orders. Previous Regulations and Practice Historically, civil cases concerning trademark registrations followed standard procedures outlined in Thailand’s Civil Procedure Code, with specific adaptations for intellectual property matters under the Act for the Establishment of and Procedure for Intellectual Property and International Trade Court B.E. 2539 (1996). Proceedings entailed various stages, including settlement of issues, evidence hearing, and judgment hearing, culminating in the opportunity for appeal. New Regulations and Practice In 2023, a pivotal development emerged with the issuance of Regulation for Intellectual Property and International Trade Cases B.E. 2566 (2023). This regulatory update introduced section 18, which deals with cases related to the revocation or appeal of Board of Trademarks decisions, such as those concerning trademark nondistinctiveness or opposition cases against Thailand’s Department of Intellectual Property. Section 18 grants the IP&IT Court the authority to order parties to submit documents and evidence without the need for witness examination, thereby streamlining proceedings. Below is a comparison of the trademark procedures for cases related to the revocation or appeal of Board of Trademarks decisions: Traditional Approach Streamlined Approach Implementation and Implications In practice, the implementation
Read More
April 17, 2024
Intellectual property rights holders pursuing legal actions in Vietnam have faced various challenges related to document formality in recent years. For example, in two different disputes at the Ho Chi Minh City Court, we have seen the judge request the claimants to re-prepare the civil dossier due to a lack of documentation proving the authorization of the signer—despite the fact that the cases had been ongoing for long time. Meanwhile, many domain names have been unable to be registered and transferred in recent months. Third-party representatives cannot handle the work as they normally would, as Vietnam’s domain name authority has required all documents to be signed by the domain name holders themselves, instead of the law firms representing them. Such demands have created unnecessary complexities and obstacles for IP holders seeking to protect their rights in Vietnam. Legal Formalities in the Court System Vietnam’s judicial landscape presents unique hurdles for IP holders to enforce their rights. One significant challenge is the requirement for the claimant’s legal representative (typically the CEO/president), as explicitly displayed on the company’s business license, to sign all documents related to a lawsuit. This requirement clashes with the operational practices of many foreign companies, where multiple individuals may have the authority to represent the company. It is extremely impractical, especially in a large multinational conglomerate, for the CEO/president to personally execute all documents and transactions. Instead, authorized staff within these organizations, such as department heads or general counsel, typically handle these tasks. In this situation, Vietnamese courts often demand additional documentation to prove the officers’ authority, necessitating specific authorization documents that may not always be readily available. The courts sometimes remain unconvinced by declarations from the CEO/president affirming the authorization of these officers, and despite such assurances, they may still demand tangible proof of authorization, adding
Read More