Laos White Paper

Somphob Rodboon, ILAWASIA’s Managing Partner, and Viphavanh Syharath, ILAW LAOS’s Corporate Lawyer as co-author, has contributed perspective on Laos jurisdiction as part of the “2024 Guide for Chinese Enterprises Going Global under the Belt and Road Initiative,” which was jointly developed by CBJ Think Tank, and other relevant partners, including ILAWASIA and our Lao office.

The Laos segment was officially launched during the “Responding to Changes and Development Amidst the Great Transformation – 2023 Annual Conference on Competitiveness of Chinese Enterprises” hosted by China Business Journal on the morning of December 12, 2023.


Introduction of Our Patent Practice

Our patent service spans across various jurisdictions, with our team’s deep understanding of both local patent regulations and international standards. This unique blend has allowed us to offer legal services to a diverse range of clients, from local startups to multinational corporations. Furthermore, our commitment to staying at the forefront of patent law developments means our strategies are always informed, innovative, and aligned with the rapidly evolving patent landscape.

ILAWASIA’s global reach and network of contacts allow the firm to provide its clients with seamless and efficient services for international patent matters.

Engage for more about our patent practice at this link : https://ilawasia.com/wp-content/uploads/2023/11/File-1-Business-Card-IP-Patent.pdf


Introduction of Our Japan Desk

In May 2023, ILAWASIA Co., Ltd. launched new practice group namely Japan Desk, which aims to provide comprehensive support and provide legal services to Japanese businesses and individuals.

Leading our Japan Desk are Somphob Rodboon, Managing Partner, and Gensei Ohama (大濵 巌生), a highly experienced attorney-at-law. With his extensive knowledge of Japanese business practices and legal expertise, Gensei is dedicated to delivering tailored solutions and support to our esteemed Japanese clients. Together, they bring an extensive experience and expertise in various legal practice areas, with a particular focus on the Japanese market. Our team’s depth of experience allows us to better understand the unique needs and challenges faced by our Japanese clients across different legal issues. We are committed to providing comprehensive support and legal services to Japanese companies operating in our jurisdiction, as well as foreign companies seeking to enter the Japanese market.

In addition to our legal expertise, we offer fluent English and Japanese language capabilities within our team, enabling us to communicate effectively with our Japanese clients, ensuring seamless collaboration and understanding throughout the legal process.

We are actively seeking to broaden our client base and establish long-term relationships with Japanese individuals, businesses, and law firms and we are eager to provide valuable legal guidance and support tailored to client’s specific requirements.

Service Focused:
• Corporate and Commercial
• Intellectual Property
• Litigation and Arbitration
• Investigation and Compliance
• Fraud and Corruption
• Labour Laws
• Breach of Contract

We look forward to working with you and appreciate the opportunity to be of service. Please feel free to contact us at japandesk@ilawasia.com

Engage for more about our Japan Desk at this link : https://ilawasia.com/wp-content/uploads/2023/11/JapanDeskBrochure_Horizontal-Current-3-1.jpg


ILAW LAOS ranked as Notable firm.

LAWASIA’s branch office in Lao PDR, named as ILAW LAOS, was chosen as Notable firm in the General Business Law practice area to the asialaw 2023 rankings, a legal directory featuring comprehensive analysis on Asia’s regional and domestic firms.

This recognition is first time of the ILAWASIA ranked in the asialaw directory for Laos jurisdiction.

ILAW LAOS was established since January 2021 and continued to be your services in corporate and commercial, as well as intellectual property.

For more details and to browse the full rankings, please visit https://www.asialaw.com/Jurisdiction/Laos/Rankings/341#rankings


Attorney Kanyamol has been recognized as ALB Thailand Rising Stars 2023.

We are delighted to share that Ms. Kanyamol Phupapeiw, Senior Litigation Associate of ILAWASIA Co., Ltd., has been recognized by Thomson Reuters’ Asian Legal Business (ALB) as one of Thailand Rising Star 2023 and published in Asian Legal Business Journal, September 2023 edition, page 28.

This recognition highlighted Thailand’s 30 lawyers who delivered exceptional performance and was chosen based on their significant deals and cases, as well as favorable compliments from key clients.

Kanyamol Phupapeiw is one of 30 Thai Rising Stars recognized this year, with a practice focus on litigation and arbitration. For nearly a decade, her expertise and experience have been instrumental in the development of ILAWASIA’s litigation department.

Many congratulations to Kanyamol for this well-deserved honor!

Follow this link for more of the Thailand Rising Stars coverage in the September 2023 issue of ALB: https://www.legalbusinessonline.com/sites/default/files/e-magazines/ALB-SEPTEMBER-2023-(ASIA-EDITION)/28/


ILAWASIA is recognized firm in tier 2 of Asia IP Patent Contentious Survey 2023 for second terms.

Based on feedback and research received from corporate counsel, IP owners, brand portfolio managers in the global and regional IP community.

We are honored to announce that ILAWASIA has received Tier 2 recognition for Patent Contentious, conducted by AsiaIP Patent Survey of 2023 and this recognition is consecutive terms since 2022.

ILAWASIA has previously been awarded by AsiaIP in the Trademark Survey Rankings 2023 and Copyright Survey Rankings 2023.

Throughout the years, ILAWASIA has advised some of our clients to obtain all the benefits of their patent assets including design patents, utility model, and invention patents.


Customs Regulation for protection of trademark rights

In Brief
Myanmar’s Ministry of Planning and Finance issued the Notification No. 50/2023 relating to the Customs Regulation for Protection of Trademark Rights on 14 July 2023.
The Customs Regulation set out the procedure of the recording and suspension of importing the counterfeit goods into the Union to protect the trademark rights.

Key Takeways
A. Application for recording
An applicant or its representative may apply the recordation to the Director General of Customs Department by filing out the general information on right holders, personal data of applicants and company profile of applicant with the form-1.
Detailed of suspected goods for applying recordation to be required in the form as follows;

Details Required documents
 ♦ Product Name  ♦ Trademark registration certificate (copy)
 ♦ Description of goods  ♦ Supporting materials/tools and detailed description of goods to make them recognizable
 ♦ Harmonized System (H.S Code)  ♦ Power of attorney
 ♦ Registration No. at Myanmar IP Department  ♦ Public announcement
 ♦ Registration date at Myanmar IP Department  ♦ Other necessary documents
 ♦ Duration of the right

If the application is complete and accurate, the Director General will provide a registration number and inform the result in Form-2 within 15 days from the date of acceptance the application. If the application is incomplete or inaccurate, the Director General will inform the result in Form-3 within 7 days from the date of acceptance the application.
The term of recordation is 2 years from the date of acceptance. The extension can be applied with Form-4 within 30 days before end of the two-year term.
If there are any changes on registered mark at Myanmar Intellectual Property Department (MIPD), the applicant shall inform to Customs Department within 3 working days from such changes.

B. Suspension order
An applicant may apply for a suspension order to the Director General of Customs Department by filing out general information of right holders, personal data of applicants and company profile of applicant with Form-5. If there is sufficient evidence that the goods affixed with the counterfeit mark, customs officer will suspend the importing of goods into the local.
Detailed description of suspected goods for applying suspension order to be required in the form as follows;

Details Required documents
 ♦ Trademark Right  ♦ Trademark registration certificate (copy)
 ♦ Description of the goods  ♦ Prima facie evidence of infringement
 ♦ Harmonized System (H.S Code)  ♦ Supporting materials/tools and detailed description of goods to make them recognizable
 ♦ Registration No. at Myanmar IP Department  ♦ Power of attorney
 ♦ Registration date at Myanmar IP Department  ♦ Public announcement
 ♦ Duration of the right  ♦ Other necessary documents
 ♦ The reason of application for suspension of release
 ♦ Importer of the suspected goods for suspension
 ♦ Exporter of the suspected goods for suspension

If the application is complete and accurate, the Director General will inform in Form-6 within 15 days from the date of acceptance the application. If the application is incomplete or inaccurate, the Director General will inform the result in Form-7 within 15 days from the date of acceptance the application.
The applicant shall pay a security deposit with the Customs Department within 5 working days from the notice of the acceptance of the application for the suspension order.
In the case of applying for a suspension order, the applicant and the importer must be informed of the acceptance of the issuance of the suspension order in Form-8.
If the importer is not satisfied with the suspension order, he may apply to the relevant Myanmar Intellectual Property Court to amend or revoke the suspension period and inform to the Director General of Customs Department within 15 days from the date of notification of the suspension order.

Miscellaneous

  • The following imported goods shall not be subject to the requirements of Customs Regulation;
  • De-minimis goods
  • Transshipment cargo
  • Reshipment cargo
  • Retention cargo
  • Transit trade cargo
  • Goods that are permitted to be imported by the government for public benefit or an emergency situation.

3rd terms of accomplishment as AsiaIP’s Expert in Thailand.

Success is never-ending. This year is the third term of success for Somphob Rodboon, a Managing Partner of ILAWASIA CO., LTD., to be one of the 50 remarkable AsiaIP’s Experts in Thailand for year 2023, acclaimed by Asia IP publishing. He has continuously led the firm’s accelerated growth in intellectual property in prosecution and contentious matters.

The list profiles leading IP lawyers in Thailand following extensive interviews with corporate counsel, and with significant feedback from IP practitioners.


Accredited member to International Trade Council

ILAWASIA Co., Ltd. has been ceritified as accredited member to International Trade Council.

The International Trade Council (ITC) is synonymous with bringing together global professionals across a broad spectrum of industries.


Revocation of Notarized POAs for any IP-related matters in Lao PDR

In Brief
On June 26, 2023 the Department of Intellectual Property, Ministry of Industry and Commerce, issued a Notice of revocation the attachment of notarization for certifying the original power of attorney.

Key Takeaways
The Department of Intellectual Property (DIP) has informed that the notarization of attachment that was used to authenticate the initial power of attorney has been revoked as the DIP intends to facilitate and enhance the procedures on the submission of the application and required documents for registration. It also includes the filling of additional documents that are original and no longer requires a notarization for the power of attorney as following details:
Power of Attorney
Deed of Inventorship
Assignment
Licensing
Declaration of Change of Name and/or Address

The representative companies that require for submission of the original power of attorney must apply the regulation or law concerning the power of attorney and must be responsible for the authenticity power of attorney. The DIP will inquire or verify based on a case-by-case basis, if there are any suspicions.

Conclusion
As the new notice of revocation the attachment of notarization for certifying the original power of attorney, has been announced. The original versions of the accompanying documents mentioned above are no longer necessary for notarization.

However, the Applicant required to submit the original of POA to accompanying the registration.

This notice takes effect from June 26, 2023 onwards. We would like to inform you for acknowledgement and compliance. Should you need further information on Laos Intellectual Property law, please drop us a line at IP@ilawasia.com