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Current status of the preparation for the Current status of the preparation for the accession to the Madrid system of Lao PDR accession to the Madrid system of Lao PDR
Presented by Mr. Ratsamy PHANTHAVONGPresented by Mr. Ratsamy PHANTHAVONG( DIP LAO PDR )( DIP LAO PDR )
Presentation
IntroductionIntroduction
BackgroundBackgroundgg
StrategyStrategy
Effort toward the accession the Madrid SystemEffort toward the accession the Madrid System Effort toward the accession the Madrid SystemEffort toward the accession the Madrid System
ConclusionConclusion
I d iIntroduction
Lao PDR is one country who has not yet joined the Madrid System, but we have commitment to be Madrid System, but we have commitment to be member by the year 2015 , because our main goal beside this is expecting to be member of WTO by the p g yyear of 2013 while we will export Lao products to world market that reflect to our preparation to join the Madrid System for the international trademark protection . Because the Madrid System is a F ili i f d k i i k Facilitating for trademark protection in export markets through a simple, expeditious and cost‐effective procedure procedure .
Background
L PDR i f th 86 WIPO b h tLao PDR is one of the 186 WIPO members who respect
and protect IP issues:
Initiate with IP activities since 1992.
Member of WIPO in 1995Member of WIPO in 1995
ASEAN Working Group on IP Cooperation in 1997
Paris Convention on protection of Industrial Paris Convention on protection of Industrial Property in 1998
Patent Cooperation treaty (PCT) in 2006 Patent Cooperation treaty (PCT) in 2006
Berne Convention being member from 14/03/2012
O l M d id P l i b M b i Only Madrid Protocol expecting to be Member in 2015
Madrid Union – 84 MembersMadrid Union – 84 Members
Lao PDR has commitment to
A t l 6
be member of the Madrid Protocol by the year 2015
Agreement only 6Protocol only 28Agreement and Protocol 50
(Including EC)
IP STRATEGYIP STRATEGYIP STRATEGYIP STRATEGY
Strengthen and harmonize IP legislation to Strengthen and harmonize IP legislation to comply with TRIPS agreement and other Conventions that Lao PDR is bound, so as to f ili L PDR i WTO b b facilitate Lao PDR accessing to WTO member by the year 2013 and Madrid System by the year 2015.
Use IP system to stimulate and promote trade Use IP system to stimulate and promote trade, investment, technology transfer and R&D in the countryy
Respect and Protect IP right owners by law to encourage inventiveness and creativeness of h i d human mind
Combat the IP rights Infringement and illegal business practicesbusiness practices.
Cooperate and Seek to join WIPO treaties
Effort toward the accession the Madrid SystemEffort toward the accession the Madrid SystemEffort toward the accession the Madrid SystemEffort toward the accession the Madrid System
National Laws & RegulationsThe Lao amended IP Law which is approved by the Lao National assembly in 20 December 2011 is being y gthe IP legal system in Lao PDR expecting to comply with TRIPS agreement and Madrid Systemg y
Organization
To be established as Department of Intellectual To be established as Department of Intellectual Property ( DIP )under the Ministry of Science and Technology ( MOST )Technology ( MOST )
Preparation
Research and Study the need and Necessary of Madrid System after WTO
Organization Chart of DIP
DIP
TM DivisionIPR
Settlement Division
Promotion & Development
Division
Copyright Division
General Affairs Division
Patent Division
Administration Trademark Patent & Petty
Patent
Copyright & Related Right Management
AppealDissemination
Industrial Design Copyright & Related right Promotion & Development
Media and Arbitration
Personal IPAS Madrid System
Plant variety Protection
pGeographical Indication
Planning & cooperation
Training
SOME ADVANTAGES and DIFFICULTIES
National System Madrid System
SOME ADVANTAGES and DIFFICULTIES
• many procedures • one proceduref f• many forms • one form
• many languages • one language• many fees • one set of fees• many fees • one set of fees• many currencies • one currency• many registrations • one registration• many registrations • one registration• many modifications • one modification
DIFFICULTY The impact on the work process and work flow dealingp p gwith their implications and requirement concerning toICT facilities
Madrid Protocol Filing
Country A
IP OfficeApplicants
1 Form in English
1 Currency
(Swiss Franc)WIPO Country B
Country C
Office of Or through IP International
D i t d
Origin
i li i
gRepresentative Agencies
International Bureau
Designated Contracting Parties
Basic application or registration
10
Representative if any
Conclusion
Lao PDR is still not yet joining have been interested to join to Madrid
P t l b t h ld t d t b tt d t di f th M d idProtocol, but we should study to better understanding of the Madrid
System and its costs and benefits to country’s economies.
As for DIP who is the focal point for IP issue, we are trying in our effort
to access to the said system. Hopefully, by this Program , I will report the
real advantage and difficulty of the Madrid system and experience
learned from JPO today to my high Authority for their consideration
f i t th M d id S t i th f tof accessing to the Madrid System in the near future.
Ending, I wish to thank WIPO as well as JPO
f i i L ti i t t it t for giving Lao participants opportunity to attend this important and useful workshop in beautiful city Tokyo .
Ratsamy PHANTHAVONG Department of Intellectual Property ( DIP Lao PDR )Department of Intellectual Property ( DIP Lao PDR )Ministry of Science and Technology ( MOST )
P. O. Box 2279, Nahaidiou Rd., Vientiane Capital , Lao PDR.pTel: 856-21-213470 / 240784 Fax: 856-21-213472
Website: www.most.gov.laE il h th @h t ilE-mail: [email protected]