A comparative Study Japanese Trademark System and Lao Trademark System Presented by : Ms. Souligna SISOMNUCK Department of Intellectual Property Standardization and Metrology.
A comparative Study Japanese Trademark System and Lao Trademark System
Presented by : Ms. Souligna SISOMNUCKDepartment of Intellectual Property Standardization
and Metrology.
CONTENTS• Purpose of Research• Methodology of Research• The difference between Legal
Framework in both countries• IPRs Protection in both countries• IP Rights• Type of Trademark• Examination System in both countries
Purpose of Research
To develop effective trademark
system
Modernization of IP System
Ensure effective IP protection
Toencourage Trademarkprotection
MethodologyOf Research
Review of IPRSDocument
InterviewVisiting
Participation IPTraining
and Seminar
Legal Framework in both Countries
Japanese Law relatingIndustrial Property
Prime Minister’sDecree and regulation
on trademark
IPRs Protection in Japan
IPRs Protection in Lao
Purpose of promulgated Japanese Trademark Law
Ensure Business Reputation by
protectingtrademark
Development of Industries
Protectconsumers
purpose
History of change Industrial Property Law in Japan.
Since 1884 trademark Ordinance was adopted, the trademark Law has been revise and amended from time to time in order to comply with requirements under various international treaties and to match the ever changing economic situation.
Purpose of promulgated Prime Minister’s Decree on Trademark
Suppress thefraudulence of goods
andillegal commerce
Stimulate Internal and External commerce
Protect consumers
Encourage andPromote foreign
investment
purpose
Lao IP law is in the process of considering for approval.
IP Law
IndustrialProperty
GeographicalIndicationCopyright
New PlantVariety
Industrial Property Rights
Patent
UtilityModel
Design
Trademark
Focusing on Trademark Registration System
Protection of Trademark in Japan
Intellectual Property
Commercial Indication Intellectual Work
Trademark Geographic Indication
Tradename CopyrightDesignUtility
ModelPatent
Registeredtrademark
UnregisterWell-knowntrademark
Types of trademarks protection in Lao:
Figurative mark
Type of TrademarkProtection
In Lao
Trademark
Collectivemark
Certification mark
Service mark
Filing application for IPRs Protection in Lao.
IP Office
Domesticapplication
AuthorizedAgency in Lao PDR
ForeignApplicationnon-resident
Procedure of obtaining trademark rights in Lao P.D.R
Application and fee received
Formality Check
Notification of filing and date number
Substantive Examination
Registration
Issuance of Certificate
Publication
Office Action
Office Action
Argument/Amendments
Decision
Argument/ Reconsider
Refusal
Examination trademark application.
In Lao, after receiving application for trademark registration
- Do formality check the application,- Issue the official receipt with filing number and date- During 6 months from filing date, the examiner will do
substantial examination and issue certificate and public in the official trademark gazette.
◆ In case the application is not completed, the examiner will inform the applicant for amendment.
◆ In case the applications of a trademark registration is rejected, the examiner will notify in writing and give them opportunity to submit argument and evidence in relation to the rejection within 90 days from date of rejection.
◆ No provision for Opposition to registration and Trial provision yet.
Procedure of obtaining trademark rights in Japan
Tm application
Formality check
Substantive Ex
Fee payment Registration
Public of TM Gazette
Appeal Ex
Decision of Registration
Appeal for invalidationrevocation
Publication of Unexamined Application
Notification of Reason forrefusal
Written of Argument/amendment
Notification ofreason
Opposition to the grant Trademark Registration
Appeal Decision toRegister TM
Appeal against DecisionOf refusal
Appeal Decisionto Refusal
Appeal Examination
Decision of refusal
Examination
Decision to maintain the registration
Decision ofRevocation
Appeal Decision of Invalidation Revocation
Appeal to maintain the registration
◆ In Japan, after receiving the trademark application
• JPO will make publication of unexamined application for content of application in the official gazette
- Do formality examination, where it fulfills the necessary and formal requirement. If there is some document missing an invitation will be make
- If the substantive requirement of application is fulfilled, there no reason for refusal, decision to register trademark will be made by examiner with 30 days from date of transmittal of examiner’s decision that the trademark registration is to be effected.
- As for the trademark right which has been register, the contents are published on the trademark gazette.
◆Any person may file an opposition to the decision to register a trademark with JPO.
Why I need to comparative study Japanese Trademark System and Lao Trademark System
◆ Since Japanese trademark jurisprudence is conceptually well-developed, it has been considered as model of the study.
◆ Further step to develop and improve trademark system in Lao
◆ Need to increase the number of domestic application for protection of IPRs.
◆ To make people in the country understand and make more use of IP protection system
◆ To encourage people in the country to create and seek commercial benefit from IP
◆ Japan has long experience in IP protection system and a lot of material for making research.