Agreement on Administrative Settlement of Industrial Property and New Plant Variety Registrations
协议——关于工业产权及新植物品种登记的行政解决
ຂໍ້ຕົກລົງ ວ່າດ້ວຍ ການແກ້ໄຂທາງດ້ານບໍລິຫານ ກ່ຽວກັບ ການຈົດທະບຽນ ຊັບສິນອຸດສາຫະກຳ ແລະ ພັນພືດໃໝ່
Summary
This Agreement issued by the Ministry of Industry and Commerce, pursuant to Article 130 of the Law on Intellectual Property, stipulates principles, regulations, and procedures for administrative resolution of objections, rejections, cancellations, or revocations of registrations of industrial property and new plant varieties, covering submission and acceptance of applications, deliberation and resolution, Administrative Resolution Committee and experts, prohibited matters, and management responsibilities.
Articles
Article 1
Purpose. This Agreement stipulates the principles, regulations, and procedures for administrative resolution of applications for registration of industrial property rights and new plant varieties, in order to implement and detail Article 130 of the Law on Intellectual Property, aiming to ensure that the registration of industrial property rights and new plant varieties is correct and in accordance with laws and regulations, and to achieve uniformity nationwide.
Article 2
Administrative Resolution of Industrial Property and New Plant Variety Registrations. Administrative resolution of industrial property and new plant variety registrations refers to the process by which the Administrative Resolution Committee resolves objections, rejections, cancellations, or applications for revocation concerning industrial property and new plant variety registrations in accordance with the procedures stipulated in this Agreement. The administrative resolution of industrial property and new plant variety registrations shall be conducted in the Lao language and shall adhere to the principles of voluntariness, fairness, equality, and confidentiality.
Article 3
Interpretation of Terms. The terms used in this Agreement have the following meanings: 1. Applicant, refers to an individual, legal entity, or organization filing an application for administrative resolution regarding the registration of industrial property rights and new plant varieties; 2. Respondent, refers to an individual, legal entity, or organization against whom an opposition, rejection, or cancellation is filed regarding the registration of industrial property rights and new plant varieties; 3. Parties, refers to the applicant and the respondent; 4. Application, refers to the dossier filed for administrative resolution regarding the registration of industrial property rights and new plant varieties; 5. Power of Attorney, refers to a written document by which the applicant or respondent authorizes one or more persons to perform duties in administrative resolution; 6. Representative, refers to a lawyer or agent authorized by the applicant or respondent to submit applications, defenses, or conduct other matters in the administrative resolution of industrial property rights and new plant variety registration; 7. Opposition, refers to objecting to a request for a patent, utility model right, or a request for registration of an industrial design, trademark and trade name, layout-design of integrated circuit, geographical indication, or new plant variety; 8. Rejection, refers to rejecting a request for a patent, utility model right, or a request for registration of an industrial design, trademark and trade name, layout-design of integrated circuit, geographical indication, or new plant variety that does not meet the conditions and prohibitions stipulated in the Law on Intellectual Property; 9. Cancellation or Revocation, refers to submitting an application for partial or full cancellation or revocation before or after the grant of a patent or utility model right, or before or after the registration of an industrial design, layout-design of integrated circuit, geographical indication, or new plant variety, or ceasing the use of a trademark or trade name that does not meet the conditions stipulated in the Law on Intellectual Property.
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