Agreement on Settlement of Administrative Disputes Concerning Registration of Industrial Property, Plant Varieties, Copyright and Related Rights
关于工业产权、植物新品种、版权及相关权利登记行政争议解决协议
ຂໍ້ຕົກລົງວ່າດ້ວຍ ການແກ້ໄຂຂໍ້ຂັດແຍ່ງທາງດ້ານບໍລິຫານ ກ່ຽວກັບການຈົດທະບຽນຊັບສິນອຸດສາຫະກຳ, ພັນພຶດໃໝ່, ແຈ້ງລິຂະສິດ ແລະ ສິດກ່ຽວຂ້ອງກັບລິຂະສິດ
Summary
This agreement addresses administrative disputes arising from registration of industrial property, new plant varieties, copyright, and related rights in Laos, specifying dispute resolution principles, application submission procedures, and required document formats.
Articles
Article ມາດຕາ 1
Article 2 Administrative Dispute Resolution Administrative dispute resolution concerning the registration of industrial property, new plant varieties, copyright and related rights is the process of handling proposals regarding opposition, refusal, cancellation or invalidation of industrial property and new plant variety registrations, interpretation, and invalidation of copyright and related rights registrations by the Administrative Dispute Resolution Committee.
Article ມາດຕາ 2
Article 2 Definition of Terms
The terms used in this Agreement shall have the following meanings:
1. “Applicant” means a person, legal entity or organization that owns intellectual property or is protected in the Lao PDR and files a request for administrative dispute resolution concerning the registration of industrial property, new plant varieties, copyright and related rights;
2. “Respondent” means a person, legal entity or organization against whom an opposition, refusal or cancellation is filed concerning the registration of industrial property, new plant varieties, copyright and related rights;
3. “Application” means a document, including in electronic form, filed for opposition, notice of refusal, revocation or cancellation of registration and administrative dispute resolution concerning industrial property, new plant varieties, copyright and related rights;
4. “Power of attorney” means a written document by which the applicant or respondent authorizes one or more persons to act on their behalf in administrative dispute resolution concerning the registration of industrial property, new plant varieties, copyright and related rights;
5. “Representative” means an agent, collective management organization authorized by the applicant or respondent to file applications, responses or take other actions in administrative dispute resolution concerning the registration of industrial property, new plant varieties, copyright and related rights;
6. “Opposition” means an objection to an application for a patent, petty patent or registration of an industrial design, trademark, integrated circuit layout design, geographical indication and new plant variety;
7. “Refusal” means the rejection of an application for a patent, petty patent or registration of an industrial design, trademark, integrated circuit layout design, geographical indication and new plant variety that does not comply with the conditions and prohibitions as stipulated in the Law on Intellectual Property;
8. “Cancellation” means the filing of an application for total cancellation of a patent, petty patent, industrial design, integrated circuit layout design, trademark, geographical indication, new plant variety, copyright registration and related rights that does not comply with the conditions as stipulated in the Law on Intellectual Property;
9. “Revocation” means the filing of an application for partial revocation of a patent, petty patent, industrial design, integrated circuit layout design, trademark, geographical indication and new plant variety that does not comply with the conditions as stipulated in the Law on Intellectual Property by the right holder, owner, third party or organization;
10. “Interpretation” means the interpretation of copyright and related rights in a work as to whether or not it constitutes copyright and related rights.
Article ມາດຕາ 3
Article 4 Principles of Administrative Dispute Resolution
The resolution of administrative disputes concerning the registration of industrial property, new plant varieties, copyright and related rights shall follow the following principles:
1. Voluntariness of the parties;
2. Ensuring fairness, promptness and compliance with the law;
3. Equality of the parties;
4. Conduct in the Lao language;
5. Confidentiality.
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