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.