ASSIGNMENT OF INDUSTRIAL PROPERTY RIGHTS IN LAO PDR

An assignment of industrial property rights is a transaction through which an owner or applicant transfers rights in a patent, petty patent, industrial design or trademark to another individual or organization, within the scope permitted under Lao law.

The assignment must be made in writing and recorded with the Department of Intellectual Property (DIP) under the Ministry of Industry and Commerce of Lao PDR so that the assignee may be registered as the new applicant or owner in the relevant file and register.

1. Legal basis

• Applicable legislation: Law on Intellectual Property No. 50/NA dated November 20, 2023, effective from January 24, 2024.
• Assignment provision: Article 47 permits an owner to transfer all or part of its industrial property rights under a written agreement and subject to registration with the competent authority.
• Competent authority: Department of Intellectual Property (DIP), Ministry of Industry and Commerce of Lao PDR.
• Applicable rights: Patents, petty patents, industrial designs, trademarks and the corresponding applications, depending on the legal status of each subject matter.

2. Requirements for recordal

• Written instrument: The assignment must be evidenced by an assignment agreement or another written instrument validly signed by the assignor and the assignee.
• Scope of assignment: The instrument should clearly identify the relevant right, application or registration number, scope of rights transferred and effective date of the assignment.
• Partial assignment: Where only part of a right, part of a list of goods or services, or an ownership share is assigned, the transferred scope must be clearly defined and permitted for the relevant type of industrial property right.
• Authority to sign: Each signatory must be duly authorized to represent the relevant party. DIP may request documents evidencing the signatory’s title or authority.
• Language: Documents executed in another language must be accompanied by a Lao translation where required by DIP.
• Recordal with DIP: The parties should complete the recordal procedure to update the ownership details and establish a clear basis for renewal, maintenance, licensing and enforcement in Lao PDR.

3. Documents required

• Application form: Request for recordal of assignment in the form prescribed or accepted by DIP.
• Assignment instrument: Assignment agreement or other document evidencing the transfer, signed by both the assignor and the assignee.
• Details of the right: Copy of the relevant patent, petty patent, registration certificate or document identifying the pending application.
• Power of Attorney: Power of Attorney appointing a representative in Lao PDR to carry out the recordal procedure.
• Corporate documents: Business registration certificates or other documents confirming the names, addresses and legal status of the parties, if requested by DIP.
• Evidence of signing authority: Appointment decision, internal authorization or equivalent document where the signatory is not the legal representative.
• Lao translation: Lao translation of the assignment instrument and other foreign-language documents.
• Official fee receipt: Evidence of payment of the official fees applicable on the filing date.

4. Recordal procedure

5. Processing time and costs

• Estimated processing time: Approximately 6–12 months from the date on which DIP receives a complete and compliant filing.
• Relevant factors: The type and number of rights involved, scope of the assignment, requests for additional documents and DIP’s workload.
• Statutory period: Lao law does not prescribe one uniform processing period for every assignment recordal. The above estimate is therefore indicative and should not be treated as a guaranteed deadline.
• Costs: Costs may include official fees, translation, notarization or legalization expenses, where applicable, and local representation fees.

6. Important notes

• Consistency of information: The names and addresses stated in the assignment agreement must correspond with the parties’ legal documents and DIP’s existing records.
• Unrecorded name or address changes: If the assignor’s current details have not been recorded with DIP, a separate change-of-name or change-of-address recordal may be required before or together with the assignment request.
• Multiple rights: A complete schedule of application numbers, registration numbers, subject matter and assigned scope should be prepared to prevent any right from being omitted.
• Maintenance and renewal deadlines: Filing an assignment request does not automatically maintain or renew the assigned rights. Any maintenance or renewal fees falling due must be handled separately.
• DIP office actions: Any request for amendment, clarification or additional documents must be answered within the applicable period to avoid refusal or delay.

7. Vietnam IP services

• Legal status review: Verification of ownership, validity, scope of protection and pending procedures relating to the relevant applications or registered rights in Lao PDR.
• Transaction advice: Advice on the subject matter, scope and appropriate recordal structure for the proposed assignment.
• Document preparation: Preparation or review of the assignment agreement, request form, Power of Attorney and schedule of relevant applications or registrations.
• Formality guidance: Instructions on execution, notarization, certification, legalization and translation requirements.
• Filing representation: Coordination with a Lao representative to file the request, monitor its status and report progress.
• Response to DIP: Preparation of amendments, explanations and supporting documents in response to DIP’s notices.
• Completion review: Verification of the recordal result and advice on subsequent maintenance, renewal or licensing procedures.