A CASE STUDY COMPARE THE LEGAL MEASURES ON WELL-KNOWN MARKS PROTECTION IN LAO PEOPLE'S DEMOCRATIC REPUBLIC WITH FOREIGN COUNTRIES

Abstract

Abstract

This research article aims at studying the theories and laws concerning well-known marks protection of Lao PDR, foreign countries and international principles - Paris Convention for the Protection of Industrial Property, TRIPS Agreement and the World Intellectual Property Organization. This study leads the ways to the conclusion and suggestion to improve legal measures on the protection of well- known marks in the Lao PDR. This research is documentary research by collecting, analyzing document data and comparing the legal measures of Lao PDR with Thailand and China.

The results of research study found that the legislations of well-known marks protection of Lao PDR were relatively consistent to the international principles. However, there are still some requirements that do not meet the requirements of the international principles. Apart from that, in comparison the legal measures on the protection of well-known marks of Lao PDR with Thailand and China found that the Constitution, the Penal Code and the Civil Code of those three countries do not have any specific provisions on the protection of well-known marks in particularly. However, the laws of these jurisdictions have some similarities and differences and the law of Lao PDR does not have a clear principle provisions on how to protect well-known trademarks that are not registered in the country. Therefore, it is suggested that there should be improvements and amendments laws or any legislations to protect well-known marks more effectively such as setting criteria for consideration, protection across categories of goods and services and also the creation of regulations or manuals on the protection of well-known marks in particularly.