A comparative Study Japanese Trademark System and Lao Trademark System

1. A comparative Study Japanese Trademark System and Lao Trademark System Presented by : Ms. Souligna SISOMNUCK Trademark Examiner Science Technology and Environment Agency Department of Intellectual Property Standardization and Metrology.

2. ❀ CONTENTS ❀ ❀ Purpose of the research. ❀ Comparison of Legal framework concerning IP Protection in both countries. ❀ Type of Trademark protection in both countries. ❀ Comparison of trademark system in both countries. ❀ Comparison of procedure of obtaining trademark rights in both countries. ❀ Trademark Examination Guideline. ❀ Recommendation based on research.

3. Purpose of research

4. ❀Legal Framework in both Countries Trademark Protection in Japan Trademark Protection in Laos Japanese Law relating Industrial Property Prime Minister’s Decree and regulation on trademark

5. Purpose of promulgated Lawand Prime Minister’s Decree Japanese Trademark Law Prime Minister’s Decree on TM

6. ❀Type of Trademark Japan Laos

7. Comparisonof trademark system between both countries • Japan • Laos

8. Comparisonof trademark system between both countries • Japan • Laos

9. Documents requirement when filing trademark application Japan Laos

10. Comparisonof trademark system between both countries Japan Laos

11. Comparisonof trademark system between both countries • Japan • Laos

12. Comparisonof trademark system between both countries • Japan • Laos Trial system Trial system

13. Comparisonof trademark system between both countries • Japan • Laos Opposition system Opposition system

14. Comparisonof trademark system between both countries • Japan • Laos

15. Filing Foreign Application non-residence Filing application for IPRs Protection in Laos. Filing Domestic application Authorized Agency in Lao PDR IP Office

16. Procedure of obtaining trademark rights in Lao P.D.R Application and fee received Formality Check Office Action Notification of filing and date number Office Action Substantive Examination Argument/Amendments Registration Decision Argument/ Reconsider Issuance of Certificate Publication Refusal

17. Publication of Unexamined Application Procedure of obtaining trademark rights in Japan Tm application Notification of Reason for refusal Formality check Written of Argument/ amendment Substantive Ex Decision of refusal Decision of Registration Appeal against Decision Of refusal Fee payment Registration Appeal Examination Public of TM Gazette Appeal Decision to Register TM Appeal Decision toRefusal Appeal for invalidation revocation Opposition to the grant Trademark Registration Appeal Ex Appeal to maintain the registration Examination Notification of reason Appeal Decision of Invalidation Revocation Decision of Revocation Decision to maintain the registration

18. Comparison of process of obtaining the trademark rights. Japan Laos 18

19. Comparison of examination guideline Japan Laos ❒ Trademark which is unclear not capable of distinguishing of the goods or services from those of other enterprises, ❒ Trademark is contrary to the national cultural morality and the public order, ❒ Trademark is likely to mislead the public or trade circle, in particular as regards the geographical origin and characteristics of the goods or services, ❒ Trademark is identical as imitation of or contains as an element, armorial bearing, flag or emblem and national typical culture or historical site, ❒ Trademark consist of abbreviation of any state, intergovernmental organization created by international convention, ❒ Trademark is identical with or confusingly similar to a trademark or trade name of goods or services which are widely well-known. ➣ Trademark can not be registered: ❒ Trademark is lack of distinctiveness; ❒ Trademark consisted solely and indicating in common way, common name of goods or services; ❒ Trademark customarily used in respect of goods or services; ❒ Trademark which indicates place of sale , raw material, quality of goods, price or method and the time of manufacturing; ❒ Trademark which do not enable the consumers to recognize the goods or services, as being connected with a certain person’s business; ❒ The trademark which falls under the any criteria of unregistered trademark.

20. ❀ Conclusion ❀ From comparative study Japanese trademark system and Lao trademark system which found some different points, in order to ensure the strong effective Intellectual Property protection system and modernization trademark system , I have some recommendation to IP office in Laos to take consideration based on this research. ✤ Issue intellectual property Law. ✤ Consideration of Trademark Examination Guideline; ✤ Modernization the trademark examination system; ✤ Promulgate and disseminate IP public awareness, particularly , distribution IP standard textbook to domestically junior schools, universities and research institutes; ✤ Taking consideration for laying-open un-examined application for public inspection; ✤ and other... The above recommendation, the IP office would require more assistance and close cooperation such fund and experts from international organizations, especially from World Intellectual Property Organization, Japan Patent Office and IP offices among ASEAN member countries.

21. Thank you