LAO/LAOS

Lao People's Democratic Republic

INTELLECTUAL PROPERTY RIGHTS

On May 25, 2018, the new Law on Intellectual Property No. 38/NA, dated
November 15, 2017 (the “New IP Law”), was officially published on the electronic
Lao official gazette. The New IP Law will be effective 15 days after its publication.
The New IP Law replaces the Law on Intellectual Property No. 01/NA, dated
December 20, 2011.

The New IP Law aims to provide the Lao government with a means to provide
support for trade and investment, and the capacity to compete according to the rules
and mechanisms of a modern market economy. This approach endeavors to move
the country towards the ASEAN single market economy. Intellectual property
protection system has become a real tool for economic development, trade, and
investment, and research and development of innovation. Additionally, local
authorities wish to promote local products by means of trusted brands or labels, such
as geographical indications, which would enable these products to penetrate foreign
markets, and to provide further international exposure to Laos. The government
seeks to support the development of SMEs, which remain a priority for more
sustainable growth within the country. The New IP Law is part of the Lao
government’s plans to diversify its economy, which presently relies too much on
natural resources (hydro-power plants, timber, mining, etc.).

Further regulatory provisions related to the New IP Law will certainly support
and provide clarification on procedures (administrative remedies, Customs recordal,
etc.), while focusing on specific issues of concern (online infringement) that the
authorities are endeavor to tackle in the country.

We set out some of the main amendments of the New IP Law below.

CONSTITUTION / BASIC LAW

Constitution of The Lao People's Democratic Republic (2003)
Main IP Laws: enacted by the Legislature
Law No. 38/NA of November 15, 2017, on Intellectual Property (2018)

IP LAWS: ISSUED BY THE EXECUTIVE

Decree No. 01/PM of Prime Minister on Patent, Petty Patent and Industrial Designs
(2002)
Decree No. 205/PM of October 11, 2001, on Import and Export Management (2001)
Decree No. 105/PO of November 6, 1998, of the President of the Lao People's
Democratic Republic on the Promulgation of the Law on Agriculture (1998)
Decree No. 03/PR of June 20, 1997, on the Preservation of Cultural, Historical and
Natural Heritage (1997)
Decree No. 06/PM of Prime Minister on Trademarks Registration (1995)
IP-related Laws: enacted by the Legislature
Customs Law (2005)
Law No. 11/NA on Enterprises (2005)
Penal Law (2005)
Tax Law (2005)
Decree No. 15 /PMO on Trade Competition (2004)
Law on Civil Procedure Law (2004)
Law on the Promotion of Foreign Investment (2004)
Penal Procedure Law (2004)
Law No. 02/NA on Telecommunications (2001)
Law No. 01-98/NA of October 10, 1998, on Agriculture (1998)
Law No. 08/NA on National Heritage (1995)
Law on Property (1990)

CYBER CRIME LAW/ACT

Lao People’s Democratic Republic

Peace Independence Democracy Unity Prosperity

National Assembly No. 61/NA

Vientiane Capital, 15 July 2015
Law

On Resistance and Prevention of Cybercrime

Part I

General Provision

Article 1 Objectives

This Law determines the principles, regulations and measures regarding the
management, monitoring of cybercrime resistance and prevention activities in order
to enable the effectiveness of such activities with the aim to resist, prevent, restrain
and eliminate the crime, to protect database system, server system, computer data
and to guarantee the security of the nation, the peace and orderliness of the society,
the ability to link with regional and international network, and to contribute in the
protection and development of the national socio-economic in a progressive and
sustainable manner.

Article 2 Cybercrime Resistance and Prevention

Cybercrime is a wrongful act in the computer system that cause the loss to
the state, individuals, legal entities, organizations and society based on the behavior
specified in Article 8 of this Law.

Cybercrime resistance and prevention is an activity to restrain, eliminate,

suppression of individuals, legal entities and organizations that have direct rights and
duties in finding out and implementing the cybercrime resistance and prevention
activities as specified in Article 19 and 24 of this law.
Cybercrime-Prone Behaviour

Article 8 Cybercrime-Prone Behaviour

The cybercrime-prone behaviour includes:

Disclosure of safeguarding measures for accessing computerized system;

Unauthorized accessibility to computerized system;
Censoring of content, photos, moving pictures, sound and video without
authorization;
Stealing data in the computerized system without authorization;
Causing the losses through online social media;
Dissemination of pornography through computerized system;
Interference of computerized system;
Forgery of computer data;
Destruction of computer data;
Business operation related to computerized system cybercrime tools.
Article 9 Disclosure of Safeguarding Measures for Accessing Computerized System

Disclosure of safeguarding measures for accessing computerized system is to bring

special safeguarding measures for disclosure without authorization which causes
damage to the state, individuals, legal entities, organizations and society.

Article 10 Unauthorized Accessibility to Computerized System

The unauthorized accessibility to computerized system is the use of electronic

apparatus in the computerized system with special safeguarding measures or to
steal commercial, financial data, confidentiality and other data of individuals, legal
entities and organizations.

Article 11 Censoring of Content, Photos, Moving Pictures, Sound and Video

without Authorization

Censoring of content, photos, moving pictures, sound and video without

authorization is to re- build, add or adapt from the original version through the
electronic method or other methods in order to disseminate through the
computerized system which cause the loss to individuals, legal entities and
organizations concerned.

Article 12 Stealing Data in the Computerized System without Authorization

Stealing data in the computerized system without authorization is to catch up data

being received or transferred through the computerized system by using electronic
apparatus.

Article 13 Causing the Loss Through Online Social Media

Causing the loss through online social media is demonstrated by the following
actions:

1. Bringing in computer data with slanderous, insulting and impolite wording to the
computerized system;

2. Bringing into the computerized system any data with violence character, false
data, cheat data, and untrue data;

3. Bringing computer data which cause destruction to the national security, peace,
social orderliness, fine culture and tradition of the nation;

4. Bringing computer data with the nature of persuading, exhorting and encouraging
the people to resist the Government or to break solidarity;

5. Advertisement for trading of drug, war weapon, chemical weapon, human

trafficking, prostitution, prostitution, trading of prostitute and other illegal activities;

6. Dissemination or forward computer data as specified in Article 11 and 14 of this

law, including item 1, 2, 3, 4 and 5 of this Article.

Article 14 Dissemination of Pornography through the Computerized System

Pornography is data with clear content such as photo, moving picture, sound and
video relating to sex organ and human sexual behavior.

Dissemination of pornography through the computerized system is to trade,

distribute, transfer, advise and dissemination of data as specified in paragraph 1
above.

Article 15 Disturbance to Computerized System

Disturbance to computerized system is the following actions:

1. The application of computer program, virus or other apparatus in order to hinder or

destroy the operation of computerized system;
2. Sending computer data or electronic mail through the concealment of address or
origin of the sender in order to disturb and/or destroy the operation of computerized
system.

Article 16 Falsification of Computerized System

The falsification of computerized system is the use of computer or

computerized system and electronic apparatus in order to change the computer data
through the following action:

1. Input data, changing data, falsifying electronic address or deleting data in the
computerized system that cause any computerized data being changed from the
original data on purpose;

2. Input and change data relating to financial transaction, trade, confidentiality and
other data of individuals, legal entities, organizations without authorization;

3. Setting fake website in order to cheat, a deception to push the users of

computerized system or the internet to provide the deposit account information,
credit card code, internet application code, code for internet user and other data.

Article 17 Demolition of Computer Data

Demolition of computer data is to erase, edit and/or the changes in the

computer data or data in the computerized system in order to make such data or
such computerized system damages and differ from the original data.

Article 18 Business Operation relating to Cyber Crime Apparatus

Business peration relating to cybercrime apparatus is to build a new specific

program, production, import, possession, trading, distribution, publication or
recommendation of such apparatus, such as computer program or computer data
design in order to build cybercrime.

FIREARMS SMUGLING ACT/LAW

LAO PEOPLE’S DEMOCRATIC REPUBLIC

PEACE INDEPENDENCE DEMOCRACY UNITY PROSPERITY
________________
President’s Office No.04/PO
9 January 1990
DECREE
of the
PRESIDENT
of the
LAO PEOPLE’S DEMOCRATIC REPUBLIC

On the Promulgation of the Penal Law

Pursuant to the resolution dated 2 December 1975 of the people’s
representatives of the country on the appointment of the President;
 Pursuant to the Law No. 4/SPA dated 19 April 1988 on the Supreme People’s
Assembly of the Lao People’s Democratic Republic; [and]
Pursuant to [the letter] No. 29/SPA, dated 23 December 1989, of the fourth
session of second Supreme People’s Assembly on the adoption of the Penal
Law.
The President of the Lao People’s Democratic Republic
Decrees That:
Article 1. The Penal Law is hereby promulgated.
Article 2. This decree shall enter into force on the date it is signed.
Vientiane, 9 January 1990
The President of the Lao People’s
Democratic Republic
[Seal and Signature]
Phoumy VONGVICHIT

Article 76.
Unlawful Production, Possession and Use of Weapons or Explosives
Any person producing, possessing, keeping, wearing or using weapons of
war37 or explosives in contravention of the laws shall be punished by six months to
five years of imprisonment and shall be fined from 500,000 Kip to 10,000,000 Kip.

Article 77.
Unlawful Trade in Weapons or Explosives
Any person purchasing and selling weapons of war or explosives in
contravention of the laws shall be punished by six months to five years of
imprisonment and shall be fined from 1,000,000 Kip to 20,000,000 Kip.
Any person purchasing and selling weapons of war or explosives as a regular
profession, as part of an organised group or in a substantial quantity, shall be
punished by five to ten years of imprisonment and shall be fined from 5,000,000 Kip
to 50,000,000 Kip.

Article 78.
Theft, Misappropriation, Robbery of Weapons or Explosives
Any person obtaining weapons of war or explosives through theft,
misappropriation or robbery shall be punished by two to five years of imprisonment
and shall be fined from 2,000,000 Kip to 25,000,000 Kip. Any person obtaining
weapons of war or explosives through theft, misappropriation or robbery as a regular
profession, as a part of an organized group or in a substantial quantity, shall be
punished by five to ten years of imprisonment and shall be fined from 5,000,000 Kip
to 50,000,000 Kip.

Article 79.
Loss of Weapons or Explosives Belonging to the State orCollectives
Any person negligently causing the loss of weapons of war or explosives
belonging to the State or collectives shall be punished by three months to three
years of imprisonment or by re-education without deprivation of liberty, and shall be
fined from 100,000 Kip to 1,500,000 Kip.
Article 80.
(New) Offence Relating to Chemical Weapons Chemical weapons consist of
toxic or poisonous38 substances used for human destruction.

Any person who engages in the production, sale, purchase, handing over,
exchange, possession or transport of chemical substances for the production of
chemical weapons shall be punished as follows:
• [Any of the above acts involving chemical substances] under five thousand grams
shall be punished by five years to six years of imprisonment and shall be fined from
5,000,000 Kip to 6,000,000 Kip;

• [Any of the above acts involving chemical substances] exceeding five thousand
grams and up to ten thousands grams shall be punished by six years to eight years
of imprisonment and shall be fined from more than 6,000,000 Kip to 8,000,000 Kip;

• [Any of the above acts involving chemical substances] exceeding ten thousand
grams shall be punished by eight years to ten years of imprisonment and shall be
fined from more than 8,000,000 Kip to 10,000,000 Kip. Any person who engages in
the production, sale, purchase, handing over, exchange, possession or transport of
[chemical weapons], or in inciting or promoting the use of chemical weapons, shall
be punished as follows:

• [Any of the above acts involving chemical substances] under five thousand grams
shall be punished by seven years to eight years of imprisonment and shall be fined
from 100,000,000 Kip to
200,000,000Kip;

• [Any of the above acts involving chemical substances] exceeding five thousand to
ten thousands grams shall be punished by eight years to ten years imprisonment
and shall be fined from more than 200,000,000 Kip to 300,000,000 Kip;

• [Any of the above acts involving chemical substances] exceeding ten thousands
grams shall be punished by ten years to twelve years imprisonment and shall be
fined from more than 300,000,000 Kip to 500,000,000Kip.

HUMAN TRAFICKING

LAO PEOPLE’S DEMOCRATIC REPUBLIC

PEACE INDEPENDENCE DEMOCRACY UNITY PROSPERITY
________________
President’s Office No.04/PO
9 January 1990
DECREE
of the
PRESIDENT
of the
LAO PEOPLE’S DEMOCRATIC REPUBLIC

On the Promulgation of the Penal Law

Pursuant to the resolution dated 2 December 1975 of the people’s
 representatives of the country on the appointment of the President;
Pursuant to the Law No. 4/SPA dated 19 April 1988 on the Supreme People’s
Assembly of the Lao People’s Democratic Republic; [and]
Pursuant to [the letter] No. 29/SPA, dated 23 December 1989, of the fourth
session of second Supreme People’s Assembly on the adoption of the Penal
Law.
The President of the Lao People’s Democratic Republic
Decrees That:
Article 1. The Penal Law is hereby promulgated.
Article 2. This decree shall enter into force on the date it is signed.
Vientiane, 9 January 1990

ARTICLE 134. (NEW) HUMAN TRAFFICKING

Human trafficking means the recruitment, moving, transfer, harbouring, or
receipt of any person within or across national borders by means of deception,
threats, use of force, debt bondage or any other means49 [and using such person in]
forced labour, prostitution, pornography, or anything that is against the fine traditions
of the nation, or removing various body organs [of such person], or for other unlawful
purposes.
Any of the above-mentioned acts committed against children under 18 years
of age shall be considered as human trafficking even though there is no deception,
threat, use of force, or debt bondage.
Any person engaging in human trafficking shall be punished by five years to
fifteen years of imprisonment and shall be fined from 10,000,000 Kip to 100,000,000
Kip.
Where human trafficking is performed as a regular profession or in an
organised group, where the victims are children, where there are two or more
victims, where any victim is a close relative of the offender, or where any victim
suffers serious injury or becomes an invalid or insane, the offender committing
human trafficking shall be punished by fifteen to twenty years of imprisonment and
shall be fined from more than 100,000,000 Kip to 500,000,000 Kip and his property
shall be confiscated as provided in Article 34 of this law.
When the offence causes the victim to be a lifetime invalid, to be infected with
HIV, or to die, the offender in human trafficking shall be punished by life
imprisonment and shall be fined from more than 500,000,000 Kip to 1,000,000,000
Kip and his property shall be confiscated as provided in Article 34 of this law. For
trafficking in women and children, provisions of the Law on the Development and
Protection of Women may be used.
Any attempt to commit such an offence shall also be punished.