LAOS
Since October 2023
Pillar Intermediary liability |
Indicator User identity requirement
Agreement on the Management of Telecommunications and ICT Equipment, No. 3583/KTS
According to the January 30, 2023 notice issued by the Office of the Ministry of Technology and Communications (MTC) concerning the Agreement on the Management of Telecommunications and ICT Equipment (No. 3583/KTS), from October 1, 2023, mobile phone users are required to register their SIM cards. This registration process involves submitting photographic copies of various identification documents, including ID cards, driver’s licenses, family registration books, and resident certificates.
Coverage Telecommunications sector
LAOS
N/A
Pillar Intellectual Property Rights (IPRs) |
Indicator Effective protection covering trade secrets
Lack of comprehensive regulatory framework covering trade secrets
Laos does not possess a comprehensive legal framework to ensure the effective protection of trade secrets, though certain measures exist to address related issues. Art. 53 of Law No. 50/NA of 20 November 2023 on Intellectual Property (ກົດໝາຍວ່າດ້ວຍ ຊັບສິນທາງປັນຍາ, ເລກທີ 50/ສພຊ, ລົງວັນທີ 20 ພະຈິກ 2023), defines the rights of trade secret proprietors. According to Art. 20, a trade secret is characterised as "secret information which cannot be disclosed regarding a formula, production process, or any information that has commercial value by virtue of not being known among or readily accessible to individuals within the circles that normally deal with the type of information in question." This legislation came into force in January 2024, superseding Law No. 38/NA of 15 November 2017 on Intellectual Property (ກົດໝາຍວ່າດ້ວຍ ຊັບສິນທາງປັນຍາ, ເລກທີ່ 38/NA ຂອງວັນທີ 15 ເດືອນພະຈິກປີ 2017), which included similar provisions in Arts. 20 and 61.
It has been reported that the absence of a dedicated legal framework for the protection and enforcement of trade secrets poses considerable challenges, particularly for foreign entities operating within Laos.
It has been reported that the absence of a dedicated legal framework for the protection and enforcement of trade secrets poses considerable challenges, particularly for foreign entities operating within Laos.
Coverage Horizontal
Sources
- https://www.wipo.int/wipolex/en/legislation/details/22624
- https://web.archive.org/web/20240925191607/http://laoofficialgazette.gov.la/kcfinder/upload/files/50%20%E0%BA%AA%E0%BA%9E%E0%BA%8A%2020.11.2023.pdf
- https://web.archive.org/web/20231222180239/https://internationalipcooperation.eu/sites/default/files/arise-docs/2019/Lao-PDR_Law-on-Intellectual-Property-No-38_15-11-2017_Eng.pdf
- https://www.lexology.com/library/detail.aspx?g=db6fe766-a1e0-48b1-a21a-15edf342c3ad
- Show more...
LAOS
N/A
Pillar Telecom infrastructure & competition |
Indicator Passive infrastructure sharing obligation
Lack of obligation to share passive infrastructure
It is reported that Laos has no obligation for passive infrastructure sharing in the country to deliver telecom services to end users. However, it is practised in both the mobile and fixed sectors based on commercial agreements.
Coverage Telecommunications sector
LAOS
Reported in 2018, last reported in 2023
Pillar Telecom infrastructure & competition |
Indicator Presence of shares owned by the government in telecom companies
Presence of shares owned by the government in the telecom sector
In Lao PDR, there are four approved companies offering both fixed and mobile telecommunications services, with a fifth holding a mobile license but presently focusing solely on providing internet access. Each of these companies has a certain degree of government ownership.
Coverage Telecommunication sector
LAOS
N/A
Pillar Telecom infrastructure & competition |
Indicator Functional/accounting separation for operators with significant market power
Lack of mandatory accounting separation for dominant network operators
It is reported that Laos does not mandate accounting separation for operators with significant market power (SMP) in the telecom market. However, there has been an obligation of functional separation since 2014.
Coverage Telecommunications sector
LAOS
Since December 2011
Pillar Telecom infrastructure & competition |
Indicator Licensing restrictions to operate in the telecom market
Law on Telecommunication (ກົດໝາຍວ່າດ້ວຍ ການໂທລະຄົມມະນາຄົມ)
Art. 36 of the Law on Telecommunication mandates the following activities to be approved by the Ministry of Post and Telecommunications or relevant ministries: i) adjusting its radio frequency spectrum, telecommunication equipment, and networks into the radio frequency spectrum, telecommunication equipment, and networks of other telecommunication service providers; ii) Increasing or decreasing service prices, and iii) using telecommunication resources and import telecommunication equipment. It is reported that since 2022, there has been a new telecom law. However, the text is not available online.
Coverage Telecommunications sector
LAOS
Since February 2015
Pillar Telecom infrastructure & competition |
Indicator Licensing restrictions to operate in the telecom market
Decision on Telecommunication Business Operating License No. 221/MPT
According to Art. 2 of the Decision on Telecommunication Business Operating License No. 221/MPT, a Telecommunication Business Operating License provides the right and legal certification to individuals or juridical persons who operate telecommunication businesses in accordance with the laws of Lao PDR. Pursuant the Art. 10, individuals, legal entities, and organisations, both domestic and international, aiming to conduct a telecommunication business must provide a complete set of application documents and submit them to the responsible office as stipulated in the law on investment promotion and other relevant regulations. Registration criteria for the business license for telecommunication services, as stated in Art. 11, include: i) having adequate financial resources; ii) having staff with the relevant knowledge, capability, and experience; iii) buildings, vehicles, and equipment for supporting telecommunications-related work; iv) making the full payment of related fees and service charges; and v) preparing the full set of required documents.
In addition, Art. 12 states that some documents are required, including a feasibility study and a technical plan.
In addition, Art. 12 states that some documents are required, including a feasibility study and a technical plan.
Coverage Telecommunications sector
LAOS
Since April 2013
Pillar Telecom infrastructure & competition |
Indicator Signature of the WTO Telecom Reference Paper
WTO Telecom Reference Paper
Laos has appended the World Trade Organization (WTO) Telecom Reference Paper to its schedule of commitments.
Coverage Telecommunications sector
Sources
- https://docs.wto.org/dol2fe/Pages/FE_Search/FE_S_S009-DP.aspx?language=E&CatalogueIdList=116265&CurrentCatalogueIdIndex=0&FullTextHash=&HasEnglishRecord=True&HasFrenchRecord=True&HasSpanishRecord=True
- https://web.archive.org/web/20211025203315/https://www.wto.org/english/tratop_e/serv_e/telecom_e/telecom_commit_exempt_list_e.htm
LAOS
Reported in 2020
Pillar Telecom infrastructure & competition |
Indicator Presence of an independent telecom authority
Lack of an independent telecom authority
Laos has established a telecommunications authority known as the Lao Telecommunication Regulatory Authority (LTRA). However, it has been reported that the entity's decision-making process lacks full independence from government influence. The LTRA operates as a subsidiary structure within the Ministry of Post and Telecommunications, holding a status equivalent to that of a department and functioning as a think tank to support the Ministry in overseeing telecommunications regulatory activities. The Director General of the LTRA is directly accountable to the Minister of Post and Telecommunications, as well as the supervising Vice Minister, for the organisation’s performance, including its successes and shortcomings.
Coverage Telecommunications sector
LAOS
Since July 2015
Pillar Foreign Direct Investment (FDI) in sectors relevant to digital trade |
Indicator Screening of investment and acquisitions
Law on Business Competition (No. 60/NA) (ກົດໝາຍ ວ່າດ້ວຍການແຂ່ງຂັນທາງທຸລະກີດ)
Art. 39 of the Law on Business Competition establishes a general mergers and acquisitions review regime. However, this regime has never been used to block investment in sectors relevant to the digital economy.
Coverage Horizontal
LAOS
Since November 2017, entry into force in June 2018
Pillar Intellectual Property Rights (IPRs) |
Indicator Practical or legal restrictions related to the application process for patents
Law No. 38/NA of 15 November 2017, on Intellectual Property (ກົດໝາຍວ່າດ້ວຍ ຊັບສິນທາງປັນຍາ, ເລກທີ່ 38/NA ຂອງວັນທີ 15 ເດືອນພະຈິກປີ 2017)
According to Art. 21 of the Law on Intellectual Property, a patent or petty patent shall be refused, in any case, if it is contrary to the culture and fine traditions of the nation, social orders and morale, and security and peace of the Lao PDR. Pursuant to Art. 27, any domestic or foreign individuals, legal entities or organisations may apply for registration of their industrial property with the Ministry of Technology and Science or with an international intellectual property registration organisation to which the Lao PDR is a party. However, any individual, legal entity or organisation residing in a foreign country wishing to apply for industrial property registration shall have a business premise or an authorised representative in the Lao PDR to be able to apply. The applicant without a business premise or residence in the Lao PDR shall appoint an authorised representative to carry out transactions related to intellectual property in the Lao PDR.
Coverage Horizontal
LAOS
N/A
Pillar Intellectual Property Rights (IPRs) |
Indicator Participation in the Patent Cooperation Treaty (PCT)
Lack of participation in the Patent Cooperation Treaty (PCT)
Laos is not a party to the Patent Cooperation Treaty (PCT).
Coverage Horizontal
LAOS
Since November 2017, entry into force in June 2018
Pillar Intellectual Property Rights (IPRs) |
Indicator Copyright law with clear exceptions
Law No. 38/NA of 15 November 2017, on Intellectual Property (ກົດໝາຍວ່າດ້ວຍ ຊັບສິນທາງປັນຍາ, ເລກທີ່ 38/NA ຂອງວັນທີ 15 ເດືອນພະຈິກປີ 2017)
Laos has a clear regime of copyright exceptions that follows fair use, which enables the lawful use of copyrighted work by others without obtaining permission. Art. 115 of the Law on Intellectual Property Rights lists exceptions that include: the quotation of a publicly available work, provided that it conforms to the principles of fair use and the scope of the quotation is justified for the intended purpose; the use of literary or artistic works to illustrate publications, broadcasts or recordings for educational or scientific research purposes; the translation of literary works into Braille or other characters for visually impaired persons is a permitted use of copyrighted material; among others.
Coverage Horizontal
LAOS
Reported in 2021, last reported in 2023
Pillar Intellectual Property Rights (IPRs) |
Indicator Enforcement of copyright online
Lack of adequate enforcement
Copyright is not adequately enforced online in Laos. It is reported that IP enforcement authorities in Laos remain relatively inexperienced, and the country's IP Law contains no specific provisions on e-commerce IP infringement.
Coverage Horizontal
Sources
- https://web.archive.org/web/20231222010633/https://intellectual-property-helpdesk.ec.europa.eu/regional-helpdesks/south-east-asia-ip-sme-helpdesk/faq_en
- https://web.archive.org/web/20241113143955/https://www.aseanip.org/docs/default-source/asean-ip-publications/asean-ipr-enforcement-handbook_with-isbn-and-logo-final.pdf
LAOS
N/A
Pillar Intellectual Property Rights (IPRs) |
Indicator Adoption of the WIPO Copyright Treaty
Lack of signature of the WIPO Copyright Treaty
Laos has not signed the World Intellectual Property Organization (WIPO) Copyright Treaty.
Coverage Horizontal
