LAOS
Since April 2013
Pillar Telecom infrastructure & competition |
Sub-pillar 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://www.wto.org/english/tratop_e/serv_e/telecom_e/telecom_highlights_commit_exempt_e.htm#country
LAOS
N/A
Pillar Telecom infrastructure & competition |
Sub-pillar 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 is an obligation of functional separation since 2014.
Coverage Telecommunications sector
LAOS
Since 2011
Pillar Telecom infrastructure & competition |
Sub-pillar Other restrictions to operate in the telecom market
Law on Telecommunication
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.
Coverage Telecommunications sector
LAOS
Reported in 2018
Pillar Telecom infrastructure & competition |
Sub-pillar Presence of shares owned by the government in telecom companies
Presence of shares owned by the government in the telecom sector
There are four authorized enterprises providing fixed and mobile telecommunications services in Lao PDR, and the fifth holds a mobile license but currently only offers internet access. All of them have some share of government ownership.
Coverage Telecommunication sector
LAOS
N/A
Pillar Telecom infrastructure & competition |
Sub-pillar 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 practiced in the mobile sector and in the fixed sector based on commercial agreements.
Coverage Telecommunications sector
LAOS
Since November 2017, entry into force in June 2018
Pillar Intellectual Property Rights (IPRs) |
Sub-pillar Effective protection covering trade secrets
Law on Intellectual Property Right
The Law on Intellectual Property Right defines a trade secret as "secret information which cannot be disclosed regarding to formula, production process or any information which has commercial value in the sense that it is not known among or readily accessible to persons within the circles that normally deal with the kind of information in question."
Art. 61 governs the rights of proprietors of trade secrets. It states that the proprietor of a trade secret has the right to 1) prevent trade secret information lawfully in his control from being disclosed to, acquired by, or used by others without their consent in a manner contrary to honest commercial practices and 2) to protect their rights under the law and regulations against infringements by others such as to institute court action, [and] right to compensation from damages caused by others. However, the regulation provides an exception to this rule where the rights are not applicable in the case of the discovery of the information by reverse engineering, laboratory testing, analysis, or other similar means.
Art. 61 governs the rights of proprietors of trade secrets. It states that the proprietor of a trade secret has the right to 1) prevent trade secret information lawfully in his control from being disclosed to, acquired by, or used by others without their consent in a manner contrary to honest commercial practices and 2) to protect their rights under the law and regulations against infringements by others such as to institute court action, [and] right to compensation from damages caused by others. However, the regulation provides an exception to this rule where the rights are not applicable in the case of the discovery of the information by reverse engineering, laboratory testing, analysis, or other similar means.
Coverage Horizontal
LAOS
N/A
Pillar Intellectual Property Rights (IPRs) |
Sub-pillar Adoption of the World Intellectual Property Organization (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
LAOS
N/A
Pillar Intellectual Property Rights (IPRs) |
Sub-pillar Signature of the WIPO Performances and Phonogram Treaty
Lack of signature of the WIPO Performances and Phonograms Treaty
Laos has not signed the World Intellectual Property Organization (WIPO) Performances and Phonograms Treaty.
Coverage Horizontal
LAOS
N/A
Pillar Intellectual Property Rights (IPRs) |
Sub-pillar 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 IP Law contains no specific provisions on e-commerce IP infringement.
Coverage Horizontal
LAOS
Since November 2017, entry into force in June 2018
Pillar Intellectual Property Rights (IPRs) |
Sub-pillar Copyright law with clear exceptions
Law on Intellectual Property Right
Laos has a clear regime of copyright exceptions that follows the fair use, which enable 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
N/A
Pillar Intellectual Property Rights (IPRs) |
Sub-pillar Participation in the Patent Cooperation Treaty
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) |
Sub-pillar Practical or legal restrictions related to the application process for patents
Law on Intellectual Property Right
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 organizations may apply for registration of their industrial property with the Ministry of Technology and Science or with an international intellectual property registration organization to which the Lao PDR is a party. However, any individual, legal entity or organization residing in a foreign country wishing to apply for industrial property registration shall have a business premise or an authorized representative in the Lao PDR for be able to apply. The applicant without a business premise or residence in the Lao PDR shall appoint an authorized representative in the Lao PDR to carry out transactions related to intellectual property in the Lao PDR.
Coverage Horizontal
LAOS
Since 2010, last amended in 2016
Pillar Foreign Direct Investment in sectors relevant to digital trade |
Sub-pillar Screening of investment and acquisitions
Law on Investment Promotion 2010, amended by Law on Investment Promotion 2016
The Law on Investment Promotion introduces a national security screening. According to Art. 4 Foreigners may invest in any sector or business except those that the government deems to be detrimental to national security, health, or national traditions, or to harm the natural environment. However, this screening has never been used to block investment in sectors relevant to the digital economy.
Coverage Horizontal
LAOS
Since July 2015
Pillar Foreign Direct Investment in sectors relevant to digital trade |
Sub-pillar Screening of investment and acquisitions
Law on Business Competition (No. 60/NA)
The Law on Business Competition Article 39 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
Reported in 2021
Pillar Foreign Direct Investment in sectors relevant to digital trade |
Sub-pillar Requirement to engage in joint ventures to invest or operate
Effective joint venture requirement
Although full foreign ownership is permitted in most cases, many companies find it easier to seek local partners to navigate non-transparent official and unofficial processes.
Coverage Horizontal