– Law on Intellectual Property No. 38/NA of November 15, 2017, published on May 25, 2018, in force since June 9, 2018.

– Convention Establishing the World Intellectual Property Organization (WIPO), since June 17, 1995.

Applicant: may be an individual or an organization.

Foreigners: have the same rights as nationals on the basis of reciprocity. They have to appoint a resident agent.

Definition: means the improvement or development of a plant variety, which may be through genetic breeding or biotechnology resulting in a new plant variety, which does not exist in nature.

Registrability: (1) the variety must be new and be a variety the propagating material of which has not been exploited, whether by means of sale or distribution in any manner whatsoever, in or outside the Lao PDR territory by the breeder or with the breeder’s consent for more than one year prior to the date of filing the application; (2) the variety must be distinct from other plant varieties existing on the date of filing the application, provided that such distinctiveness is related to the feature beneficial to the cultivation, consumption, pharmacy, production or transformation; (3) the variety must be of uniformity in the particular features of the variety in respect of shape and appearance or in respect of other characteristics resulting from the expression of the genotype specific to such plant variety; (4) the variety must be stable in the particular features of the variety, which are capable of expressing such particular features in every cycle of the production of the propagating material of such plant; (5) the denomination of the variety must have the particular features distinct from other varieties in respect of name or shape or appearance, or having any characteristic resulting from the expression of the genotype distinct from other existing plants.

Non-registrable: (1) a new plant variety having a severely adverse impact, directly or indirectly, on the environment, health or laws and regulations; (2) a new plant variety derived from genetic modification, which has not been evaluated as having a successful result with regard to safety, environment, health or laws and regulations by the technical unit under the principles and methodology prescribed by the relevant authorities.

Filing requirements for an application (to be sent to resident agent):
1. Application with the name, address and nationality of the applicant;
2. Power of attorney, legalized;
3. Name of the species to which the variety belongs, with photographs (both Latin and common name);
4. Provisional reference and summary of the breeding method of the variety;
5. Priority document, if applicable.

Examination: formal examination, publication, and substantive examination.

Publication: after the formal examination.

Granting: a certificate of registration is issued and published in the Gazette.

Duration: twenty-five years for trees and fifteen years for plants from the date of the application for registration.

Annuities: annual fees must be paid in advance.

Licensing: must be registered.

Exemptions: (1) in case of national security and food security, the maintenance of nutritious stability, the prevention of monopoly or for the purpose of other public interests and necessities; (2) for the prevention of diseases, the promotion of health, the maintenance of public welfare, the preservation and conservation of the environment and biological diversity or for other public interests; (3) the act relating to a protected new plant variety for non-commercial purpose; (4) for education, study, experiment or research relating to a protected new plant variety; (5) the act relating to a protected new plant variety for the purpose of breeding, improving or developing plant varieties; (6) the cultivation or propagation for next season cultivation by a farmer.