Tag Archives: Intellectual Property

Proposed New Mongolia Laws Promise Reform in 4 Key Areas



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Parliament has just issued a list of draft laws to be considered during the fall session in 2017. This list includes drafts in relation to State Budget 2017 and number of completely new proposed laws. There are also several proposed amendments to existing laws that look to be very interesting going forward.

The following are the newly initiated draft laws:

  • Amendments to Constitutional law
  • Law on National System of Payment
  • Law on Development of the Ger District
  • Law on Investigating and Resolving Infringements
  • Casino law
  • Law on Mongolian Foreign Relations
  • Law on Safety of Information
  • Law on Encouraging Development of Youth
  • Law on Food Supplements for Infants and Toddlers
  • Law on Health of Livestock and Animals
  • Law on Resource of Livestock Genetics
  • Law on Enriched Food
  • Law on Responsibility of Elected or Appointed State High Officials
  • Law on Protecting Critic’s Rights

The Mongolian Lawyers at LehmanLaw Mongolia are particularly interested in the proposed Law on National System of Payment.  There is huge potential for reform and modernization in this area and we are excited and looking forward to significant changes under a new law.

We expect the proposed Law on Investigating and Resolving Infringements to be very interesting to foreign businesses seeking greater protection for Intellectual Property rights in Mongolia, including Copyright, Trademarks and Patents. We hope the new law will provide a clear system for enforcement of protected intellectual property rights in Mongolia.

Two proposed laws appear to target Mongolia’s growing agricultural sector.  Mongolia is ripe for increased foreign investment in the agricultural sector and an improved legal framework in this area will be sure to increase interest. We will monitor related developments

It also looks like there will be a proposed law regarding establishing norms of official behavior, which appears to be an effort to increase anti-corruption measures among government officials; a very positive development which we will explore more fully as details are available.

Intellectual Property Protection in Mongolia



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Mongolia may be a relatively small market, but global brands are increasingly seeking to protect and enforce intellectual property rights in the country. Our firm works directly with global brands as to trademark and patent registration in Mongolia, cancellations of prior registrations, and IP enforcement matters.

Enforcement is difficult. Due to the relatively small population in Mongolia (about 3 million people in the whole country with about half in one City, Ulaanbaatar), many local lawyers and law firms are often unwilling to pursue intellectual property enforcement actions or litigation in Mongolia. The small interconnected population means many lawyers are unwilling to proactively advocate on behalf of clients, for fear of making enemies. Most trademark and patents providers will simply file registrations. When they do file an enforcement action it is more  “proforma” and less proactive advocacy.

One thing missing in Mongolia is a strong sense of the value of branding, and a clear understanding that brands deserve protection via copyright. The firm is acting on behalf of a group of brand owners who seek to create a new organization with the goal of raising awareness of the importance of intellectual property in Mongolia. The key to better protection is awareness.

By any other Name, Would Champagne Taste as Sweet?



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So what does it mean to be made in Mongolia? Or anywhere else for that matter? In Mongolia the protection of Geographical indications is governed by the Law on Trademark and Geographical Indication which has taken effective on July 25th, 2010. Under the law, “geographical indication” refers to any geographical indication of a product’s manufacturing country, area and territory where quality, reputation and other characteristics are defined by factors relating to the nature of the territory, climate condition or local practice.

Forms of geographical indication are expressed in single geographical names of territory that determine the origin of the goods and products, or a combination of the name of the goods and products with a territory. However, general names for goods and products of a territory within Mongolia are not considered as geographical indicators. Moreover, geographical indications are tools for protection of local industry by creating the suggestion that similar goods produced in other geographic regions will not have the same characteristics or quality. Champagne is only champagne, if it is from Champagne, France, otherwise it is sparkling wine.

Under Mongolian law, a community, association or organization of unified manufacturers of goods and products of a local region apply for geographical indication protection in writing as specified in regulation set by the Intellectual Property Office. The Intellectual Property Office examines the application within six months of filing the application. This term may be extended up to six months if required. If the Intellectual property office decides to register a geographical indication, that geographical indication shall be entered in the State register and a Certificate of Geographical Indication shall be issued. The protection of geographical indication is not limited for definite periods and is valid from the filing date of the application.

Mongolia has several traditional products that originate from its nomadic culture and its extremely continental climate. There are over 20 products which have been protected by geographical indications in Mongolia, for example dairy products, meat products, pure water and sea buckthorn. A few years ago, Champagne, the famous French drink received protected in Mongolia as a geographical indication. Accordingly, Champagne is protected against misrepresentation or infringement. This demonstrates that foreign geographical indications can be duly protected in Mongolia.

Mongolia Hosts Annual Trilateral Intellectual Property Conference



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The 4th Trilateral Intellectual Property Conference between Mongolia, Russia and China was held in Ulaanbaatar on 6 September, 2016. The theme of the conference was, “Protecting intellectual property rights; bringing intellectual property to the market; and encouraging innovation, technology, and SMEs.” Participants included the Head of the State Registration and Intellectual Property Rights Office of Mongolia R. Sodhuu, the Commissioner of the State Intellectual Property Office of the People’s Republic of China Shen Changyu, the Director General of The Russian Federal Service for Intellectual Property Grigoriy Ivliev and around fifty other intellectual property officials and representatives from all three countries.

Mongolia ranks 55th on the innovation index and the State Registration and Intellectual Property Rights Office of Mongolia representative G. Sarnai noted that although Mongolia conducts a great deal of research, little is being done to patent the research abroad and more needs to be done to bring the intellectual property to the market.

The Commissioner of the State Intellectual Property Office of the People’s Republic of China Shen Changyu noted new policies adopted by State Council in regards to intellectual property development and protection of innovation, highlighted China’s focus on bring new intellectual property to the market in addition to promoting new effective measures for guarding against infringement of Intellectual property.

The Director General of The Russian Federal Service for Intellectual Property Grigoriy Ivliev indicated that Russia also is increasing the investment for research and innovation, and pointed to positive results including new legislation for copyright protection Russia is also focused on decreasing the infringement of intellectual property online.

The conference is an important indication of the regions dedication to promoting Intellectual Property development and legal protection. The conference allows senior officials to share experiences and practical knowledge as regarding effectively promoting intellectual property development and legal protections. A key goal of the conference is to promote commercialization of intellectual property in all three participating countries through technology and innovation support centers and small and medium-sized factories. The conference is organized regularly each year.