Overview
The Cambodian government has made considerable progress in fostering its IP landscape. Cambodia acceded to the World Intellectual Property Organization (WIPO) in 1995 and the Paris Convention for the Protection of Industrial Property in 1998. At the turn of the century, the country’s laws and regulatory framework to protect IPRs became soundly compliant with World Trade Organization (WTO) obligations. In 2004, Cambodia successfully joined the WTO.
Growth of Cambodia’s IP landscape
With Cambodia’s accession to the WTO came the need to implement a number of IP-related laws and regulations. To date, there are many laws implemented in relation to IPR protection such as the Law on Trade Marks, Trade Names, and Acts of Unfair Competition (2002); the Law on Patents, Utility Model Certificates and Industrial Designs (2003) (“Patent Law”); the Law on Copyright and Related Rights (2003); and the Law on Management of Seeds and Breeders’ Rights (2008).
The Royal Government of Cambodia has subsequently issued sub-decrees and regulations for implementing these laws – an indication of Cambodia’s commitment to providing robust protection to IPR holders.
Furthermore, in 2016, the country has acceded to the Patent Co-operation Treaty and founded its first IP-focused non-governmental body – ‘IPAC’ (The Intellectual Property Association of Cambodia), in order to bolster its IP environment.
| Infringement offence | Civil and Criminal (in special cases) |
| Specialised courts for IP | No |
| Outline of the enforcement steps | Notice of Cease and DesistnInfringement lawsuit |
| Relief against groundless threats | Available |
| Declaration of non-infringement | Available |
| Preliminary injunctions | Available |
| Infringement offence | Civil and Criminal (in special cases) |
| Specialised courts for IP | No |
| Outline of the enforcement steps | Notice of Cease and DesistnInfringement lawsuit |
| Relief against groundless threats | Available |
| Declaration of non-infringement | Available |
| Preliminary injunctions | Available |
| Legal Basis |
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| Major international treaties signed |
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| Cost of obtaining a straightforward registration | Please contact us at singapore@mirandah.com |
| Average time to register a trademark | Between 6-9 months |
| Filing and prosecution procedures |
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| Registrable marks | Any visible sign capable of distinguishing the goods (trade mark) or services (service mark) of an enterprise. Any distinctive device, brand, heading, label, ticket, name, signature, word, letter, numeral, or combination thereof, may be registered as a trade mark. Trademarks may include graphics, signs, signatures, pictures or 3-D marks such as, shapes and packaging. |
| Number of classes | 45 (9th and 10th Editions Nice Classification) |
| Multiple class filing | Available |
| Filing of series marks | Not available |
| Necessary documents | Notarized Power of Attorney |
| Electronic filing | Not available |
| Common objections | Capacity to distinguish the goods/ services of one enterprise from those of others; Whether the mark is contrary to public order or morality; Whether the mark is likely to mislead the public as to inter alia geographical origin; Whether the mark is identical with, or is an imitation of or contains as an element, an armorial bearing, flag and/ or other emblem; Prior conflicting rights; |
| Opposition term | 90 days from the date of publication in the Official Gazette |
| Duration of protection | 10 years from the filing date (Grace period of 6 months from the date of expiry is permissible) |
| Restoration of lapsed trademark | Not available |
| Compulsory period of use to avoid cancellation action | Any interested person may request the Ministry of Commerce to remove a mark from the Register on the ground that up to one month prior to the filing of the request for cancellation on the basis of non-use, the mark had not been used by the registered proprietor or the licensee, during a continuous period of 5 years from the date of registration, provided the mark shall not be removed if it can be demonstrated that special circumstances prevented use of the mark and that there was no intention not to use or abandon the same in respect of those goods/ services. |
| Parallel Imports | Yes |
| Use | It is mandatory to file an Affidavit of use or non-use of the mark within 1 year following the 5th anniversary of the registration date. |
| Useful links | www.mirandah.com www.mcfa.gov.kh |
| Outline of the enforcement steps |
Civil; Criminal. |
| Civil Remedies | Courts are empowered to grant an injunction to prevent infringement, an imminent infringement and/ or unfair competition; Damages or an account of profits in lieu of damages; An order for the surrender or the destruction of the offending trademark or signage; A declaration of the plaintiff’s rights to the trademark and defendant’s infringement of these rights; |
| Criminal Sanctions | Fine and/ or imprisonment |
| Time frame for various legal actions | Around 24- 36 months, subject to a plethora of factors |
| Alternative dispute resolution |
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| Any specialized courts for IP | Not available |
Cambodia's IP landscape?
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Email: cambodia@mirandah.com