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mirandah asia assists clients with matters in Cambodia to the same high-quality standard that only local reputation delivers. Many developments in IP are expected to unfold in this up-and-coming jurisdiction, which is why we are on hand to cater to the expanding range of services available to clients.

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
  • Law concerning Marks, Trade Names and Acts of Unfair Competition of the Kingdom of Cambodia, 2002;
  • Sub-Decree on the implementation of the Law concerning Marks, Trade Names and Acts of Unfair Competition of the Kingdom of Cambodia, in force since July 2006.
  • Law on Geographical Indications, in force sicne January 20, 2014.
Major international treaties signed
  • Convention Establishing the World Intellectual Property Organization
  • ASEAN Framework Agreement on Intellectual Property Cooperation
  • Paris Convention on the Protection of Industrial Property
  • WTO
  • Madrid Protocol
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
  • Stage 1: Filing
  • Stage 2: Examination
  • Stage 3: Registration
  • Stage 4: Opposition
  • Stage 5: Publication
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
  • Mediation
  • Arbitration
Any specialized courts for IP Not available

Trademark Applications

Year Resident Non-Resident Total
2001 245 1,274 1509
2002 318 1,251 1569
2003 279 548 827
2004 385 1,192 1577
2005 358 1,223 1581
2006 866 699 1565
2007 552 2,206 2758
2008 578 2,521 3099
2009 806 2,271 3077
2010 840 3,129 3969
2011 903 3,664 4567
2012 968 4,200 5168
2013 968 4,886 5854
2014 1,182 3,706 4888

Trademark Registrations

Year Resident Non-Resident Total
2001 248 1,519 1767
2002 307 993 1300
2003 269 663 932
2004 375 1,175 1550
2005 391 1,519 1910
2006 355 1,198 1553
2007 312 1,066 1388
2008 437 1,874 2311
2009 698 2,418 3116
2010 652 2,384 3036
2011 735 2,936 3671
2012 751 2,955 3706
2013 847 4,974 5821
2014 786 3,429 4215

Source: WIPO

Want to find out more about
Cambodia's IP landscape?
Drop us a line or visit
our office.

mirandah asia (cambodia) affiliate office
No. 10, Lane 34, Au Co Street, Tay Ho District, Hanoi, Vietnam

Tel: (+844) 3718 6216
Fax: (+844) 3718 6217

Email: cambodia@mirandah.com