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    PATENT AND UTILITY MODEL

    DEFINITION

    According to Article 3 of Law on Patents, Utility Model Certificates and Industrial Designs (The Patent Law), a “Patent” means the title granted to protect an invention. For the purposes of this law, “invention” means an idea of an inventor which permits in practice the solution to a specific problem in the field of technology. An invention may be, or may relate to, a product or a process.

    Utility model, according to Article 69 of the Patent Law, means any invention which is new and industrially applicable and may be, or may relate to, a product or process. A utility model certificate is issued for utility model meeting protection criteria.

    Unity

    According to Article 23 on unity of patent, the application must relate to one invention only or to a group of inventions so linked as to form a single general inventive concept.

    Patentability

    The inventions, the commercial exploitation in the Kingdom of Cambodia of which would be contrary to public order or morality, or would not be protected human, animal or plant life or health, or would cause serious prejudice to the environment, or prohibited by law, are excluded from patentability under Article 9 of the Patent Law.

    According to Articles 5, 6, 7, and 8 of the Patent Law, patentability conditions are provided as follows:

    Novelty of invention

    In Cambodia, novelty requirement is universal. An invention is new if it is not anticipated by prior art. Prior art consists of everything disclosed to the public, anywhere in the world, by publication in tangible form or by oral disclosure, by use or in any other way, prior to the filing or, where appropriate, the priority date, of the application claiming the invention.

    The novelty is not destroyed if the disclosure was by reason or in consequence of acts committed by the applicant or his predecessor in title or of an abuse committed by a third party with regard to the applicant or his predecessor in title, provided that an application for the invention is filed to the DIP within 12 months counted from said disclosure.

    Inventive Step

    An invention is considered to involve an inventive step if, having regard to the prior art relevant to the application claiming the invention and, it would not have been obvious to a person having ordinary skill in the art.

    Industrial application

    An invention is considered industrially applicable if it can be made or used in any kind of industry.

    Unpatented subject matters

    The following objects are also not protected as patent under Cambodian patent law:

    • discoveries, scientific theories and mathematical methods;
    • schemes, rules or methods for doing business, performing purely mental acts or playing games;
    • methods for treatment of the human or animal body by surgery or therapy, as well as diagnostic methods practiced on the human or animal body; this provision shall not apply to products for use in any of those methods;
    • pharmaceutical products shall be excluded from patent protection until 2033;
    • plants and animals other than micro-organisms, and essentially biological processes for the production of plants or animals;
    • Plants varieties.

    PATENT SPECIFICATION

    The specification of an invention is the most important part of a patent application. This part consists of a description, claims, drawings (if any) and abstracts. The description and the drawings may be used to interpret the claims.

    Description

    The description shall disclose the invention in a manner sufficiently clear and complete for the invention to be carried out by a person having ordinary skill in the art, and shall, in particular, indicate the best mode known to the applicant for carrying out the invention, at the filing date or, where priority is claimed, at the priority date of the application. The description should be:

    • first state the title of the invention. The title of the invention shall be short and precise;
    • specify the technical field to which the invention relates;
    • indicate the background art which, as far as known to the applicant, can be regarded as useful for the understanding, searching and examination of the invention, and, preferably, cite the documents reflecting such art;
    • disclose the invention in such terms that it can be understood and state its advantageous effects, if any, with reference to the background art;
    • briefly describe the figures in the drawings, if any;
    • set forth at least one best mode contemplated by the applicant for carrying out the invention; this shall be done in terms of examples, where appropriate, and with reference to the drawings, if any;
    • indicate explicitly, when it is not obvious from the description or nature of the invention, the way in which the invention is industrially applicable and the way in which it can be made and used, or, if it can only be used, the way in which it can be used.

    Claims

    The claim or claims shall define the matter for which protection is sought. Claims shall be clear and concise. They shall be fully supported by the description. The claims shall define the invention in terms of the technical features of the invention.

    Whenever appropriate, claims shall contain (a) statement indicating those technical features of the invention which are necessary for the definition of the latter but which, in combination, are part of the prior art; and (b) characterising portion preceded by the words “characterized in that”, “characterized by”, “wherein the improvement comprises”, or any other words to the same effect stating concisely the technical features which, in combination with the features stated under Paragraph (a), it is desired to protect.

    Claims shall not, except where absolutely necessary, rely in respect of the technical features of the invention on references to the description or drawings; in particular, they shall not rely on such references as “as described in part … of the description”, or “as illustrated in figure … of the drawings”.

    Where the application contains drawings, the technical features mentioned in the claims shall preferably be followed by the reference signs relating to such features; when used, the reference signs shall preferably be placed between parentheses; if inclusion of reference signs does not particularly facilitate quicker understanding of a claim, it should not be made.

    Drawings

    The drawings are required when they are necessary for understanding the invention. Drawings shall be on sheets the usable surface area of which shall not exceed 26.2 cm by 17 cm. The sheets shall not contain frames round the usable or used surface. The drawings must be in black and white, represented in lineless paper. Numbers, letters, and reference characters can be used in the drawings only when they are really necessary for the examiners to understand the invention.

    Abstract

    The abstract shall merely serve the purpose of technical information; in particular, it shall not be taken into account for the purpose of interpreting the scope of the protection.

    The abstract shall consist of the following (a) Summary of the disclosure as contained in the description, the claims, and any drawings, indicating the technical field to which the invention pertains and drafted in a way which allows the clear understanding of the technical problem, the gist of the solution of that problem through the invention and the principal use or uses of the invention; (b) where applicable, the chemical formula which, among all the formulae contained in the application, best characteristic the invention. The abstract shall be as concise as the disclosure permits (not exceed 150 words). The abstract shall not contain statements on the alleged merits or value of the invention or on its speculative application. Each main technical feature mentioned in the abstract and illustrated by a drawing in the application shall be followed by a reference sign, placed between parentheses.

    APPLICATION FOR PATENT MATTERS

    Filing requirement

    PCT national phase applications should be filed within the 30 months from the earliest priority date

    Priority claiming applications must be filed within 12 months of the earliest priority date.

    • PCT application number and publication number and changes on applicant(s), inventor(s) in the national phase in the case of PCT national phase applications
    • Details of applicant(s) and inventor(s) (full name, address, and nationality)
    • Classification indexes of the inventionunder the Strasbourg Classification system
    • Specification (including title, description, drawings (if any) and claims) and abstract of the invention in English for our translation into Khmer language
    • Number (not later than 16 monthsfrom the priority date), date and country of priority application(s)
    • Original notarized Power of Attorney within 02 monthsfrom the filing date
    • Original notarized Deed of Assignment if applicant is not the inventor within 02 monthsfrom the filing date. For PCT application, simple copy of DOA is sufficient.
    • Certified copi(es) of priority application(s) within03 months from the filing date;
    • Information and documents (search report, examination result and copy of issued patent (if any) relating to the corresponding foreign applications (if any) for the same invention/utility model during the examination period.)
    • Khmer translation of patent specification may be submitted within 6 months from the filing date

    Requirements for payment of annual fee

    Request for renewal must be filed within 6 months before the anniversary of filing date

    • Original notarized Power of Attorney
    • Instruction letter

    Requirements for recordal of changes of name/address

    • Original Notarized Power of Attorney
    • Original Notarized Declaration on change of name and/or address by the owner, or certified copy of official record on change of name and/or address
    • Original Patent Letter/Utility Model Certificate

    Requirements for recordal of License/Assignment Agreements

    • Original Notarized Power of Attorney
    • Two certified copiesof License/Assignment Agreements. All pages thereof must be initialed by both Licensor and Licensee
    • Original Patent Letter/Utility Model Certificate

    Costs

    The costs of obtaining and maintaining a patent depend on factors such as the number of claims, whether the convention priority right is claimed, providing search reports and examination results for the same invention issued by foreign countries and objections raised during the examination by the DIP. Submitting the search report and the examination result helps the applicant save the fee for filing request for substantive examination.

    Payment for the costs can be made in one or several times. For example, application fees including fees for filing, claiming priority right (if any), and evaluation of search report and publication can be paid on the filing date. Examination fees including fees for conducting patentability search and substantive examination can be paid when a request for substantive examination is filed at the time of filing application in the case no search report are to be submitted. Granting fees including fees for grant, registration and publication of patent, and the first annuities are paid upon being invited by the DIP.

    The service charges are subjected to 10% value added tax. Other disbursements such as telephone calls, faxes, postage, courier and copying will be charged on the basis of the actual expenses.

    PROCEDURE AND TIME FRAME

    Patent applications may be filed at Department of Industrial Property (DIP), Ministry of Industry and Handicraft directly. The filed applications will be subjected to the examination process as the Flow Chart for obtaining a Patent/Utility Model Certificate in the ANNEX.

    Examination on filing

    The Receiving Division will examine whether the patent application satisfies the requirements on the documentation and the application fees have been paid.

    If the application meets all the requirements on filing, a date of filing and an application number will be assigned.

    Examination as to form

    The filed application will be then examined as to form within 3 months from the filing date. The DIP examines the application whether it complies with the administrative requirements or formalities.

    If all the relevant documents and information are included and application meets the formality requirements and the application fees (often including filing fee, fee for claiming priority right, fee for valuation of search report and publication fee) have been paid, the application will be accepted as complete and the application number and the filing date will be officially recorded. The DIP will issue an Acknowledgement of Filing Instruction and send it to the applicant or his patent agent.

    Examination as to substance

    The DIP may use the search report and examination result for the same invention filed in foreign countries to refuse the application, or grant a patent or carried out examination by themselves.

    In the case no the search report and examination result are to be submitted, the applicant must make request for substantive examination and pay the fees. The DIP will carry out substantive examination by themselves with cooperation of foreign patent offices.

    The substantive examination verifies whether there exist any grounds for refusal connected with unity, priority, double patenting and patentability.

    Grant, recordal and publication of a patent

    When the DIP finds that all formality and substantive requirements for the grant of a patent are fulfilled, it will issue a Notice of Acceptance of Granting Patent/utility model certificate in which the applicant will be invited to pay fees for the grant, registration, publication of the patent and the first annuities.

    After the prescribed fees are paid, within the DIP will issue to the applicant a patent letter, record the information of the patent in the National Register and publish it in the Official Gazette.

    Duration of patent and annual fees

    The term of patent is 20 years for inventions and 07 years for utility models as of the filing date of the application.

    In order to maintain the patent or patent application, an annual fee shall be paid in advance to the DIP for each year, starting one year after the filing date of the application. A period of grace of six months shall be allowed for the late payment of the annual fee on payment of the prescribed surcharge. If an annual fee is not paid, the patent application shall be deemed to have been withdrawn or the patent shall lapse.

    RE-REGISTRATION OF SINGAPORE PATENTS IN CAMBODIA

    Memorandum of Understanding between the Cambodian Ministry of Industry and Handicraft and the Intellectual Property Office of Singapore (IPOS), signed in January 2015, valid for 5 years from January 20, 2015 allows Singapore patents (except to Singapore patents which do not meet the Cambodian requirements for patentability, including pharmaceutical patents) with the filing date on or after January 22, 2003 to be also protected in Cambodia under procedure of re-registration of Singapore patent in Cambodia.

    According to Prakas (Declaration) on the Re-registration of Singapore Patent in Cambodia dated July 25, 2016, in order for re-registration of Singapore patents in Cambodia, a request form to re-register a Singapore patent together with the patent application fee, accompanied by the following documents should be submitted before the DIP:

    • Certified copy of the certificate of grant of Singapore patent
    • Certified copy of the final specifications of the Singapore patent
    • Copy of the abstract of Singapore patent
    • Khmer Translation of the abstract and final specification of the Singapore patent within 06 months from the date of the request for re-registration
    • Notarized Power of Attorney

    ACCELERATION OF JAPANESE PATENT APPLICATIONS

    Joint Statement of Intent on Cooperation for facilitating Patent Grant of Cambodia-related patent application signed by the Ministry of Industry & Handicraft of the Kingdom of Cambodia (“MIH”, currently the Ministry of Industry, Science, Technology & Innovation or “MISTI”) of Cambodia and the Japan Patent Office (JPO) dated 4th May 2016 had announced the Cooperation for facilitating Patent Grant (CPG), an accelerated patent granting procedure by which the MIH uses the examination results produced by the JPO to assess the patentability of the invention claimed in Cambodia. The CPG took effect from 1st July 2016. The holder of Japanese patent who duly filed the corresponding patent application in Cambodia can make a request for accelerated granting procedure under CPG.

    On 25 July 2016 the MIH promulgated a Prakas on Acceleration of Patent Grant under Cooperation for facilitating Patent Grant of Cambodia-related Patent Application with the JPO (the Prakas) to execute this CPG procedure.

    Please noted that the CPG request and the MIH’s patent application are the separated procedures. To accelerate the granting procedure under the CPG, the applicant should filed Cambodian patent application with the MIH first, then submit a Request form as guided in the Prakas.

    The following requirements must be met to grant a Cambodian patent based on Japanese patent application:

    • The Japanese and the Cambodian patent applications shall have the same earliest filing date;
    • The corresponding Japanese patent application has been granted by the JPO;
    • One or more claims in the patent application filed in Cambodia shall be the same as the claim(s) in the corresponding JPO patent application.
    • Required documents:

    (i) A copy of the patent gazette in the corresponding JPO patent application and its certification issued by the JPO;

    (ii) Translation of claims and specifications described in the patent gazette in English and Khmer. Translation in Khmer must be submitted within six months from the date on which the request was filed;

    (iii) A claims correspondence table.

    • The Japanese patent must meet the Cambodian requirements for patent.

    VALIDATION OF EUROPEAN PATENTS IN CAMBODIA

    The Agreement on Validation of European Patents between the Cambodian Ministry of Industry and Handicraft (MIH, currently the Ministry of Industry, Science, Technology & Innovation or “MISTI”) and the European Patent Office (EPO), signed in 23 January 2017 and came into effect on March 01, 2018 allows European patents with the filing date on or after 01 March 01, 2003 (except to pharmaceutical patents which are excluded from patent protection in Cambodia) to be also protected in Cambodia.

    According to Prakas (Declaration) on the Determination of the principles and Procedures for Validation of European Patents in Cambodia dated December 08, 2017, in order for validation of European patents in Cambodia, the two phrases at EPO and then DIP must done by the applicant or his patent agency:

    At EPO: The applicant should make request for validation of European patents in Cambodia by stating at the Request for Granting of a European Patent/Request for Entry into the European Phase. The validation fee of EUR 180 must be paid to the EPO within 06 months from publication of the European Search Report. A period of grace of 02 months shall be allowed for the late payment of this fee on payment of 50% surcharge.

    At MIH: The following documents must be submitted to the DIP within 03 months as of the date of publication of granted European patent. The official fees should be paid to DIP in this phrase including granting fee of US$150, publication fee of US$50.

    • Certified copy of granted European Patent issued by the EPO
    • English and Khmer translation of the European patent
    • Notarized Power of Attorney

     

    VALIDATION OF CHINESE PATENTS IN CAMBODIA

    Memorandum of Understanding between the Cambodian Ministry of Industry and Handicraft (MIH, currently the Ministry of Industry, Science, Technology & Innovation or “MISTI”) and the State Intellectual Property Office of China (SIPO), signed in September 21, 2017 and came into effect on April 01, 2018 allows Chinese patents for invention meeting the Cambodian patentability requirements (pharmaceutical patents are excluded from patent protection in Cambodia until 2033 according to TRIPS) with the filing date after January 22, 2003 to be also protected in Cambodia.

    According to Prakas (Declaration) on the Validation of Chinese Patent in Cambodia dated March 27, 2018, in order for validation of Chinese patents in Cambodia, a request for validation of Chinese Patent in Cambodia with application fee, accompanied to the following documents should be submitted before the MIH:

    • Certified copy of the certificate of grant of Chinese patent and its English translation
    • Certified copy of the specification of the Chinese patent and its English translation
    • Copy of the abstract of Chinese patent and its English translation
    • Khmer Translation of the abstract and specification of the Chinese patent within 06 months from the date of the request for validation
    • Notarized Power of Attorney

    PATENT RECOGNITION PROGRAM (PRP) OF SOUTH KOREA AND CAMBODIA

    On November 18, 2019, the MIH adopted a Prakas No. 228 MIH/2019 on Accelerated Patent Grant through Cambodia Patent Recognition Program Relating to Patent Applications with KIPO (the “Prakas No. 228). Prakas No. 228 established the detailed procedure for accelerated patent grant through PRP with KIPO.

    According to the Prakas No. 228, the request for acceleration under the recognition program shall be accepted only for the applications that have been filed in Cambodia which meet the following conditions:

    (i) a patent application claiming priority under Paris Convention of an earlier Korean patent application; or

    (ii) a patent application, including application for entry into national phase of a PCT application, served as basis for priority claim under Paris Convention based on Korean patent application; or

    (iii) a patent application, including application for entry into national phase of a PCT application, having the same basis as patent application used for priority claim under Paris Convention based on a Korean patent application.

    Beside the above mentioned conditions, the PRP is applicable if the corresponding Korean patent application filed with KIPO fulfils the following conditions:

    (i) There must be a Korean patent application which has an earliest filing date the same as the patent application filed in Cambodia;

    (ii) There must be a corresponding KIPO patent application that has been granted by KIPO;

    (iii) There must be claims in the patent application filed in Cambodia, which are the same as one or more claims in the corresponding KIPO patent application granted by KIPO.

    The following documents are required:

    – A copy of the patent gazette in the corresponding KIPO patent application, and its certification by KIPO;

    – Translation of claims and specification described in the patent gazette in English;

    – Translation of claims and specification described in the patent gazette in Khmer. The applicant shall provide the translation of the specification within one month from the date on which the request was filed;

    – Claims correspondence table.


    USPTO – Cambodia Patent Acceleration

    Memorandum of Understanding between the Ministry of Industry, Science, Technology and Innovation (the “MISTI”) and the United States Patent and Trademark Office (the “USPTO”), signed in 23 October 2020, valid for 5 years from the signing date allows US patents to be also protected in Cambodia under procedure of acceleration of grant of Cambodia patent applications based on US patents.

    To implement the MOU, MISTI has also adopted the Prakas on Acceleration of Granting US Patents, dated 29 March 2021 (the “Prakas”). According to the Prakas, in order for acceleration of grant of the applications based on US patents, holders of Cambodian patent applications may request an accelerated decision based on a granted US patent.

    The request for acceleration shall be accepted only for the applications that have been filed in Cambodia which meet the following conditions:

    (i) A patent application validly claiming priority under the Paris Convention based on the corresponding United States patent application;

    (ii) A patent application that serves as the basis for validly claiming priority under the Paris Convention for the corresponding United States patent application including a PCT patent application that entered the national phase; or

    (ii) A patent application that is based on the same patent application for claiming priority under the Paris Convention, as the corresponding United States patent application including PCT patent application that entered the national phase.

    Beside the above mentioned conditions, the request for acceleration shall be accepted only for the applications that have been filed in Cambodia which meet the following conditions:

    (i) There must be a United States patent application which has an earliest filing date the same as the patent application filed in Cambodia;

    (ii) There must be a corresponding United States patent application that has been granted by the USPTO;

    (iii) There must be claims in the patent application filed in Cambodia, which are the same as one or more claims in the corresponding United States patent application granted by the USPTO.

    The following documents are required

    – A copy of the patent gazette in the corresponding United States patent application, and its certification by the USPTO;

    – Translation of claims and specification described in the patent gazette in Khmer. The applicant shall provide the translation of the specification within six months from the date on which the request was filed;

    – Claims correspondence table.

    INDUSTRIAL DESIGN

    DEFINITION

    According Article 89 of Law on Patents, Utility Model Certificates and Industrial Designs, “any composition of lines or colours or any three-dimensional form, or any material, whether or not associated with lines or colors, is deemed to be an industrial design, provided that such composition, form or material gives a special appearance to a product of industry or handicraft and can serve as a pattern for a product of industry or handicraft, and appeals to and is judged by the eye.” A certificate for industrial design is issued for a design, which is new.

    Unity

    An application for industrial design includes (i) one or more than one industrial design classified in the same class of International Classification (ii) industrial design of a set of articles containing several articles that are used together or for a single purpose.

    Protection criteria

    According to Articles 91, 92 of the Intellectual Property Law, protection conditions for industrial design are provided as follows:

    Novelty

    An industrial design shall be considered as new if it has not been disclosed to the public, anywhere in the world, by publication in tangible form or by use or in any other way, prior to the filing date or, where applicable, the priority date of the application for registration.

    The novelty is not destroyed if the disclosure was by reason or in consequence of acts committed by the applicant or his predecessor in title or of an abuse committed by a third party with regard to the applicant or his predecessor in title, provided that the disclosure is within 12 months before the filling date or, the priority date if there is priority date.

    Unprotected designs

    Articles 90, 93 of Intellectual Property Law stipulate on objects, which are not protected as industrial design as follows:

    • a design which serves solelyto obtain a technical result and to the extent that it leaves no freedom as regards arbitrary features of appearance
    • a design that is contrary to public order or morality.

    DRAWINGS/PHOTOGRAPHS/GRAPHIC REPRESENTATIONS

    The drawings or photographs or graphic representations disclose the entire visual appearance of the article in which the design is applied. It is of importance that the drawings or photographs are clear and complete.

    The set of drawings or photographs for three-dimensional design usually comprises perspective, front, back, top, bottom, left, and right views. The drawings/photographs for three-dimensional design should be made in the same scale and shall not exceed 10cm x 20cm. Such representations, drawings or tracings in black ink shall be affixed on four sheets of cardboard of A4 size.

    Size of a specimen of the article embodying the industrial design, where the industrial design is two-dimensional, shall not exceed 20cm x 20xm x 20cm.

    APPLICATION FOR DESIGN MATTERS

    Filing requirements

    (Priority claiming applications must be filed within 6 months of the earliest priority date)

    • Details of applicant(s) and designer(s) (full name, address, and nationality)
    • Title or indication of the product(s)to which the design is applied
    • The international classification code under the Locarno Agreement
    • Drawings/graphic representationsof the design, or 5 copies of original photographs of the design
    • Number (not later than 03 months from the filing date), date and country of priority application if priority right is claimed
    • Original notarized Power of Attorney within 02 months from the filing date
    • Original notarized Deed of Assignmentwithin 02 months from the filing date
    • Certified copi(es) of priority application(s) within 03 months from the filing date if priority right is claimed

    Requirements for renewal
    (Request for renewal must be filed within 6 months before the expiry date)

    • Original notarized Power of Attorney
    • Instruction letter

    Requirements for recordal of changes of name/address

    • Original Notarized Power of Attorney
    • Original Notarized Declaration on change of name and/or address by the owner, or certified copy of official record on change of name and/or address
    • Original Certificate of Industrial Design

    Requirements for recordal of License/Assignment Agreements

    • Original Notarized Power of Attorney
    • Two certified copies of License/Assignment Agreements. All pages thereof must be initialed by both Licensor and Licensee
    • Original Certificate of Industrial Design

    Costs

    The costs of obtaining industrial design certificate depend on factors such as the number of the industrial designs in an application, the convention priority rights claimed and objections raised during the examination by the DIP.

    Payment for the costs can be made at the time of filing and registration. Application fees including fees for filing, claiming priority right (if any) are often paid on the filing date. Registration fees including fees for registration and publication of industrial design are paid upon being invited by the DIP.

    The service charges are subjected to 10% value added tax. Other disbursements such as telephone calls, faxes, postage, courier and copying will be charged on the basis of the actual expenses.

    PROCEDURES AND TIME FRAMES

    Applications for industrial design may be filed at Department of Industrial Property (DIP), Ministry of Industry and Handicraft. The filed applications will be subjected to the examination process as the Flow Chart for obtaining an Industrial Design in the ANNEX.

    Examination on filing

    The Receiving Division examines whether the industrial design application satisfies the requirements on the documentation and the application fees have been paid.

    If the application meets all the requirements on filing, the DIP will issue Acknowledge Receipt of Application for Design Registration in which a date of filing and an application number will be assigned.

    Examination as to form

    The filed application will be then examined as to form. The DIP examines the application whether it complies with the administrative requirements or formalities.

    If all the relevant documents and information are included, application meets the formality requirements and the application fees have been paid, the filing date will be accorded and notified to the applicant in writing, otherwise, the DIP examiners will invite the applicant to file any correction within two (2) months from the date of the invitation.

    Examination as to substance

    The application will be automatically examined as to substance. The substantive examination verifies whether there exist any grounds for refusal connected with failure to satisfy requirements of unity, priority, double design and the protection criteria as mentioned above.

    Registration, recordal and publication of Industrial Design

    When the DIP finds no grounds for refusal, it will issue an Acknowledgement of Industrial Design Registration in which the applicant will be invited to pay the fees, registration and publication of the industrial design.

    After the prescribed fees are paid (within 01 month), the DIP will issue to the applicant certificate for registration of industrial design, record the details of the industrial design in the National Register and publish the industrial design in the Official Gazette. In the case a request of deferment of publication is stated at the time of filing, the industrial design will be published as applicant’s request but not later than 12 months from the filing or priority date.

    The publication information contains the publication number and the publication date, the application number and the filing date, the international classification code, the information on the applicants, the designers, the industrial design agent, the priority data, the title and the drawings/photographs.

    Duration and renewal of patent for industrial design

    The term of patent for industrial design is 5 years from the filing date.

    The term may be renewed for two 5 year-consecutive-periods upon payment of the prescribed fee and the filing of a written application. Such application may be made at any time within 06 months before the end of each 5-year period, or it may be made within a grace period of 06 months after the end of each 5-year period, upon payment of prescribed fee and surcharge.

    TRADEMARKS

    DEFINITION

    There are two kinds of marks (or trademarks) protected under the Law concerning Marks, Trade Names and Acts of Unfair Competition.

    Mark is any visible sign capable of distinguishing the goods (trademark) or services (service mark) of an enterprise;

    Collective mark is any visible sign designated as such in the application for registration and capable of distinguishing the origin or any other common characteristic, including the quality, of goods or services of different enterprises which use the sign under the control of the registered owner of the collective mark;

    The trademark application must relate only one mark used for one or more classes of goods and/or services. A class includes non-limit list of goods/services. However, class headings are not permitted in list of goods/service filed. The International Nice Classification is applied for list of goods/services in trademark application.

    Criteria of registrability

    A trademark is available for registration if it (i) is distinctive for the goods or services which the mark is applied for, and (ii) is not deceptive, or contrary to morality and public order.

    Detailed regulations on the distinctiveness of a trademark are provided by Article 4 of the Law concerning Marks, Trade Names and Acts of Unfair Competition, namely:

    “A mark cannot be validly registered

    (a)-if it is incapable of distinguishing the goods or services of one enterprise from those of other enterprises;

    (b)-if it is contrary to public order or morality or good custom;

    (c)-if it is likely to mislead the public or trade circles, in particular as regards the geographical origin of the goods or services concerned or their nature or characteristics;

    (d)-if it is identical with, or is an imitation of or contains as an element, an armorial bearing, flag and other emblem, a name or abbreviation or initials of the name of, or official sign or hallmark adopted by, any State, intergovernmental organization or organization created by an international convention, unless authorized by the competent authority of that State or organization;

    (e)-if it is identical with, or confusingly similar to, or constitutes a translation of, a mark or trade name which is well known in the Kingdom of Cambodia for identical or similar goods or services of another enterprise;

    (f)-if it is identical with, or confusingly similar to, or constitutes a translation of a mark or trade name which is well-known and registered in the Kingdom of Cambodia for goods or services which are not identical or similar to those in respect of which registration is applied for , provided that use of the mark in relation to those goods or services would indicate a connection between those goods or services and the owner of the well-known mark that the interests of the owner of the well-known mark are likely to be damaged by such use; or

    (g)-if it is identical with a mark belonging to a different proprietor and already on the Register, or with an earlier filing or priority date, in respect of the same goods or services or closely related goods or services, or if it so nearly resembles such a mark as to be likely to deceive or cause confusion.”

    APPLICATION FOR TRADEMARK MATTERS

    Filing requirements

    (Priority claiming applications must be filed within 6 months of the earliest priority date)

    • Details of applicant(s) (full name, address, and nationality)
    • 01 print of mark with the size not larger than 8 cm x 8 cm
    • Description of the mark: colors claimed and English translation and/or transliteration into Romanletters if the mark comprises words not in English
    • List of Goods or Services and, preferably, their International Classification(s)
    • Regulation governing the use of mark if the mark is collective mark
    • Number, date and country of priority application if priority right claimed
    • Original Notarized Power of Attorney within 45 days from the filing date
    • Certified copi(es) of priority application(s) within three (03) months from the filing date if priority right is claimed

    Requirements for filing an Affidavit of Use/Non-use

    (Affidavit of use or non-use within one year following the 5th anniversary of the date of registration)

    Note: Because an original signed Affidavit of Use or Non-Use is no longer needed, the trademark agent will declare “use” or “non-use” on behalf of the trademark owner. These requirements apply to both domestic registrations and international registrations made under the Madrid Protocol.

    Requirements for renewal
    (Request for renewal must be filed within 6 months before the expiry date)

    • Original notarized Power of Attorney
    • A copy of the latest Trademark Certificate with endorsement of affidavit of use/non-use
    • 01 print for mark with the size not larger than 8 cm x 8 cm

    Requirements for recordal of changes of name/address

    Requirements for recordal of License/Assignment Agreements

    • Original Notarized Power of Attorney
    • Original notarized/certified copie of License/Assignment Agreements.
    • Original Certificate of Trademark

    Cost

    The costs of registration of trademark depend on the convention priority rights claimed and objections raised during the examination by the DIP.

    Payment for the costs can be made at the time of filing and granting. Application fees including fees for filing, claiming priority right (if any) at the filing date. Registration fees including fee for registration and publication of trademark are paid upon being invited by the DIP in a Notice of Acceptance of Mark Registration.

    The service charges are subjected to 10% value added tax. Other disbursements such as telephone calls, faxes, postage, courier and copying will be charged on the basis of the actual expenses.

    PROCEDURES AND TIME FRAMES

    Applications for trademark may be filed at the Department of Industrial Property (DIP), Ministry of Commerce directly. The filed applications will be subjected to the examination process as the Flow Chart for obtaining a trademark registration in the ANNEX.

    Examination on Filing

    The Receiving Division will examine whether the trademark application satisfies the requirements on the documentation and the application fees have been paid.

    If the application meets all the requirements on filing, a date of filing and an application number will be assigned.

    Examination as to form

    The filed application will be then examined as to form. The DIP examines the application whether it complies with the administrative requirements or formalities.

    If all the relevant documents and information are included, the application meets the formality requirements and the application fees have been paid, the application will be accepted as complete and regular and the application number and the filing date will be officially recorded. The DIP will issue an Acknowledgement of Filing Instruction within two weeks as of the filing date and send it to the applicant or his trademark agent.

    Examination as to substance

    The application will be automatically examined as to substance. The substantive examination verifies whether there exist any grounds for refusal connected with failure to satisfy the trademark registrability criteria as mentioned above.

    Registration, recordal and publication of trademark

    When the DIP finds no grounds for refusal, it will issue a Notice of Acceptance of Mark Registration in which the applicant will be invited to pay the fees for registration and publication of the registered trademark.

    After the prescribed fees are paid, the DIP will issue to the applicant the certificate of trademark registration, record the information related to the trademark and list of goods and services in the National Register kept by the DIP and then publish the trademark in the Official Gazette within about 06 months from the registration date.

    Duration and renewal of registration

    The registration remains in force for 10 years from the filing date.

    The registration may be renewed for periods of 10 years at the end of each successive 10-year period following the date of registration upon payment of the prescribed fee and the filing of a written application. Such application may be made within 06 months before the end of each successive 10-year period for which the registration was renewed, or it may be made within a grace period of 06 months after expiration of trademark registration term, upon payment of prescribed fee and surcharge.

    Affidavit of Use/Non-Use

    The trademark owner will be obliged to use the trademark in Cambodia. Therefore, according to the trademark law, prior to renewal application, after the 5th year or within the 6th year of the trademark registration, the trademark owner has to file an endorsed Affidavit of Use if the registered trademark has been used or an Affidavit of Non-use if the registered trademark has not been used in Cambodia. Otherwise, the trademark owner is only allowed to apply for the renewal after they get the Affidavit of Use/Non-use endorsed and pay the fine for late submission.

    If no Affidavit of Use/Non-use is lodged, the trademark registration will be vulnerable to cancellation at a third party’s request.


    OPPOSITION, APPEAL, INVALIDATION AND INVALIDATION

    Opposition

    The notice of opposition of any person relevant to the registration of a mark shall be made within 90 days starting from the date of publication. The notice must be accompanied by supporting evidence. The DIP shall send forthwith a copy of such a notice to the applicant. Within 90 days starting from the date of notification of opposition, the applicant must provide counter-statement, in writing, stating the grounds upon which the applicant relies for his/her application. The applicant’s counter-statement should be accompanied by supporting evidence. If he does not do so, he shall be deemed to have abandoned the application. If the applicant submits a counter-statement, the DIP shall furnish a copy thereof to the person giving notice of opposition and after hearing the parties, if either or both wish to be heard, and considering the merits of the case, shall decide whether the registered mark is legitimate.

    Appeal

    For the patent, utility model and industrial design matters, the applicant or any interested party is entitled to appeal against any decision of the DIP, in particular the grant of a patent or the grant of a utility model certificate or the registration of an industrial design, or the refusal of an application for such a grant or registration, before the competent Court and such appeal shall be filed within 03 months of the date of the decision.

    For the trademark matter, the applicant is entitled to appeal against any DIP decision to refuse the application to the Appeal Board of Ministry of Commerce within 03 months counting from the Decision date.

    Any decision taken by Ministry of Commerce may be the subject of an appeal by any interested party before the Courts and such appeal shall be filed within 03 months of the date of the decision.

    Invalidation

    Invalidation of patent, utility model certificate and industrial design must be proceeded before the competent Court based on that requirement of patentability provided in of the Patent Law is not fulfilled or if the owner of the patent/utility model/industrial design is not the inventor/creator or his successor in title. Any invalidated patent, invalidated utility model (or claim or part of a claim) and invalidated industrial design, shall be regarded as null and void from the date of the grant of the patent/utility model or of the registration of the industrial design.

    Request for invalidation of the registration of a mark must be submitted before the Ministry of Commerce. The registration shall be invalidated if the person requesting the invalidation proves that any of the protection requirements is not fulfilled. Any invalidation of a registration of a mark shall be deemed to have been effective as of the date registration, and shall be recorded and a reference thereto published.

    Cancellation of trademark

    The registered mark may be cancelled by the Ministry of Commerce the following cases:

    • The applicant does not apply for renewal of the registered mark within the period prescribed under the trademark law
    • The owner of the registered mark requests the removal
    • The owner of the registered mark has not complied, within 90 days, with the conditions or restrictions prescribed under Article 8 of the trade mark law
    • The owner of the registered mark ceases to have an address for service in Cambodia
    • It is convinced upon evidence that the owner of the registered mark is not the legitimate owner
    • It is convinced that the registered mark is similar or identical to a well-known mark owned by third party.

    Any interested person may request the Ministry of Commerce to remove a mark from the Register, in respect of any of the goods or services in respect of which it is registered, on the ground that up to one month prior to filing the request the mark had, after its registration, not been used by the registered owner or a licensee during a continuous period of five years, provided that a mark shall not be removed if it is shown that special circumstances prevented the use of the mark and that there was no intention not to use or to abandon the same in respect of those goods or services.