Patent Drafting Trainings for Cambodian IP Agents

The Cambodian and Japanese patent offices recently began a series of trainings for IP agents in patent drafting, an important step in developing the human capital necessary for a fully-fledged patent system in Cambodia. With Cambodia's recent accession to the Patent Cooperation Treaty, the granting of the first Cambodian patent, as well as cooperation programs with Europe, Singapore and Japan, the Cambodian patent world has grown in leaps and bounds in the past few years. While patent filings…

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Guide to Patent Law in Cambodia Updated

Abacus IP's Guide to Patent Law in Cambodia has been updated, with important new information regarding cooperation programs with the IP offices of Singapore, Japan, and the European Union that allow rights holders to easily extend protection from those jurisdictions to Cambodia. We invite readers to download our report and welcome any feedback and suggestions.

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Improvements to the Madrid System

Following-up on Cambodia's accession to the Madrid System for international trademark registration, the World Intellectual Property Organization has announced the first and second of several improvements, which will make it easier for trademark holders to manage their rights. As described here and here, holders of international registrations can add or update their legal status (e.g. LLC, cooperative, corporation...) and territory of registration, with a simpler form. Second, WIPO has…

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Update: European Patents to be Recognized in Cambodia

Today, July 1st 2017, was the scheduled date for entering into force of the validation agreement for patents between the European Patent Office and the Kingdom of Cambodia. However, the enabling legislation is still pending, and thus we expect it to take a few more months before European patent applicants are able to request extension of validity to Cambodia. The Ministry of Industry and Handicraft has sent the agreement to the Council of Ministers for review and comment, before sending it to…

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Updated Guide to Industrial Designs in Cambodia

Our updated Guide to Industrial Designs in Cambodia has been published, and is available for download for free . Since the last edition, the most significant change has been Cambodia's accession to the Hague System for the International Registration of Industrial Designs, effective February 25, 2017. The system provides a practical solution for registering up to 100 designs in over 65 territories through one single international application.

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Updated Guide to Trademark Law Published

Abacus IP's updated Guide to Trademark Law in Cambodia has been published, and can be found . The new edition reflects important changes to the laws, regulations and practice in the field, especially regarding the accession to the Madrid System, opposition proceedings, and maintenance of trademarks.

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E-Filing of Trademarks Launched in Cambodia

A new online trademark registration system was launched today, allowing for faster and more convenient filing. The E-Filing platform can be used only for new trademark application, while post-application actions must be filed in person at the Department of Intellectual Property. This system is optional, as it will operate alongside traditional paper-filing in person. According to the Prakas (Regulation) issued by the Ministry of Commerce on May 4, 2017, an applicant with permanent residence…

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About the Cambodian Counter Counterfeit Committee

The Cambodian Counter Counterfeit Committee "CCCC" was established by the Sub-Decree No. 150, dated 31 October 2014 for combating all kinds of counterfeit products that harmful to health and social safety in the Kingdom of Cambodia. The CCCC consists of 14 ministries and institutions: Ministry of Interior, Ministry of Justice, Ministry of Public Health, Ministry of Industry and Handicraft, Ministry of Information, Ministry of Tourism, Ministry of Education, Youths and Sports, Ministry of…

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Cambodian Government Orders Bank to Change Logo

In interesting recent decision of the Council of Ministers is forcing Acleda Bank, Cambodia's largest commercial bank, to change its logo because it was too similar to that of the Ministry of Economy and Finance. Both logos feature a mythological golden bird in a circle, with Khmer script, but the similarities end there. Apparently this was too similar in the government's view, and has given the bank three weeks to replace all its signage, at an expense of millions of dollars. As quoted in…

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European Patents to be Recognized in Cambodia

Cambodia is set to become the first Asian country to allow European patent applicants to request extension of validity to its territory, a major simplification and acceleration of obtaining patent rights in the Kingdom. The agreement signed between the European Patent Office and the Cambodian Ministry of Industry and Handicraft is scheduled to enter into force on July 1st, 2017, presuming it is adopted into Cambodian law. "The new validation agreement with Cambodia is positive news for the…

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Industrial Designs: Cambodia Joins the Hague System for International Registration

Cambodia has signed up to the Hague System for the International Registration of Industrial Designs, effective February 25, 2017. The system provides a practical solution for registering up to 100 designs in over 65 territories through one single international application. Together with Cambodia's recent accession to the Patent Cooperation Treaty and the Madrid System for International Registration of Trademarks, this development radically simplifies the procedures and reduces the cost for…

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New Regulation on International Registration of Trademarks in Cambodia

Following Cambodia’s recent accession to the Madrid Protocol, the Government has enacted an implementing regulation setting forth procedures for registration. On November 1, 2016, a new Prakas (Declaration) on the Procedures for International Registration of Marks under the Madrid Protocol (Khmer only) was enacted by the Ministry of Commerce (MOC). The declaration sets forth procedures and documents required for where Cambodia is an office of origin or Cambodia is an office of designated…

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Cambodia Joins Patent Cooperation Treaty!

Cambodia has acceded to the Patent Cooperation Treaty, per Instrument of Accession dated 24 August, 2016 and deposited with WIPO on September 8, 2016. It's been a long time coming, and will usher in major changes to the Cambodian patent system, which we'll explore in future posts. Of particular note is that the Kingdom has opted out of Article 59 of the Treaty, which gives the International Court of Justice jurisdiction to adjudicate disputes between contracting states. The Treaty comes into…

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New Regulation on Certification Marks

On August 30, 2016, a new Prakas (declaration) was enacted by the Ministry of Commerce regarding the registration of certification marks. The declaration sets forth procedures and documents required for national and international registration, term of protection, invalidation and cancellation. Definition A certification mark refers to any name, symbol or any combination thereof that confirms that goods and/or services in connection with which it is used, are certified by the owner of the mark…

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New Regulations on Re-Registration of Singaporean Patents in Cambodia

On July 25, 2016, a new Prakas (declaration) on Registration of Singaporean Patents in Cambodia was enacted by the Ministry of Industry and Handicraft. The declaration sets forth procedures and documents required for re-registering a Singapore patent in Cambodia. In order to register, the applicant must have first been granted a patent Singapore. The Singaporean patent must be in-force at the time of filing a request for registration in Cambodia. In addition, the patent must have a filing date…

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Responding to Rejections Under the Madrid Protocol

It has been just over a year since Cambodia joined the Madrid system for the international registration of trademarks, and as the first responses from the Cambodian Registrar are starting to roll out, it makes for a good opportunity to address how to respond to rejections. Based on an ex-officio examination, the Cambodian Registrar will determine if there are grounds for refusing to register the mark - such as descriptiveness, generic words, or moral grounds. The Registrar’s decision is…

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Collective Management Organizations in Cambodia

Cambodia recently enacted regulation laying the framework for collective management organizations. CMOs are formed by copyright owners to manage their rights in common, by administering licenses, collecting royalties, and enforcing rights on their behalf. On July 05, 2016, the Ministry of Culture and Fine Arts issued a Prakas on Collective Management Organizations (Khmer only). Only authors and owners of related rights who are of Cambodian nationality may form a CMO. The application, to be made…

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New Regulation on Recording Exclusive Distributorships in Cambodia

On May 31, 2016, a new Prakas (declaration) on the Procedures to Record and File Permission Letters for Imported Goods Bearing Exclusive Trademarks was enacted by the Ministry of Commerce. The declaration sets forth procedures and documentations for recording permission letters of exclusive distributors and recognizing an exclusive right in the use of mark. The declaration applies to only genuine and new products which have not been sold first in Cambodia. Pharmaceutical products and secondhand…

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Abacus IP Teams Up With the Royal University of Law & Economics

With the goal of strengthening Cambodia's legal education, on July 8th 2016 Abacus IP and the Royal University of Law & Economics signed a Memorandum of Understanding to support each other's work. Abacus IP will help to promote the two master's degree programs in law at RULE - the Executive Masters of International Business Law and the Masters of Public International Law. Our help will include possible internships, joint research activities, conferences, publications and seminars, amongst…

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Japan-Cambodia Patent Cooperation Begins

Today marks the entering into force of a new cooperation program between the Japan Patent Office and the Ministry of Industry & Handicraft in examining and granting Cambodian patent applications. The basic concept of the program is that when the JPO has determined that at least one claim of an application is patentable, the MIH will grant a patent to the related Cambodian application at an early date. According to the Joint Statement of Intent on Cooperation for facilitating Patent Grant…

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Cambodia to Join Patent Cooperation Treaty?

Cambodia could soon be joining the Patent Cooperation Treaty, if all goes to plan. The Ministry of Industry and Handicraft (MIH) will be submitting a proposal for joining the Patent Cooperation Treaty to the Royal Government of Cambodia for consideration. Following on the heals of agreements with Singapore and Japan on joint examination, joining the PCT would herald major changes to the patent system in the Kingdom. On 31 May 2016, the MIH, in cooperation with Japan Patent Office and Japan…

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Abacus IP Named Best International IP Agency in Cambodia

Abacus IP has been named Best International IP Agency in Cambodia by Acquisition International Magazine for 2016. As businesses and individuals become increasingly dependent on technology, the Intellectual Property industry has grown in importance, with clients requiring support and advice on how to safeguard the intangible assets and online information which are often vital to their survival in the business market. With this in mind, the 2016 Intellectual Property Awards are dedicated to…

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Japan and Cambodia to Cooperate on Patent Granting

Under a new program, the Japan Patent Office will cooperate with the Ministry of Industry & Handicraft in examining and granting Cambodian patent applications. This promises to greatly accelerate the granting of patents, which have been back-logged at the Cambodian patent office for years. The basic concept of the program is that when the JPO has determined that at least one claim of an application is patentable, the MIH will grant a patent to the related Cambodian application at an early…

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ICT and IP – Recommendations from EuroCham

As mentioned in our previous post, EuroCham Cambodia's recent Whitebook on Trade and Investment Policy Recommendations deals in part with intellectual property issues. Within the chapter on information and communication policy, the authors make several salient points as to the ICT/IP interface in Cambodia: "The effective implementation of copyright and other intellectual property protection is an essential element of encouraging innovation within ICT. During our consultation with the private…

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Trademark protection deemed vital for innovation (link)

Newly appointed Minister of Commerce Pan Sorasak issued a shot across the bow yesterday at individuals and companies that infringe on the intellectual property of other firms, warning his ministry was ready to take action against violators. “Intellectual property plays an important role in promoting trade, especially for small- and medium-size enterprises that have intelligent and innovative products,” he said during an event marking World Intellectual Property Day. “The ministry will crack…

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Prevention of Parallel Imports of Pharmaceuticals: Recommendations from EuroCham Cambodia

The European Chamber of Commerce in Cambodia recently published its White Book on Trade and Policy Recommendations, a set of proposals to the government for improving the business climate in the Kingdom. As part of the chapter on healthcare, the association addresses the serious issue of parallel imports of pharmaceuticals, for years a critical IP and health safety issue in Cambodia. As the authors describe, Cambodia has in place a system for the registration of pharmaceutical products, which…

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How Long do IP Rights Last in Cambodia?

The duration of intellectual property rights varies widely in Cambodia, from a minimum of five years for industrial designs, to potentially indefinitely for trademarks and geographical indications. To summarize and compare the durations, we have compiled the following timelines. With some exceptions, protection generally begins with the filing of the application, even though it may take several months to years for the Registrar to examine and grant the rights.  

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Kampot pepper gets EU protection

The European Union has officially entered the name “Kampot pepper” into its register of protected designations of origin and protected geographical indicators, the EU’s official gazette reported this week. [Continue reading @ Phnom Penh Post]

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Intellectual Property Association of Cambodia Launched

This past Friday, February 12, 2016, the Intellectual Property Association of Cambodia, a new professional group dedicated to the development of IP in the kingdom, came together for the first time to elect a president and discuss the association’s future. The event was held at the Ministry of Commerce, and attended by H.E. Mr. Var Rotsan, Advisor to the Ministry of Commerce, and H.E. Mr. San Sorphom of the Ministry of Justice, along with 40 IP agents and lawyers. The members elected H.E. Mr.…

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Bust on fakes sparks riot in Poipet

A riot broke out at a market on the Thai side of the Poipet border crossing yesterday morning, leaving one Thai police van overturned by enraged Cambodian vendors and a handful of arrests. (Continue reading in Phnom Penh Post)

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