The Ten Types of Trademarks in Cambodia

Trademarks in Cambodia can be categorized into ten broad classes, covering both the traditional marks (words, logos) as well as non-traditional marks like the product shape, architectural designs, and holograms. The key criteria is that it must be visible - Article 2(a) of the Trademark Law states that a "mark means any visible sign capable of distinguishing the goods (trademark) or services (service mark) of an enterprise". This excludes such non-traditional marks as sounds, smells, tastes and…

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Trademarks in Architecture: The State of Cambodian Law

Two pending trademark applications for architectural designs raise the question of the scope of trademark protection for building designs in Cambodia. Many jurisdictions around the world recognize trademark rights in both specific elements of a building - such as an iconic statute, door, or spire - as well as potentially in the overall design of the building itself. The key legal question that the trademark office and courts contend with is whether the public, when viewing the building or…

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Webinar: Trade Mark Protection for EU SMEs in Cambodia’s Fashion and Textile Industry

  Join Mr. Pheng Thea, Principal of Abacus IP and the IPR SME Helpdesk expert in Cambodia, to learn about practical IP steps to be taken related to  trademark protection in Cambodia. This presentation is complemented by case studies and a live Q&A session where all questions raised by the webinar attendees are given an expert response. This Webinar will give European SMEs all the necessary information on trademark protection in the fashion and textile industry in Cambodia. The expert…

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中国专利在柬埔寨的登记生效

依据最近中国国家知识产权局(SIPO)与柬埔寨工业及手工业部(MIH)达成的备忘录,中国的专利可以通过填写必要的文件和支付指定的费用在柬埔寨登记生效,从而将专利权延伸到柬埔寨。到目前为止,属于3个申请者的20项专利已被接受登记并生效。 被登记生效的专利必须已被授予且状况良好,申请日期在2003年1月22日(柬埔寨专利法签署日)之后。由于该系统具有追溯性,所有的只要是在有效日期之后申请的中国发明专利都有资格进行登记生效。登记生效系统不接受设计专利和实用新型专利。此外,此登记生效过程是单边的——柬埔寨的专利在中国不必进行登记生效。 由于药物专利不受柬埔寨专利法的保护,中国的药物专利不能够登记生效。 生效申请必须由柬埔寨的有资质中介向MIH内部的工业产权部门提出。生效申请包括: • 申请表 • 中国专利的描述、专利要求书、摘要和图纸(如有)的认证副本 • 由中国国家知识产权局颁发的专利登记簿 • 经公证的委派中介的委托书原件 • 高棉语的翻译件,可以在提出申请后六个月内归档…

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Acceleration of Japanese Patent Applications in Cambodia

An applicant for a Japanese patent that has been filed in Cambodia may request for acceleration of their Cambodian patent application under the Cooperation for Facilitating Patent Grant (CPG). According to the Prakas (Declaration) on the Implementation of the CPG, the request for acceleration of patent decision based on the CPG must be submitted to the Department of Industrial Property of the Ministry of Industry and Handicraft. A Japanese patent application must have been filed with the same…

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First Chinese Patents Validated in Cambodia

In a ceremony in Phnom Penh yesterday, the patent certificates for a first batch of 20 Chinese patents were validated in Cambodia. The validation system, a cooperation between the State Intellectual Property Office of China and the Cambodian Ministry of Industry and Handicraft, allows holders of Chinese invention patents to validate their rights in Cambodia, essentially granting them a Cambodian patent simply by filing the necessary documents with the Ministry of Industry and Handicraft. As…

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Registering an Industrial Design in Cambodia

Industrial designs are registered in Cambodia with the Department of Industrial Property within the Ministry of Industry and Handicraft. The legal framework is provided in the Law on Patents, Utility Models and Industrial Designs, along with an implementing regulation, the Prakas (Declaration) on the Procedure for Registration of Industrial Design.A registrations is valid for five years from the filing date of the application, and can be renewed for two further periods of five years, for a…

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Validation of Chinese Patents in Cambodia Coming Soon

The upcoming validation system of Chinese patents in Cambodia is nearing, with the State Intellectual Property Office of China (SIPO) releasing further details on how the process will work. According to news reports, the system is set to begin March 28, 2018, by which time implementing regulations will need to be in place. The system will allow holders of Chinese invention patents to validate their rights in Cambodia, essentially granting them a Cambodian patent simply by filing the necessary…

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Cambodia First Country to Sign Up to Geographical Indication Treaty

Yesterday, Cambodia became the first country to join the Geneva Act of the Lisbon Agreement on Appellations of Origin and Geographical Indications. The Geneva Act provides a system for a single application, through the World Intellectual Property Organization and a single set of fees, for registering appellations of origin or geographical indications across multiple jurisdictions, rather than applying individually in each country. Cambodia deposited its instrument of accession with the WIPO…

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How to Validate a European Patent in Cambodia

Under a recent cooperation agreement, European patents can be validated in Cambodia, thereby conferring the same rights as a regular Cambodian patent. Cambodia is the only country in Asia to benefit from such a system, and only the fourth globally (Morocco, Moldova and Tunisia being the others). The validation must be specifically requested by the patent owner - the validation agreement does NOT automatically extend patent protection for all European patents to Cambodia. Validation is…

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Translating a Patent into the Cambodian Language

An applicant for a Cambodian patent must submit a Cambodian language (Khmer) translation of the application - a seemingly cumbersome and expensive process, which actually turns out to be much easier than at first glance. Confronted with this requirement, many potential applicants hire a professional translation firm, often at great expense, to perform the translation before submitting the application to the Ministry of Industry and Handicraft. Given the technical sophistication of the document…

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Attorney Sreypeou Chaing joins Abacus IP as Of Counsel

Abacus IP is pleased to announce the joining of Ms. Sreypeou Chaing as Of Counsel to Abacus IP, where she focuses on contentious intellectual property matters in Cambodia. An attorney admitted to the Bar Association of Cambodia and the Managing Partner of CSP & Associates, Sreypeou has years of experience handling litigation cases before Cambodian courts, as well expertise in a broad range of commercial and corporate matters. “Having known and worked with Sreypeou for close to a decade, I am…

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Validation of European Patents in Cambodia to Begin March 1st

From March 1, 2018 European patent applications and registrations can be validated in Cambodia, thereby conferring essentially the same protection as throughout the 38 member states of the European Patent Organization. Validation is made upon request and payment of a 180 Euro validation fee, and only possible for European or international applications filed on or after March 1, 2018. The validation system is based on an agreement between the President of the European Patent Office and the…

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Renewing a Trademark in Cambodia: Calculating Deadlines

One recurring issue our clients encounter is how to calculate the various deadlines associated with owning and renewing a trademark in Cambodia. Miss a deadline and the registration risks being scratched from the Registry. Trademarks are valid for ten years as counted from the date of filing of the application, and can be renewed for subsequent ten-year terms indefinitely. In order to renew, a request must be submitted and the appropriate fee paid on time. The renewal request can be submitted…

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Abacus IP @ INTA Annual Meeting

Abacus IP, represented by its Director David Haskel, will be attending the International Trademark Association Annual Meeting in Seattle from May 19-23, 2018. The world’s largest and most widely attended trademark event, INTA’s Annual Meeting, offers the unmatched opportunity to examine key industry issues, gain actionable insights, forge critical partnerships, exchange ideas, and come away energized and equipped to meet the challenges and opportunities offered by a constantly evolving IP…

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Official Fees for Trademark Matters in Cambodia to Increase

Effective January 1, 2018, the official fees for trademark matters in Cambodia will be increased and new fees will be introduced for international marks under the Madrid System, which Cambodia joined on June 5, 2015. While certain fees will more than double, the basic fee for filing and registration of a trademark will increase by less than three percent. With the establishment of the fees for international marks, the Department of Intellectual Property Rights will, from January 1, 2018, be…

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How to Re-Register a Singapore Patent in Cambodia

The Intellectual Property Office of Singapore and Cambodia’s Ministry of Industry and Handicrafts concluded a Memorandum of Understanding permitting for the filing of Cambodian patents through the Singaporean authority, and vice versa. The Memorandum of Understanding is valid for five years from January 20, 2015 and can be renewed upon the mutual consent of both parties. After the Ministry of Industry and Handicraft issued a Prakas (Declaration) on implementation the Memorandum on July 25,…

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Complete Guide to Intellectual Property in Cambodia Released

Abacus IP is pleased to announce the publication of its new work, The Complete Guide to Intellectual Property in Cambodia. This guide provides a go-to reference for attorneys, business owners, and the interested public, covering all major forms of IP in the Kingdom of Cambodia. With chapters on trademarks, copyrights, patents, industrial designs, geographical indications and other forms of IP, readers will find a concise, complete, and up-to-date summary and analysis of current law and…

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China and Cambodia to cooperate on E-Commerce, law still pending

Following on two other cooperation agreements signed recently (on trademarks and patents), Cambodia and China have agreed to cooperate on e-commerce matters, as reported by the Phnom Penh Post. The MOU, signed in Phnom Penh on November 10th, covers policy communication, capacity building, personnel training and joint research. With the Chinese e-commerce giant Alibaba recently bringing in over $25 billion in a single day, more than the annual GDP of Cambodia, China could certainly offer…

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Event: Legal aspects of blogging and citizen journalism in Cambodia

Wednesday, November 15, 2017 7:00 PM - 8:30 PM Pannasastra University (South Campus) This is an open lecture organized by the Pannasastra University as a part of their media and ethics course for students and young professionals. Guests are welcome to join us at South Campus, Pannasastra Univesrity, provided they register in advance using the form. Anirudh S. Bhati, is the Executive Director at the Greater Mekong Research Center and will be speaking on legal aspects of blogging and citizen…

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Cambodian Membership in IP Treaties

Below is a short round-up of the IP treaties administered by the World Intellectual Property Organization signed by Cambodia, and the date of entry into force or signature: - Hague Agreement Concerning the International Registration of Industrial Designs - February 25, 2017 - Patent Cooperation Treaty - December 8, 2016 - Madrid Protocol Concerning the International Registration of Marks - June 5, 2015 - Marrakesh Treaty to Facilitate Access to Published Works for Persons Who Are Blind,…

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Chinese Patents to Gain Protection in Cambodia

Invention patents granted by the State Intellectual Property Office of China (SIPO) will be allowed to directly register in Cambodia and receive protection, according to a recently signed Memorandum of Understanding signed by the two countries. The MOU, signed during a recent delegation of the Ministry of Commerce and the Ministry of Industry and Handicrafts to SIPO, is a significant step in the expansion of patent rights and cooperation between the two countries. The agreement also states…

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Nontraditional Marks in Cambodia and the Question of Registerability

While trademarks have traditionally consisted of a word, logo or some combination of the two, the field has in recent years expanded to include a variety of "nontraditional" marks of various types. Whether these can be protected varies from country to country, and in Cambodia the answer is that they are generally not registerable. Article 2 of the Trademark Laws defines a "mark" as any visible sign capable of distinguishing the goods (trademark) or services (service mark) of an enterprise. The…

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China and Cambodia Deepen Co-Operation on Trademark Matters

China and Cambodia agreed to deepen their cooperation in the trademark field, signing a Memorandum of Understanding on September 6, 2017. The agreement between the Ministry of Commerce of the Kingdom of Cambodia and the State Administration for Industry and Commerce of the People's Republic of China, aims to improve knowledge transfer between the two authorities, through sharing of legal documents and study exchange visits, as well as improve protection of Chinese brands in Cambodia, and…

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Thailand Joins the Madrid System

On August 7th, 2017, Thailand submitted its instrument of accession to the Madrid Protocol with the World Intellectual Property Organization, a significant step forward in internationalizing its trademark system. Thailand joins Cambodia and 98 other countries in this international treaty which allows trademark owners to file a single application applicable to all other member countries. Conversely, a trademark owner from any other member country can now extend their rights to Thailand through…

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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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