The process of registering intellectual property rights is very easy with the institution of a new data based system for registering trademarks. Cambodia’s IP laws set out the requirements for registration of marks and patents and these requirements comply with international standards.
Cambodia signed onto the Madrid Protocol in 2015, which allows for the international registration of marks. https://www.wipo.int/web/madrid-system
- How do I register and protect my trademark, patents, utility model certificates, industrial designs and copyrights in Cambodia?
In Cambodia, there are three different ministries involved in the protection of trademarks, patents, utility model certificates, industrial designs, and copyrights. All procedures are clearly set out within the relevant laws. Cambodia requires registration of an in-country agent – therefore, a Power of Attorney is required for a local agent to act on behalf of the foreign TM owner. All filings require fees and these are set by the Ministry of Commerce and Ministry of Economy and Finance and are published.
Trademarks are registered with the Intellectual Property Department of the Ministry of Commerce. As in other countries, one must provide specimens of the marks, proof of authorization from the owner of the mark, proof of any international registrations, and a completed application. The Ministry of Commerce complies with the international class system of marks and a TM may be registered in multiple classes.
Patents, utility model certificates, and industrial designs are registered with the Ministry of Industry, Mines and Energy. The procedures and requirements for registration are in conformity with those of other countries as well as with the relevant international instruments and standards.
Copyrights are registered with the Ministry of Culture and Fine Arts, however there is only protection for Cambodian citizens and Cambodian legal entities.
- Is an internationally-registered trademark recognized in Cambodia? If not, what can be done to have an internationally-registered trademark recognized and protected in Cambodia?
No, Cambodia does not recognize international trademark registrations. Each trademark must be registered in Cambodia for protection within the country.
- What are the benefits of the registration? How long does the protection last? What is required to renew a registration?
A registered trademark is protected for ten (10) years, renewable. The registered owner must file an “affidavit of use or non-use of the trademark” within the fifth anniversary of the date of registration. If the affidavit isn’t filed, the trademark can be removed from the Register.
- Can a trademark be assigned? What is the procedure?
A trademark can be assigned by submitting an application that is signed by the assignor and assignee and submitted together with the applicable fee.
- How effective are the measures that might be taken against infringements?
The Dispute Resolution Unit of the Intellectual Property Department of the Ministry of Commerce handles infringement complaints if the trademark owner requests. The Unit has proven effective to date. A court action would be a last resort.