
Intellectual Property Protection in Cambodia
Cambodia’s economy, fueled by garment manufacturing, tourism, and agriculture, is a growing destination for investment. Protecting intellectual property (IP) is critical to prevent counterfeiting
and establish brand presence in a market with an emerging IP framework. Our firm provides expert IP services to safeguard your trademarks and inventions in Cambodia.
Trademarks
Trademark protection in Cambodia is governed by the Law on Marks, Trade Names, and Acts of Unfair Competition of 2002, amended in 2016, administered by the Department of Intellectual Property under the Ministry of Commerce. Cambodia is a member of the Paris
Convention, Madrid Protocol, and Hague System.
Trademark Registration Process
Securing a trademark in Cambodia involves a straightforward process. The key steps include:
1. Trademark Search: Conduct a search through the Department of Intellectual Property’s records to ensure the mark is not already in use or registered.
2. Filing the Application: Submit the trademark application, providing details such as the mark, the class of goods/services (based on the Nice Classification), and applicant information. Applications can be filed in Khmer or English (with Khmer translation).
3. Examination: The Department examines the application for distinctiveness and non-conflict with existing marks, typically within 6 months.
4. Registration: If the Registrar is satisfied that there is no similar mark on the Register and the applied mark is distinctive to be registered, he shall issue the requisite certificate and publish a reference of this registration in the Official Gazette.
5. Publication: Within 90 days from the date of publication in the Official Gazette any interested person may file an opposition against the registered mark.
The entire process typically takes 12-18 months, depending on oppositions or delays. Our firm ensures a smooth registration experience.
Patents
Patent protection in Cambodia is governed by the Law on Patents, Utility Models, and Industrial Designs of 2003, administered by the Department of Industrial Property under the Ministry of Industry and Handicraft. Cambodia is a member of the PCT, Paris Convention, and Hague System, with cooperation agreements with Singapore and the EPO.
● Patentable Subject Matter: Inventions that are novel, involve an inventive step, and are industrially applicable are patentable. Exclusions include discoveries, aesthetic creations, and medical methods.
● Patent Types: The law covers utility patents, utility models, and industrial designs. Plant varieties are protected under separate legislation.
● Duration: Utility patents last 20 years; utility models 7 years, both from the filing date, non-renewable.
● Examination Process: The Department conducts formal examinations. Patents granted by IPOS or EPO can be re-registered, subject to local requirements (e.g., filing date after January 22, 2003).
● International Considerations: PCT filings are common, and Cambodia participates in the ASPEC program. No explicit data exclusivity for pharmaceuticals exists.
Contact Us
Ready to protect your IP in Cambodia? Contact us today for a consultation with our expert IP team. Let us help you secure your brand and inventions in this dynamic market.