Cambodia applied online Registration System for Trade Marks

shutterstock_152628707Good news for all the European SMEs wishing to do business in Cambodia, it is now possible to file trade mark registration applications online. Today’s blog post has been kindly shared with us by our South-East Asia IPR SME Helpdesk external expert Mr. Nguyen Hoa Binh from Daitin & Associates. In this blog post Mr. Nguyen Hoa Binh explains the new online application process in more detail. 

On 25 May 2017, the Ministry of Commerce in Cambodia launched online trade mark filing system.

The new launched online filing system allow Applicant to file applications to register their trade marks online.

Accordingly, Applicants can upload the required documents and information through the online trade mark filing system.

The trademark applicant can also conduct preliminary trademark search from the Cambodia Department of Intellectual Property database.

Under the Prakas (Regulation) issued by the Ministry of Commerce on May 4, 2017, an applicant with permanent residence or principal place of business inside Cambodia can use this system.

The applicant has to request in writing to the DIP for a user name and password. For foreign applicants, the system can only be used through a registered Cambodian trademark agent.

Once the trademark application has been filed, when the applicant is represented by an agent, the original, notarized power of attorney, along with any priority documents, must be submitted in hard copy to the Department of Intellectual Property within two months from the filing date. Continue reading “Cambodia applied online Registration System for Trade Marks” »

Validation of European Patent in Cambodia

shutterstock_166598477Good news for the European SMEs wishing to do business in Cambodia, it’s now possible to validate European patents in Cambodia. Today’s blog post on validation of European patent in Cambodia has been kindly drafted for us by our external IPR expert Dr. Phin Sovath from Bun & Associates. In this blog post, Dr. Phin further explains the Agreement on Validation of European Patent between the Royal Government of Cambodia and the European Patent Office.

Summary

On 1st March 2018, the Agreement on Validation of European Patent (the “Validation Agreement”) enters into force in Cambodia. Henceforth, it is possible to request for validation of the European patent in Cambodia and thus obtain the same protection as national patent granted by the Ministry of Industry and Handicraft (the “MIH”).

In January 2017, the Royal Government of Cambodia and the EPO entered into Agreement on Validation of European Patent. In November 2017, the law on ratification of the Validation Agreement was promulgated. And from 1st March 2018 onward, the European patent holder may request for its validation in Cambodia through a simplified and accelerated procedure set forth in the Prakas No. 282 MIH/2017 dated 08 December 2017 of the Ministry of Industry and Handicraft (the “Prakas No.282 MIH/2017”).

In accordance with Prakas No. 282 MIH/2017, the validation procedure is applicable to both European patent and European patent application which refers to either the patent application filed with the EPO under the framework of the European Patent Convention (the “EPC”) or the international application for patent registration filed under the framework of the Patent Cooperation Treaty (the “PCT”) having designation of both the EPO and Cambodia. Moreover, the eligible European patent and European patent application will have a filing date on or after the date of entry into force of the Validation Agreement in Cambodia, i.e. 1st March 2018. Continue reading “Validation of European Patent in Cambodia” »