GovWire

This page provides practical information to help you make the most of your IP when doing business inCambodia.

If you plan to do business inCambodia,or if you are already trading there, it is essential to know how to manage and enforce your IP as private property rights.

British businesses looking for access to intellectual property advice and support should contact our South East Asia attach team, based in the High Commission in Singapore.

The Department of Intellectual Property, The Department of Copyright and Related Rights and The Department of Industrial Property (DIP) are the bodies responsible for operating the patent, industrial design, trade mark and copyright system in Cambodia.

Trade marks

The Cambodia trade mark system is similar to the UKs. Trade marks protect symbols, colours or other devices used to identify a business products or services. A trade mark is valid for 10 years, then may be renewed indefinitely for further 10-year periods.

To apply for a trade mark registration in Cambodia you can:

• apply online via The Department of Intellectual Property Rights
• make an international trade mark application and select Cambodia as a designated country. More information on international trade marks can be found in the?protecting your trade mark abroad page

Good to know

A translation into Khmer may be required and businesses should use a local lawyer.

Patents

There are two types of patents that can be granted in Cambodia, Patents and Utility Models. Patents can be protected for up to 20 years and Utility Model up to 7 years subject to payment of annual fees.

To protect your invention with a patent or utility innovation in Cambodia you can:

1. File an application directly to Department of Industrial Property.
2. File an international patent application and select Cambodia as a designated country. This can reduce the cost and effort of applying for patents in multiple countries. More information on international patents can be found in the?protecting your patents abroad page.
3. File an ASEAN application via the ASEAN Patent Examination Co-operation (ASPEC). This can reduce the cost and effort of applying for patents in multiple ASEAN countries.

Good to know

Cambodia operates a first to file principle. If 2 people apply for a patent on an identical invention, the first one to file the application will be awarded the patent. Cambodia does operate a 12-month grace period, where you can register a patent within 12 months of public disclosure.

You must use a patent lawyer registered in Cambodia for your application.

Designs

In Cambodia, design protection initially lasts for 5 years and can be extended for 2 consecutive periods i.e., protection can last for a maximum of 15 years.

To protect your design in Cambodia you can:

1. File an application directly to Department of Industrial Property.
2. File an international design application and select Cambodia as a designated country. This can reduce the cost and effort of applying for designs in multiple countries. More information on international designs can be found in the protecting your designs abroad page.

Good to know

Cambodia operates a first to file principle. If two people apply for an identical design, the first one to file the application will be awarded the protection. Cambodia does operate grace period where you can register a design within 12 months of any public disclosure.

UK applicants must use a registered Cambodian lawyer to complete the registration.

Copyright

As in the UK, copyright is an automatic right under Cambodian law however you can voluntarily register your copyright which can be helpful for enforcing your rights.

Works that can be protected by copyright laws in Cambodia are defined as a product in which thoughts or sentiments are expressed in a creative way and can be literary, scientific artistic or musical.

The length of protection varies but generally lasts for 50 years following the authors death.

Enforcing your rights

IP infringement can be aconcern for businesses in Cambodia. If your IP rights are infringed, there are 3 main avenues to consider: private mediation, administrative action or litigation (civil or criminal) in the courts.

Civil and criminal proceedings can be time-consuming therefore mediation tends to be the preferred option.

There is no system available for registering IP with customs. You can file a complaint with customs to suspend suspected goods at the border however the process can be challenging and time consuming.

More information

For specific support on IP enforcement, we have developed a question-and-answer guide to address commonly asked questions and concerns regarding IP enforcement landscape in Cambodia.

Visit this page for more information on how to report a market barrier on IP in Cambodia.

UK ASEAN Business Council (UKABC) provides awareness on the latest opportunities in the region and facilitates trade and investment content delivery for UK companies looking to expand their operations into markets across Southeast Asia including Cambodia.

British Chamber of Commerce in Cambodia provide a variety of business advice, services and support to businesses operating in country.