Mr. Thea Pheng, Partner at Abacus IP and External Expert of the South-East Asia IP SME Helpdesk, presented on the different relevant IP aspects to the garment and fashion industry, as well as the current situation concerning IP protection, from the protection for fashion designs over branding and trademarks to patents for technical fabrics.

1. Pheng Thea
External Expert, South-East Asia IP SME Helpdesk
Partner, Abacus IP
1 December 2021
IP in Garment and Fashion
Industry in Cambodia

2. Core Services – What We Offer
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Email:
question@southeastasia-iprhelpdesk.eu

3. KICK-OFF
1. I can protect a product via only one type of IP right?
A. True, if the product is protected by a trade dress then it cannot be protected
via a trade mark as well.
B. False, using several layers of protection (if possible) is better.
C. I don’t know.
2. Copyright protection is expensive and the registration process is difficult in
Cambodia?
A. True
B. False
C. I don’t know

4. An initiative of the
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Commission documents is regulated by Decision 2011/833/EU OJ L 330, 14.12.2011, p.39.
Speaker’s Bio
Name: Pheng Thea
Firm: Abacus IP
Location: Phnom Penh, Cambodia
Pheng Thea is a partner at Abacus IP. A seasoned IP professional, Mr. Pheng is licensed by the Cambodian Ministry of
Commerce's Department of Intellectual Property and certified by the World Intellectual Property Organization. Prior to
founding Abacus IP, Mr. Pheng lead the IP prosecution practice at a leading Cambodian law firm. His practice involved the
registration and maintenance of hundreds of trademarks, patents, industrial designs and other forms of IP on behalf of
innovators and businesses from around the globe.
Mr. Pheng was elected Chairman of the Intellectual Property Association of Cambodia in August 2019. Mr. Pheng is a
graduate of the faculty of law of Pannasastra University of Cambodia. In addition, he holds a Certification in Intellectual
Property Specialization from the World Intellectual Property Organization and the University of South Africa.
Professional Memberships:
​Intellectual Property Association of Cambodia, Chairman; ASEAN IP Association, Council Member; International Trademark
Association, Bulletin Committee Member; South-East Asia IPR SME Helpdesk, Member of Panel of Experts; Asian Patent
Attorney Association, Member

5. An initiative of the
• Trade mark
• Trade Dress
• Industrial Design/ Patent Design
• Copyright
• Patent /Utility Model
Agenda – IP in Garment and Fashion
Industry in Cambodia
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Commission documents is regulated by Decision 2011/833/EU OJ L 330, 14.12.2011, p.39.

6. An initiative of the
• Garment (or clothing industry): overall production and value chain of clothing
and garments, from textile production, embroidery, sewing, fashion design,
retailing to second-hand clothes and textile recycling.
• Fashion: the production and marketing of new styles
IP Challenge:
balancing costs to develop and protect IP
vs.
Short-lived commercial opportunities to exploit IP
Garment & Fashion Industry - Definitions
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Commission documents is regulated by Decision 2011/833/EU OJ L 330, 14.12.2011, p.39.

7. An initiative of the
Cambodian Garment Industry
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Commission documents is regulated by Decision 2011/833/EU OJ L 330, 14.12.2011, p.39.
This Photo by Unknown Author is licensed under CC BY

8. An initiative of the
Cambodian Exports
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Commission documents is regulated by Decision 2011/833/EU OJ L 330, 14.12.2011, p.39.

9. An initiative of the
Garment Industry – Cambodian Snapshot
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Commission documents is regulated by Decision 2011/833/EU OJ L 330, 14.12.2011, p.39.

10. An initiative of the
How is Fashion Protected in Cambodia?
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Commission documents is regulated by Decision 2011/833/EU OJ L 330, 14.12.2011, p.39.
Regime What for? How?
Copyright
Original creative or
artistic forms
Exists
automatically
Patents New inventions
Application &
examination
Trade
marks
Distinctive identification
of products or services
Use and/or
registration
Registration
Industrial
Designs
External appearance
Non-functional
Functional

11. Poll Question 1
Question: These shoes are protected
under which form of IP?
A. Patent
B. Copyright
C. Trade mark
D. Industrial Design

12. An initiative of the
One Product – Many Rights
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Commission documents is regulated by Decision 2011/833/EU OJ L 330, 14.12.2011, p.39.
Adidas Ultraboost DNA 5.0
Trade marks
- “Adidas” word
- “Love Unites”
- Adidas Brand Logo
- “Ultraboost DNA”
- Three Stripes
- Color Scheme
- Overall shape?
Copyright
- Brand Logo
- Color Design
- “Love Unites” Logo
- Product photos
Industrial Design
- Overall Appearance
Patents
- Materials
- Sole Design
- Manufacturing Tech

13. An initiative of the
Trade mark Statistics
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Commission documents is regulated by Decision 2011/833/EU OJ L 330, 14.12.2011, p.39.

14. An initiative of the
“any visible sign capable of distinguishing the goods
(trade mark) or services (service mark) of an
enterprise”
Article 2 of the Trademark Law (2002)
Trade marks
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Commission documents is regulated by Decision 2011/833/EU OJ L 330, 14.12.2011, p.39.

15. An initiative of the
• The North Face
• Adidas
• Gucci
• Zara
• Puma...
Logos & Names
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Commission documents is regulated by Decision 2011/833/EU OJ L 330, 14.12.2011, p.39.

16. An initiative of the
• Satisfies “visible sign” criteria, but
• Single-color marks incapable of distinguishing goods
• Marks of 2+ colors capable of registration
Color Marks
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Commission documents is regulated by Decision 2011/833/EU OJ L 330, 14.12.2011, p.39.
Christian Louboutin
Class 3: No. KH/66398/15
Class 18: No. KH/66399/15
Class 25: No. KH/66400/15

17. An initiative of the
• Not a separate form of IP, as in some countries
• Shape of product registerable as a trade mark
• Limited to non-functional elements
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Commission documents is regulated by Decision 2011/833/EU OJ L 330, 14.12.2011, p.39.
Vans, Inc.
Trade Dress
Mr. Lin Lay

18. An initiative of the
• Fabric designs
• Functionality Limitation
• Generally requires acquired distinctiveness
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Commission documents is regulated by Decision 2011/833/EU OJ L 330, 14.12.2011, p.39.
Jimmy Choo
Goyard St-Honore
Trade Dress

19. An initiative of the
• Cambodia does not require an applicant to actually use a trade mark at the
time of filing
• However, if it is not used after five years, it can be cancelled. An affidavit of
use should be filed in the 5th year.
• Question: If a brand owner only has products manufactured in Cambodia
for export, with no local sales, can they register and maintain their
mark?
Manufacturing for Export Only
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Commission documents is regulated by Decision 2011/833/EU OJ L 330, 14.12.2011, p.39.

20. An initiative of the
• Answer: Yes, in practice Manufacture for Export Only qualifies as sufficient
use to maintain the mark.
• Submit evidence of production in Cambodia when filing the affidavit in the
fifth year.
• Recommended to file for TM registration of any marks that will appear on
goods made in Cambodia.
Manufacturing for Export Only
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Commission documents is regulated by Decision 2011/833/EU OJ L 330, 14.12.2011, p.39.

21. An initiative of the
Industrial Designs
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Defined as any ...
1) composition of lines or colors
2) or any three-dimensional form,
3) or any materials
provided that the composition gives a special appearance to
product of industry or handicraft and can serve as a pattern for a
product of industry or handicraft, and appeals to and its judged by
the eye.

22. An initiative of the
Industrial Designs
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Commission documents is regulated by Decision 2011/833/EU OJ L 330, 14.12.2011, p.39.
Clothes, textile, apparel, knit and crocheted can be registered as
an industrial design if they are new

23. An initiative of the
Industrial Designs
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Commission documents is regulated by Decision 2011/833/EU OJ L 330, 14.12.2011, p.39.
Means of Transport Packages & Containers
Other Machines
Building & Construction
Elements
Articles of Clothing
Other
Industrial Designs by Class
Source: Ministry of Industry & Handicraft / Design View; through 22.12.19

24. An initiative of the
Industrial Designs
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Commission documents is regulated by Decision 2011/833/EU OJ L 330, 14.12.2011, p.39.

25. An initiative of the
Copyright
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Commission documents is regulated by Decision 2011/833/EU OJ L 330, 14.12.2011, p.39.
“Original works of authorship” are protected
Non-functional aspects

26. An initiative of the
Copyright
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Commission documents is regulated by Decision 2011/833/EU OJ L 330, 14.12.2011, p.39.
• Not (yet) a member of the Berne Convention
• Foreign works generally not protected
• Legislation enacted in 2020, waiting on formal accession to treaty
• Protection is automatic from the time of creation
• Recordation with the Cambodian Ministry of Culture & Fine Arts is voluntary,
but recommended in case of infringement or disputes of ownership

27. An initiative of the
Take Homes
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Commission documents is regulated by Decision 2011/833/EU OJ L 330, 14.12.2011, p.39.
• Many forms of IP protect garments and fashion
• Cambodia has a well established IP regime that follows international
standards
• To address infringement:
• register
• enforce
• monitor

28. CLOSING
1. I can protect a product via only one type of IP right?
A. True, if the product is protected by a trade dress then it cannot be protected
via a trade mark as well.
B. False, using several layers of protection (if possible) is better.
C. I don’t know.
2. Copyright protection is expensive and the registration process is difficult in
Cambodia?
A. True
B. False
C. I don’t know

29. An initiative of the
Let’s Stay Connected With Us!
@seaiphelpdesk
@ipSEAsia @south-east-asia-ip-
sme-helpdesk
South-East Asia Intellectual
Property SME Helpdesk
© European Union, 2021. Reuse is authorised provided the source is acknowledged. The reuse policy of European
Commission documents is regulated by Decision 2011/833/EU OJ L 330, 14.12.2011, p.39.

30. An initiative of the
Thank you for your attention
Questions?
© European Union, 2021. Reuse is authorised provided the source is acknowledged. The reuse policy of European
Commission documents is regulated by Decision 2011/833/EU OJ L 330, 14.12.2011, p.39.