The document outlines the top 10 recent developments in Cambodian intellectual property as of December 2017, highlighting significant changes such as the e-filing of trademarks, the validation of European patents, and various agreements for the re-registration of patents from China, Japan, and Singapore. It emphasizes Cambodia's commitments under international agreements like the Patent Cooperation Treaty and the Madrid System, which enhance the country's IP framework. Additionally, it includes a notable legal case involving Acleda Bank and the Ministry of Economy and Finance.

1. Top 10
Recent Developments
in Cambodian IP
David Haskel & Pheng Thea
December 2017

2. 10. E-filing of Trademarks

3. 9. ACLEDA Bank vs. Ministry of Economy & Finance

4. 9. ACLEDA Bank vs. Ministry of Economy & Finance
• Registration No. KH/12669/99
• Filed in 1999
• Abandoned in 2014
Law on Trademarks, Tradenames and Acts of Unfair Competition
Article 4(d)-if it is identical with, or is an imitation of or contains as an
element, an armorial bearing, flag and other emblem, a name or
abbreviation or initials of the name of , or official sign or hallmark adopted
by, any State, intergovernmental organization or organization created by
an international convention, unless authorized by the competent authority
of that State or organization;

5. 9. ACLEDA Bank vs. Ministry of Economy & Finance
• 300+ branches in Cambodia, Laos & Myanmar
• 350+ billboards
• 1.7 million bank cards
• Estimated cost: $3.5 million

6. 8. Validation of European Patents
• Agreement on Validation of European Patents signed on January 23, 2017
• Originally due to enter into force on July 1, 2017
• Royal Kram (Law) promulgating the Agreement, signed November 22, 2017
• Ministry drafting implementing regulation, expected December 2017
• Allows for holder of EU patent to apply for validation, subject to payment of a fee, to
extend rights to Cambodia
• Patent will be subject to Cambodian law
• Only Morocco, Moldova and Tunisia have signed such agreements

7. 7. Re-Registration of Chinese Patents
• MOU between State Intellectual Property Office of China and Ministry of Industry and
Handicrafts signed September 21, 2017
• Valid invention patent authorized by SIPO can be directly registered in Cambodia and
receive protection
• MOU will require enabling regulations, likely in 2018

8. 6. Japanese Cooperation for Facilitating Patent Grant
• Entered into force July 1, 2016
• Implementing Declaration on Registration of Japan Patent, July 25, 2016
• Requirements:
• JPO patent application with the same filing or priority date
• Corresponding JPO patent has been determined to be patentable
• Identical claims between Cambodian and JPO applications
• Meets Cambodian standards for patentability (i.e. excludes pharmaceutical patents)

9. 5. Re-Registration of Singaporean Patents
• In effect since July 25, 2016
• Declaration on Registration of Singapore Patent, July 25, 2016
• Singaporean must have been granted and in-force
• Filing date on or after January 22, 2003
• Meets Cambodian standards for patentability (i.e. excludes pharmaceutical patents)

10. 5. Re-Registration of Singaporean Patents
0
10
20
30
40
50
60
70
80
2007 2008 2009 2010 2011 2012 2013 2014 2015 2016 2017*
Patent Applications & Registrations, Direct vs. IPOS Filing
Registratons - Direct Registrations IPOS Applications - Direct Applications - IPOS
*Through May 2017
Source: Ministry of Industry & Handicraft

11. 4. Hague System for Int’l Registration of Industrial Designs
• Effective February 25, 2017
• 25 applications have designated Cambodia in 2017
• Implementing regulations needed before Registrar begins accepting Cambodian
applications
0
20
40
60
80
100
120
2006 2007 2008 2009 2010 2011 2012 2013 2014 2015 2016 2017*
Industrial Design Applications, 2006-2017
Direct Hague
*Through June 2017
Source: WIPO

12. 3. Patent Cooperation Treaty
• Instrument of Accession – August 24, 2016
• Into force – December 8, 2016
• 90% discount on fees as least developed country
• As of December 2017, one application filed as office of origin, no designations of Cambodia yet

13. 2. Madrid System
• Madrid Protocol entered into force on June 5, 2015
• Declaration on the Procedures for the International Registration of Marks, Nov. 1,
2016
- Cambodia can be designated
- Still waiting further regulations to serve as office of origin
• Least Developed Country: 90% discount on basic registration fee

14. 2. Madrid System
*Through November 29, 2017
Source: WIPO Global Brand Database
0
1000
2000
3000
4000
5000
6000
7000
8000
2010 2011 2012 2013 2014 2015 2016 2017*
Trademark Applications by Year,
Madrid Designations vs. Direct Filing
Madrid Direct

15. 2. Madrid System
*Through November 29, 2017
Source: WIPO Global Brand Database

16. 1. Publication of
The Complete Guide to Intellectual Property in Cambodia

17. Top 10
1. The Complete Guide to IP in Cambodia
2. Madrid System
3. Patent Cooperation Treaty
4. Hague System
5. Re-registration of Singaporean Patents
6. Japanese Cooperation for Facilitating Patent Grant
7. Re-registration of Chinese Patents
8. Validation of European Patents
9. ACLEDA Bank v. Ministry of Economy & Finance
10. E-Filing of Trademarks

18. 436 Plov Lum, Chamkar Orvleuk
Sangkat Kakab, Khan Posenchey
12406 Phnom Penh
Cambodia
+855 (0)88 8005 400
+855 (0)12 215 129
info@abacus-ip.com
www.abacus-ip.com