Industrial design registration in Cambodia

The number of industrial design applications in Cambodia has recently increased significantly. Naturally, Cambodia is famous for its unique handicrafts such as wood carvings, silverware, bronze, silk, and rattan and bamboo products. So other industrial designs are easy to create, the development of industrial designs in this field will help to improve product value, attract tourists and expand export markets. Professions related to jewelry and fashion accessories are also thriving here, especially silver and gemstone products. The investment in industrial design will help create unique products that meet the increasing needs of domestic and international consumers. Cambodia also imports and exports many items related to furniture and home decoration. The development of industrial designs in this field will help businesses create products that suit consumer tastes and compete with imported products. Therefore, more and more people want to register industrial designs in Cambodia, Viet An Law would like to guide customers through the following article.

Legal Basis

• Law on Patents, Utility Design Certificates and Industrial Designs

Definition of industrial design in Cambodia

In Cambodia, an industrial design defined in Article 89 of the Law on Patents, Utility Design Certificates, and Industrial Designs is “any combination of lines or colors or any three-dimensional form, or any material,  whether or not it is associated with lines or colors, as long as the combination, form or material gives a special appearance to an industrial or handicraft product and can be used as a model for an industrial or handicraft product.”

Conditions for industrial design registration in Cambodia

• Novelty: The design must be new, which means that it has not been publicly disclosed anywhere in the world before the filing date or priority date of the application.
• Industrial applicability: The design must be able to be industrially copied.

Industrial designs are applied to a wide range of industrial products and handicrafts, including technical and medical instruments, watches, jewelry, household appliances, electrical appliances, vehicles, architectural works, textile designs, and consumer goods.

Application for industrial design registration in Cambodia

• Application Form: The application form includes the following information:
  • Name, address, nationality and contact information of the applicant (and representative, if applicable);
  • Title of industrial design;
  • Specifies the products to which the style will be applied (Product Type).
  • International Classification Code for Industrial Designs (Locarno Classification).
• Representative image of the style:
  • Drawings, photographs, or other graphic images of the design.
  • These images need to clearly represent all angles of the style (front, back, side, top, bottom, perspective, etc.).
  • A maximum of 7 images can be submitted.
• Priority documentation (if applicable): If a priority claim is from a previous application filed in another country, the applicant will need to submit a certified copy of the previous application.
• Power of attorney (if applicable): If the applicant files through a representative (e.g., attorney or intellectual property representative), the applicant will need to provide a power of attorney that allows them to act on behalf of the applicant.
• Other documents, if any:
  • Copyright claim (if the applicant is not the creator of the design).
  • The transfer document (if the rights to the design have been transferred).

Process of processing industrial design applications in Cambodia

After filing, DIP will conduct an examination of the industrial design application

Formal Examination: DIP will conduct formal due diligence to ensure that the dossier meets the requirements for filing and does not violate the conditions for granting an industrial design.

Publication: If the dossier has been successfully appraised, it will be published in the Official Gazette of Industrial Property.

Opposition period: The  opposition period is three months from the date of publication, during which third parties can file an objection to the registration.

Registration and Issuance of Certificates: If no objections are filed or if the objections are resolved, DIP will register the industrial design and issue a certificate of registration.

Industrial design registration in Cambodia under the Hague Agreement

What is the Hague Agreement on the industrial design registration?

The Hague Agreement on the Industrial design registration (referred to as the Hague Agreement) is an international treaty administered by the World Intellectual Property Organization (WIPO). This agreement provides an international registration system for industrial designs that makes it easy for individual designers and businesses to protect their designs on a global scale.

Benefits of registering industrial design protection through the Hague Agreement

• Simple: Instead of having to file an individual application in each country, the applicant only needs to file a single application in one language (English, French or Spanish) and pay in one currency (Swiss franc) to apply for protection in multiple member states.
• Savings: Significantly reduces costs compared to filing individual applications in each country.
• Centralized Management: Easily manage the applicant’s portfolio of registered industrial designs through a single system.
• Flexibility: The applicant can choose the countries in which you want to protect your industrial design.

Dossier of registration for protection of industrial designs under the Hague Agreement

A dossier for registration of an industrial design under the Hague Agreement includes the following documents:

• International Registration Declaration:
  • The applicant completes the application according to WIPO’s prescribed form in one of three languages: English, French or Spanish.
  • In the application, it is necessary to clearly specify the application for protection under the 1999 Document or the 1960 Document of the Hague Agreement.
  • List the countries in which the applicant wishes to protect his industrial design.
• Images or drawings of the industrial design: the image needs to clearly and fully show the perspectives of the industrial design that the applicant wants to register. The applicant also needs to pay attention to ensuring the quality of good and clear images or drawings.
• Documentation of payment of fees: The applicant notes that the international registration fee should be paid in accordance with WIPO regulations.

Industrial design registration service in Cambodia by Viet An Law Firm

• Perform the search and notify customers in writing of the results of industrial design search in Cambodia;
• Drafting dossiers and directly submitting and monitoring the status of dossiers for industrial design registration in Cambodia on behalf of the industrial design owners;
• Notifying, advising and handling deficiencies/refusals of competent State agencies (if any) in the process of monitoring industrial design applications in Cambodia;
• Assisting in monitoring and representing the settlement of objections and feedback to the intellectual property representative carrying out procedures in Cambodia.
• Receive official dispatches, certificates and hand over to customers (if any).

If you want to apply for industrial design registration in Cambodia, please contact Viet An Law Firm for the most effective support.