KENFOX IP & Law Office > Cambodia Industrial Design FAQ

FAQs about Industrial Design in Cambodia

1. What is an industrial design?

Kenfox: An industrial design is a special appearance of a product of industry or handicraft, i.e. any combination of lines or colours or any three-dimensinal form, or any material, whether or not associated with lines or colors, which can serve as a pattern for a product of industry or handicraft, and appeals to and is judged by the eye.

2. For the drawing of the design, do you require photos or black and white line drawing? Or both?

Kenfox:

Black and white line drawings are required. No graphic representation, drawing or tracing of the industrial design shall exceed 10 centimeters x 20 centimeters. Such representations, drawings or tracings, shall be affixed on four sheets of cardboard of A4 size.

If an industrial design is two-dimensional, a sample which embodies the industrial design may be submitted along with the application.  

3. What are the criteria protection for an industrial design?

Kenfox:

An industrial design is registrable if it is new.

• An industrial design is considered new if it has not been disclosed to the public, anywhere in the world, by publication in tangible forms or by use or in any other way, prior to the filing date or, where applicable, the priority date.

The protection of an industrial design does not extend to any thing in an industrial design which services solely to obtain a technical result and to the extent that it leaves no freedom as regards arbitrary features of appearance.

In addition, designs which are contrary to public order or morality, which are harmful to human, animal or plant life, which seriously compromise the environment, or which are prohibited by law are excluded from protection.

4. What’s the needed information and documents? Do they need notarization or legalization? Is the original one required or is the scanned copy enough?

Kenfox:

Requisite Information

Full name, address and nationality of the applicant;

Full name, address and nationality of the creator;

Title of the design;

Indication of the kind of products for which the industrial design is to be used;

International Classification of the design;

Country/office, application number, filing date and the international classification of industrial design of the original foreign application from which priority is claimed (if applicable).

 

Requisite Documents

Drawings (or photographs, tracings or other adequate graphic representations) showing the different sides of the industrial design;

Power of Attorney (notarization is required);

Certified copy of priority documents and English translation thereof (only for applications claiming priority under the Paris Convention), which can be submitted later within 03 months from the filing date.

5. Please indicate the application process and the time taken.

Kenfox: Please see the flowchart for industrial design registration in Cambodia for your information.

6. Is the filing system of Cambodia the first-to-file?

Kenfox: Yes. Cambodia applies the first-to-file system, where the person whose application has the earliest filing date or, where applicable, the earliest priority date shall be granted an industrial design certificate.

7. May two or more industrial designs be filed in one application?

Kenfox: Yes. Two or more industrial designs may be the subject of the same application, provided they relate to the same class of the International Classification or to the same set or composition of articles.

8. To claim priority, should we provide you with priority document or DAS code? Do you need the original priority document or scanned copy is enough? Any notarization or legalization?

Kenfox:  To claim priority, an original certified copy of priority documents must be submitted to the Department of Industrial Property (DIP). Neither notarization nor legalization is required.

9. Will there be any certificate? Is it a paper one or electronic one?

Kenfox: Yes, if an industrial design is allowed for grant of an industrial design certificate, DIP will issue a paper certificate (not an electronic certificate).

10. What language is required to file industrial design applications?

Kenfox: The Khmer language shall be used for industrial design applications to be filed in Cambodia.

11. How long will an industrial design certificate be valid after being granted?

Kenfox:

An industrial design certificate will be valid for a period of five (5) years from the filing date. It may be renewed for two further consecutive periods of five (5) years. Therefore, the maximum length of protection for an industrial design is fifteen (15) years.

• The renewal of an industrial design certificate may be made by the registered owner or his agent during a six (6) month period before the expiry date of the certificate.

•  The renewal shall be made by payment of the renewal fee within the period specified above or, upon payment of the prescribed surcharge, within the grace period of six (6) months.

12. Which agency is in charge of granting and renewing industrial design certificates?

Kenfox: Industrial design certificates shall be granted and renewed by the Department of Industrial Property (DIP) of the Ministry of Industry, Science, Technology & Innovation (formerly, the Ministry of Industry & Handicraft of the Kingdom of Cambodia).