Industrial Designs Law in Cambodia
Certainly! Here's an overview of the Industrial Designs Law in Cambodia:
Industrial Designs Law in Cambodia
Governing Law:
Industrial designs in Cambodia are governed primarily by the Law on Patents, Utility Model Certificates, and Industrial Designs (No. 31/2003/NC), promulgated in 2003 and enforced by the Cambodian Ministry of Industry, Science, Technology & Innovation (MISTI) and the Cambodian Department of Intellectual Property Rights (DIPR).
What is an Industrial Design?
An industrial design protects the ornamental or aesthetic aspect of an article.
This includes the shape, pattern, lines, colors, or combination applied to a product.
The design must be new and original, with an appeal to the eye.
It protects visual features rather than technical functions.
Key Provisions under Cambodian Law
Definition:
An industrial design means any composition of lines or colors or any three-dimensional form, whether or not associated with lines or colors, which gives a special appearance to a product and can serve as a pattern for an industrial or handicraft article.
Eligibility for Protection:
The design must be novel, meaning it must not have been disclosed anywhere in the world before the filing date.
The design should not be dictated solely by the technical function of the article.
It should be applicable to an industrial product.
Registration Authority:
The Department of Intellectual Property Rights (DIPR) under MISTI manages design registrations.
Application Process:
Applications must include representations of the design (drawings or photographs).
Filing must be done within 6 months of first disclosure to maintain novelty.
The DIPR conducts a formal examination of applications.
Unlike patents, industrial designs undergo a formal, not substantive, examination.
Duration of Protection:
Protection is granted initially for 5 years from the filing date.
It may be renewed twice for further periods of 5 years each.
Maximum protection is 15 years.
Rights Conferred:
The registered owner has exclusive rights to use the design and prevent unauthorized use.
The right holder can license the design or transfer ownership.
Infringement and Remedies:
Unauthorized use, reproduction, or imitation of a registered design constitutes infringement.
Legal remedies include injunctions, damages, and seizure of infringing goods.
International Treaties and Agreements
Cambodia is a member of the World Trade Organization (WTO) and complies with the TRIPS Agreement, which sets minimum standards for intellectual property rights, including industrial designs.
Cambodia is a member of the Paris Convention for the Protection of Industrial Property, allowing priority claims based on earlier filings in other member countries.
Practical Considerations
The DIPR provides guidance and services for applicants.
Cambodia’s IP framework is considered developing but is actively being improved.
Industrial design protection supports Cambodia’s growing manufacturing and creative sectors.
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