Trademark Protection for EU SMEs in Cambodia’s Fashion and Textile Industry South-East Asia IPR SME Helpdesk Pheng Thea Abacus IP 31 May 2018

Copyright © 2018 South-East Asia IPR SME Helpdesk. Speaker’s bio Name: Mr. Pheng Thea Firm: Abacus IP Location: Phnom Penh, Cambodia Email: Thea@abacus-ip.com Pheng Thea is the co-founder and principal of Abacus IP, a full-service intellectual property agency in the Kingdom of Cambodia. 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 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. 31 May 2018 Copyright © 2018 South-East Asia IPR SME Helpdesk. All rights reserved.

Contents Brief information about garment sector in Cambodia IP Laws and Regulations Trademark registration & procedures How to maintain the registration Case study: Licensing Industrial Design in Textile Industry Case study: Production of Licensed Goods in Cambodia Watch outs and tips Conclusions

Copyright © 2018 South-East Asia IPR SME Helpdesk. Cambodian Garment Industry 31 May 2018 Copyright © 2018 South-East Asia IPR SME Helpdesk. All rights reserved.

Copyright © 2018 South-East Asia IPR SME Helpdesk. Cambodian exports Source: https://atlas.media.mit.edu/en/visualize/tree_map/hs92/export/khm/all/show/2016/ 31 May 2018 Copyright © 2018 South-East Asia IPR SME Helpdesk. All rights reserved.

Copyright © 2018 South-East Asia IPR SME Helpdesk. Cambodian garment & footwear exports to the EU 31 May 2018 Copyright © 2018 South-East Asia IPR SME Helpdesk. All rights reserved.

Copyright © 2018 South-East Asia IPR SME Helpdesk. Cambodian exports of apparel, knit or crocheted, 2007-2017 Source: UN Comtrade database, via tradingeconomics.com 31 May 2018 Copyright © 2018 South-East Asia IPR SME Helpdesk. All rights reserved.

Copyright © 2018 South-East Asia IPR SME Helpdesk. Cambodian exports of apparel, knit or crocheted, by destination Source: UN Comtrade database, via tradingeconomics.com 31 May 2018 Copyright © 2018 South-East Asia IPR SME Helpdesk. All rights reserved.

Copyright © 2018 South-East Asia IPR SME Helpdesk. Homegrown Fashion Brands 31 May 2018 Copyright © 2018 South-East Asia IPR SME Helpdesk. All rights reserved.

Copyright © 2018 South-East Asia IPR SME Helpdesk. IP Law Landscape in Cambodia Trademarks Patents / Utility Models Industrial Designs Geographic Indications Plant Breeder’s Rights Integrated Circuit Designs 31 May 2018 Copyright © 2018 South-East Asia IPR SME Helpdesk. All rights reserved.

Copyright © 2018 South-East Asia IPR SME Helpdesk. Trademark Law in Cambodia Law on Marks, Trade Name and Acts of Unfair Competition Sub-Decree on the Implementation of the Law on Marks, Trade Name and Acts of Unfair Competition Announcement on Minimum Requirement for Mark Registration Announcement on Recordal of License Contract and Franchise Contract Announcement on Collective Mark Registration Instruction on the Acknowledgement of Exclusive Right in the Use of Mark Prakas (Declaration) on the Procedures to Record an Exclusive Distributorship Prakas (Declaration) on the Procedures for Registration and Protection of Certification Marks Prakas (Declaration) on the Procedures for Filing Trademark Application Online 31 May 2018 Copyright © 2018 South-East Asia IPR SME Helpdesk. All rights reserved.

Copyright © 2018 South-East Asia IPR SME Helpdesk. Poll I Have you or your company ever registered a trademark in Cambodia? 1) Yes 2) No 3) Not sure 4) No, but we plan to do so soon 31 May 2018 Copyright © 2018 South-East Asia IPR SME Helpdesk. All rights reserved.

Copyright © 2018 South-East Asia IPR SME Helpdesk. Trademark Registration in Cambodia 31 May 2018 Copyright © 2018 South-East Asia IPR SME Helpdesk. All rights reserved.

Copyright © 2018 South-East Asia IPR SME Helpdesk. Distribution of Trademarks by Class Class 25: Clothing, footwear, headgear. 31 May 2018 Copyright © 2018 South-East Asia IPR SME Helpdesk. All rights reserved.

Copyright © 2018 South-East Asia IPR SME Helpdesk. Trademark Database and Searches www.wipo.int/branddb/kh/ 31 May 2018 Copyright © 2018 South-East Asia IPR SME Helpdesk. All rights reserved.

Copyright © 2018 South-East Asia IPR SME Helpdesk. First use There are two systems for trademark registration. First to file system Cambodia, China, Japan, Thailand, Viet Nam First to use system The United States, Canada 31 May 2018 Copyright © 2018 South-East Asia IPR SME Helpdesk. All rights reserved.

Copyright © 2018 South-East Asia IPR SME Helpdesk. Madrid System File one international application File in one Language (English, France, or Spain) Pay one set of fees in one currency (CHF) Obtain one registration covering multiple territories Renew very ten years with one procedure Manage your marks through one centralized system 31 May 2018 Copyright © 2018 South-East Asia IPR SME Helpdesk. All rights reserved.

Copyright © 2018 South-East Asia IPR SME Helpdesk. Maintenance Recording the affidavit of use or non-use after the fifth year Filing renewal application within 6 months before expiry Recording any changes in the registrations/applications 31 May 2018 Copyright © 2018 South-East Asia IPR SME Helpdesk. All rights reserved.

Copyright © 2018 South-East Asia IPR SME Helpdesk. Case Study: Licensing McDonald’s Corporation Oak Brook, Illinois United States of America Sue for Infringement License Sue for Infringement Infringer Franchisee 31 May 2018 Copyright © 2018 South-East Asia IPR SME Helpdesk. All rights reserved.

Copyright © 2018 South-East Asia IPR SME Helpdesk. Industrial Designs Industrial design defines as any composition of lines or colors or any three-dimensional form, 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. 31 May 2018 Copyright © 2018 South-East Asia IPR SME Helpdesk. All rights reserved.

Copyright © 2018 South-East Asia IPR SME Helpdesk. Industrial Designs (Con’t) Clothes, textile, apparel, knit and crocheted can be registered as an industrial design if they are new 31 May 2018 Copyright © 2018 South-East Asia IPR SME Helpdesk. All rights reserved.

Copyright © 2018 South-East Asia IPR SME Helpdesk. Case Study: Production of Licensed Goods in Cambodia In Cambodia, in order for the supplier to print distinctive signs protected by IP rights on the items, is it mandatory to sign with him a trademark license agreement that list every of the IP rights that he can reproduce or is an IP provision in a manufacture and supply agreement is enough? 31 May 2018 Copyright © 2018 South-East Asia IPR SME Helpdesk. All rights reserved.

Copyright © 2018 South-East Asia IPR SME Helpdesk. Poll II Is your firm doing business in Cambodia? 1) Yes, we are active already in Cambodia 2) No, but we plan to be 3) No, and we have no plans to be 4) Not any more, we were previously 5) Unsure 31 May 2018 Copyright © 2018 South-East Asia IPR SME Helpdesk. All rights reserved.

Copyright © 2018 South-East Asia IPR SME Helpdesk. Watch outs and tips Register marks prior to starting business in Cambodia Be aware of renewal deadlines Vigilantly monitor and aggressively pursue infringement 31 May 2018 Copyright © 2018 South-East Asia IPR SME Helpdesk. All rights reserved.

Copyright © 2018 South-East Asia IPR SME Helpdesk. Conclusions CONCLUSIONS Textile sector dominant export industry in Cambodia, primarily to the EU Trademark system well established and improving in Cambodia EU SMEs need to be aware of the legal framework 31 May 2018 Copyright © 2018 South-East Asia IPR SME Helpdesk. All rights reserved.

Copyright © 2018 South-East Asia IPR SME Helpdesk. Q & A ? Name: Mr. Pheng Thea Firm: Abacus IP Location: Phnom Penh, Cambodia Email: Thea@abacus-ip.com 31 May 2018 Copyright © 2018 South-East Asia IPR SME Helpdesk. All rights reserved.

Helpdesk Country IP Factsheets for South-East Asian countries Check it out NOW! 31 May 2018 Copyright © 2018 South-East Asia IPR SME Helpdesk. All rights reserved.

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WE ARE HERE TO HELP YOU GROW...” “KNOW BEFORE YOU GO. WE ARE HERE TO HELP YOU GROW...” The South-East Asia IPR SME Helpdesk provides free, confidential, business-focused advice to European Small and Medium Enterprises (SMEs) relating to IPR in South-East-Asia. To learn about any aspect of intellectual property rights in Vietnam or elsewhere in South East Asia, including Local partners Due diligence IP audits Or to simply learn about the local landscape and adapt your IP plan accordingly – something which can save you EUR in the long term Contact us on question@southeastasia-iprhelpdesk.eu 31 May 2018 Copyright © 2018 South-East Asia IPR SME Helpdesk. All rights reserved.

WE ARE HERE TO HELP YOU GROW...” “KNOW BEFORE YOU GO. WE ARE HERE TO HELP YOU GROW...” The South-East Asia IPR SME Helpdesk provides free, confidential, business-focused advice to European Small and Medium Enterprises (SMEs) relating to IPR in South- East-Asia. Find it here: www.southeastasia-iprhelpdesk.eu/en/events-calendar/month 31 May 2018 Copyright © 2018 South-East Asia IPR SME Helpdesk. All rights reserved.

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