1. 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

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Speaker’s bio
Name: Mr. Pheng Thea Firm: Abacus IP Location: Phnom Penh, Cambodia
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.
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3. 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

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Cambodian Garment Industry
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Cambodian exports
Source:
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Cambodian garment & footwear exports to the EU
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Cambodian exports of apparel, knit or crocheted,
Source: UN Comtrade database, via tradingeconomics.com
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Cambodian exports of apparel, knit or crocheted, by destination
Source: UN Comtrade database, via tradingeconomics.com
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Homegrown Fashion Brands
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IP Law Landscape in Cambodia
Trademarks
Patents / Utility Models
Industrial Designs
Geographic Indications
Plant Breeder’s Rights
Integrated Circuit Designs
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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
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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
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Trademark Registration in Cambodia
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Distribution of Trademarks by Class
Class 25: Clothing, footwear, headgear.
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Trademark Database and Searches
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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
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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
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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
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Case Study: Licensing
McDonald’s Corporation
Oak Brook, Illinois
United States of America
Sue for Infringement
License
Sue for Infringement
Infringer
Franchisee
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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.
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Industrial Designs (Con’t)
Clothes, textile, apparel, knit and crocheted can be registered as an industrial design if they are new
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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?
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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
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Watch outs and tips
Register marks prior to starting business in Cambodia
Be aware of renewal deadlines
Vigilantly monitor and aggressively pursue infringement
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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
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Q & A ?
Name: Mr. Pheng Thea Firm: Abacus IP Location: Phnom Penh, Cambodia
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“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.
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