Cambodia’s Intellectual Property Rights (IPR) regime provides opportunity for individuals or companies to file notices of opposition against a trademark registration within 90 days from the date of publication of a registered trademark. The opposition may be filed on the grounds that a party has registered a trademark in Cambodia for which the opposing party considers itself to be the rightful trademark owner.
At present, although some marks applied online appear in an online database, an officially public gazetting of new trademarks occurs only after a successful registration, which provides other parties no opportunity to review the applied trademarks prior to their registration.
Impact on business
Companies need to have trust into Cambodia’s IPR regime, failure to enable such condition would bring about several challenges.
Firstly, it would discourage foreign investment, as businesses may be hesitant to invest in a country that does not offer adequate protection for their intellectual property. This can limit the growth of the Cambodian economy and limit opportunities for job creation.
Secondly, a perceived weak IPR regime would limit innovation and creativity in Cambodia. Without proper protection for their intellectual property, creators and innovators may be less likely to invest time and resources into developing new ideas and products. This can limit the country’s ability to compete in the global market and limit its potential for economic growth.
Thirdly, it would limit access to new technologies and products. Without adequate protection for intellectual property, businesses may be less likely to bring new products and technologies to the Cambodian market, limiting opportunities for consumers and businesses alike.
Overall, a reputable IPR regime is essential for the development of a competitive and innovative economy in Cambodia, and the failure to establish such a system could limit the country’s economic potential.
- Introduce a pre-registration gazetting requirement for new trademark applications.
Following best practices from neighbouring ASEAN countries and elsewhere, we respect¬fully recommend the introduction of a requirement to publicly gazette all new trademark registrations applications 2 to 3 months prior to a decision being taken by the Department of Intellectual Property. This will provide opportunity for other interested entities or third parties to lodge notices of objection before a decision of registration is reached.
Having a gazette requirement for companies to review registered trademarks in Cambodia can provide several positive impacts. Firstly, it can help to prevent trademark infringement and protect intellectual property rights. This can help to foster a more competitive and innovative business environment in Cambodia, which can attract foreign investment and support economic growth. Secondly, it can provide greater transparency and clarity for businesses, as they can review trademarks that have been registered by others and avoid potential legal disputes. Lastly, it can help to ensure that trademarks are being used in accordance with the law, which can help to maintain the integrity of the trademark registration system and support the development of a fair and efficient legal system in Cambodia.
Royal government of Cambodia
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