Details Design Registration Cambodia
Here you can mandate us to obtain design protection in Cambodia. We will prepare and file your design application in Cambodia and inform you about the progress of proceeding. Our offer includes the fees of the Cambodia intellectual property office for the application, publication and registration of your design.
An industrial design in Cambodia is the ornamental or aesthetic qualities of a product. It is the appearance of a product, therefore the specific features or lines or contours, colours or shape or materials of a product or the ornamentation given to it. In short it is decorative as opposed to functional and it must appeal to the eye.
A registered design right in Cambodia will be established through a registration. Registration shall be done within 6 months from day of application. The design shall be new.
An industrial design qualifies for registration only if it is new. An industrial design shall be considered as new if it has not been disclosed to the public, anywhere in the world, by publication in tangible form or by use or in any other way, prior to the filing. The creator has a 12 month period before his use of the design will destroy the newity of the design.
The maximum term of protection in Kambodia is 15 years provided the registration is renewed 2 times for periods of 5 years each. The first term of design protection in Belize will be five years calculated from the date of filing. In certain cases the date of filing starts 6 months before the actual application date, namely if an application for an industrial design was filed before in a foreign country but not longer than 6 months before the application in Kambodia and if the priority of this foreign application date for the new application in Kambodia was claimed.
The first period of protected has to be renewed by a fomal request and the payment of the renewal fees. This shall be done in the last months of the current protection period and before the period ends.
The registered design in kambodia is an unexamined industrial property right. Neither the office nor we will examine the novelty and individual characteristic of your design.
The application, at the time of filing, may contain a request that the publication of the industrial design, upon registration, be deferred for a period not exceeding twelve (12) months from the date of filing or, if priority is claimed, from the date of priority, of the application.
Where the applicant is not the creator, the request shall be accompanied by a statement justifying the applicant’s right to the registration of the industrial design.
Opposition cannot be filed by a third party in Kambodia during registration process.
After registration everybody has the right to start an action for annulment in case he may give proof of lack of novelty and lack of individuality of the registered design.
Goods are classified in accordance with the Edition of the International Classification for Industrial Designs under the Locarno Agreement, including the attached explanatory notes and Alphabetical List. In Belize multiple design application are not possible.
The claim for a priority from an earlier application made in an other country which is part of the Paris Convention for the Protection of Industrial Property is poosible. The priority claim must be made within six months of the earlier application.
For the registration of a design you need:
- the name of your design: (f.e. car fender „ALKU“, Artikel.-No.1234);
- images or drawings showing only your product in front of a neutral background, please provide us with black and white pictures or technical drawings reduced to the lines of the design without any further technical information that show the design views from all possible directions (bottom, top, left, right view etc.); The protection will rest on what can be seen in the pictures. Both drawings and photographs may be used. A separate fee has be paid for each picture beyond the first one.
- contact details of the client;
- contact details of the owner of the industrial design right;
- name of the natural person(s) who created the design;
- a short description - if possible - of the product/design, especially if the design has specific characteristics which can not to be seen in the views;
- in case of prior design application in a foreign country please provide a copy of the office letter stating the receipt of the filing, file number and name of the patent office.
If you engage us we will render the following services :
- Preparation of the filing including selection of the classes of goods (Locarno-classification);
- Examination of the images in regard to the formal requirements (we do not review if the design has novelty and individual characteristic);
- requesting additional documents or new images;
- legal advice with regard to the filing process and documents;
- sending the prepared filing details to you for review;
- Filing the application at patent office;
- Representation of the applicant in front of the office;
- Payment of the office fee (application fee, registration fee, publication fee);
- Transmission of office documents as well as the letter confirming the application;
- Legal advice in due time in order to enable you to extend the protection of your design patent to foreign countries by claiming the priority of the prior application;
- Receipt, checking and forwarding of the registration certificate (if available) and a copy of an extract from the register;
- Receipt and transmission of all documents sent from the patent office after the registration;
- docketing and deadline, renewal time monitoring.
All documents for filing shall be in English.
Usually the drawings and images of the design are to be produced by the client. But we also may prepare (new) drawings or align the drawings in order to meet the formal filing requirements. If you follow our advice we do not anticipate any office actions. Nevertheless it is possible that the patent office will not accept your views or drawings and issue an office action. In this case the response to the office action will cause more efforts. You will be informed about the office action and you will be enabled to mandate us to represent you in this new proceeding. Insofar we may need the assistance of a professional drawer to conform your drawings to the demands of the office. Fees charged insofar by a professional drawer are not included in our offer.
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