Patent & Trademark Agents & Attorneys - Attorneys at  Law
 
In 2015, our firm will be present at:
- INTA Meeting, San Diego, USA, May 2-6
- Campus Asie 2015, Shanghai, CHINA, May 7-9
- AngkorPAT - IPR 2014, Siem Reap, CAMBODIA, Nov. 19-21
- AIPLA Meeting, Washington DC, Oct. 22-24
- APAA Meeting, Okinawa, JAPAN, Nov. 13-17

SoutheastAsia: Cambodia-Indonesia-Lao-Singapore-Thailand-Vietnam

ePAToffice.com
A & T

No. 34A Street 240
Phnom Penh
P.O. Box 1253
CAMBODIA
Tel: (855) 1217-63854
phnompenh@epatoffice.com

Our team of dedicated legal professionals is well-versed in many specialized areas. We will not advocate for you in an area we are not experienced in. Our team brings a diverse background to the table, allowing us to advocate for you in many areas of law and more particularly intellectual property. This gives A&T an edge when dealing with complex legal matters.

Often, more than one area of expertise is required. We will do our best to streamline the cost of the legal service so that you do need to hire a multitude of attorneys. We can provide you with comprehensive legal support in many areas.

Membership of Major International Organisations such as the UNITED NATIONS, IMF, Interpol, UNESCO, UNIDO, WHO, FAO, etc.

In particular, Cambodia has ratified the Convention on the Recognition and Enforcement of Foreigh Arbitral Awards


Our services include:

  • Asset Protection
  • Arbitration
  • Civil Litigation
  • Consumer Advocacy and Protection
  • Contracts
  • Copyright Law
  • Design
  • Patent
  • Trademark
  • Incorporation
  • Taxation
  • Products Liability
  • Real Estate Title

Epatoffice.com     A&T     Our mission is to protect your assets and investments            Experience you can trust
 

Intellectual Property in CAMBODIA   

To restore both people’s awareness as well as administrative implementation for the protection of this major trade-related field, the Government of Cambodia has initiated many efforts hoping that it will contribute a significant part to the development of the Cambodian economy in the long-run by :
- encouraging foreign direct investment,
- promoting the transfer of technologies,
- creating confidence among local and foreign traders,
- promoting research & development,
- creating local jobs, and
- expanding Cambodia’s trading activities with its trading partners.

These initiatives include the establishment of the Intellectual Property Division under the supervision of the Ministry of Commerce,
- setting up an Inter-Ministerial Committee to oversee the three areas of intellectual property (Patents, Trademarks, and Copyrights), drafting of the three intellectual property laws, and
- sending key operational staff members for overseas training in Japan, Europe (ECAP) and Singapore.

As a member of the ASEAN since April 1999, Intellectual Property Rights has become one of the hot topics of national interest after the accession of Cambodia to the World Trade Organization (WTO) in 2003. Strictly implementing intellectual property laws/ regulations, including the implementation of International Treaties and Conventions such as the Paris Convention, the TRIPs Agreement ...etc., would lead to a temporary negative impact for Cambodia. These constraints need both a devoted timeframe for adjustment as well as technical cooperation and assistance of developed countries as mentioned in article 67 of the TRIPs Agreement. 

Cambodia is a member of:
- World Intellectual Property Organization (WIPO) on July 25, 1995
- Paris Convention on September 22, 1998
- World Trade Organization (WTO) since September 2003 and signatory to TRIPS Agreement

IP Administrative Structure of Cambodia:


The responsibility of the three key areas of intellectual property is divided among three ministries:
- Trademark  (sub decree) is under the Ministry of Commerce,
-
Patent  (Procedure grant) is under the Ministry of Industry, Mines and Energy, and
- Copyright  (Moral Right) is under the Ministry of Culture and Fine Arts.


Trademark filing in Cambodia:

To apply for registration of trademarks or service marks in the Kingdom of Cambodia, each applicant shall submit to the IP department of the Ministry of Commerce the following documents:
- 1 copy of the application for registration
- 1 copy of the power of attorney certified by a lawyer of a notary public
- 15 specimens of mark.

After a substance examination fo the complete and authentic documents, an official acknowledgement and registration certificate of the trademarks or service marks are issued to the applicants.

The IP department of the Ministry of Commerche can dismiss an application which is not legitimate. It can also remove any trademarks or service marks that have already been registered.

Examples of non-legitimate applications:
- trademarks or service marks that are likely to mislead the public
- trademarks or service marks that are used in the public domain
- trademarks or service marks that are descriptive by showing the characteristics of goods or services to which they relate, such as the kind, quality or quantity etc...
- trademarks or service marks that consist of shape of goods or forms of goods
- trademarks or service marks that are contrary to morality, public order, customs or laws
- trademarks or service marks that are submitted for registration without the consent of the owners
- trademarks or service marks that are substantially identical to trademarks or service marks already registered



Law on Investment in CAMBODIA

 The investment law was adopted by the National Assembly in Phnom Penh, on August 4, 1994.

 

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                                                    Intellectual Property in INDONESIA


Indonesia is a member of:
- World Intellectual Property Organization (WIPO) since December 1979
- Paris Convention since December 1950
- Hague Agreement (International Deposit of Industrial Designs) since December 1950
- Berne Convention (Literary and Artistic Works) since September 1997
- Patent Convention Treaty (PCT) since September 1997
- WCT (WIPO Copyright Treaty) since March 2002
- WPPT (WIPO Performances and Phonograms Treaty) since February 2005
- World Trade Organization (WTO) since January 1995 and signatory to TRIPS agreement
- Association of SouthEast Asia Nations (ASEAN) since August 1967
- Asia Pacific Economic Community (APEC) since November 1989


IP Administrative Structure of Indonesia:

The responsibility of intellectual property is under the Ministry of Law and Human Rights :
Industrial Property is handled by the Directorate General of Intellectual Property Rights, under the Ministry of Law and Human Rights, and
- Copyright is also handled by the Directorate General of Intellectual Property Rights, under the Ministry of Law and Human Rights.


Patent filing in Indonesia:

Patents are granted for inventions which are new, inventive and have industrial application. The term of protection is 20 years from the filing date.
Inventions which are not inventive can be protected by a simple Patents for new products that have practical use capable of industrial application. They are granted for 10 years. 

To apply for patent & petty patent, each applicant shall submit the followings documents:
- applicant's name, address, nationality, occupation etc..
- translation in Indonesian of the specification
- certified priority documents  
- notarized Power of Attorney
- deed of assignment (if the applicant and inventor are not the same entity)
- statement of the applicant's rights (if the applicant and inventor are the same entity)

After formalities examination, the application is published. Afterwards, during 6 months an opposition may be filed by any interested party.

Sustantive examination of invention patents must be requested within 36 months but may not commence until the six months publication opposition period has expired.

Simple patents are automatically examined without examination request.


Design filing in Indonesia:

To apply for Design, each applicant shall submit the followings documents:
- applicant's name, address, nationality, occupation etc..
- translation in Indonesian of all documents
- certified priority documents  
- notarized Power of Attorney
- deed of assignment (if the applicant and inventor are not the same entity)
- statement of the applicant's rights (if the applicant and inventor are the same entity)

Three months after the filing date, the application is published in the Designs Gazette.
A novelty examination is performed against existing registered designs.

An opposition period starts from the publication date for three months.

A registration certificate is issued 6-9 months after the filing date.



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                                                Intellectual Property in LAO People's Democratic Republic

Lao is a member of:
- World Intellectual Property Organization (WIPO) since January 1995
- Paris Convention since October 1998
- Patent Convention Treaty (PCT) since June 2006

Laos has the status of WTO Observer.

IP Administrative Structure of Lao:

The responsibility of the two key areas of intellectual property is divided among two ministries:
- Trademark and Patent are under the Science Technology and Environment Agency Prime Minister's office, and
- Copyright  is under the Ministry of Information and Culture.


Trademark filing in Lao:

To apply for registration of trademarks or service marks in Lao, each applicant shall submit to the IP department of the Agency the following documents:
- 1 copy of the application for registration including the list of goods or services with a description of the characteristics and qualities
- 1 copy of the power of attorney certified by a lawyer of a notary public
- 10 specimens of mark

" Collective mark " means a trademark used with goods or services of different enterprises who are using the same mark under the control of the registered owner of the collective mark. The application for registration of a collective mark shall contain documents pursuant to the requirements defined in article 7 with, in addition, the rules governing the use of the collective mark.


After a substance examination fo the complete and authentic documents, an official acknowledgement and registration certificate of the trademarks or service marks are issued to the applicant by the Science, Technology and Environment Organization. The certificate of registration is then published.

The certificate of registration of trademarks shall be valid for a period of ten years from the filing date of the application for registration and may be renewed every ten years.


The IP department of the Agency can dismiss an application which is not legitimate. It can also remove any trademarks or service marks that have already been registered.

Examples of non-legitimate applications:
- An unclear trademark which is incapable of distinguishing the goods or services of one enterprise from those of other enterprises is submitted;
- A mark
is contrary to the national cultural morality and the public order;
-
A mark is likely to mislead the public or trade circles, in particular as regards the geographical origin, nature or characteristics of the goods or services;
-
A mark is identical with, or is an imitation of, or contains as an element, an armorial bearing, flag or emblem, national typical culture or historical site, a name or abbreviation of any state, intergovernmental organisation or organisation created by an international convention, a mark possess official sign or hallmark relating to the control and certification of any state or international organisation, unless authorised by state or organisation concerned;
-
A mark is identical with, or confusingly similar to a trademark or trade name of goods or services which are widely well known.



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                                                                          Intellectual Property in THAILAND

Thailand is a member of:
- World Intellectual Property Organization (WIPO) since December 1989
- Berne Convention (Literary and Artistic Works) since July 1995
- World Trade Organization (WTO) since January 1995 and signatory to TRIPS agreement
- Association of SouthEast Asia Nations (ASEAN) since August 1967
- Asia Pacific Economic Community (APEC) since November 1989

Thailand is not a member of:
- Paris Convention
- Patent Convention Treaty (PCT)
However, priority claims can be made within 12 months from first filing date in other countries on a reciprocal basis (if the first filing country allow Thai companies or individuals to claim priority, and priority claims based on applications filed in WTO member countries, will be accepted automatically.


IP Administrative Structure of Thailand:

The responsibility of intellectual property is under the Ministry of Commerce :
Industrial Property is handled by the Department of Intellectual Property under the Ministry of Commerce, and
- Copyright is also handled by the Department of Intellectual Property under the Ministry of Commerce.


Patent filing in Thailand:


Patents are granted for inventions which are new, inventive and have industrial application. The term of protection is 20 years from the filing date.
Inventions which are not inventive can be protected by Design Patents for new product designs and Petty Patents (Utility Model) for new inventions capable of industrial application. They are granted for 10 years. 

To apply for patent & petty patent, each applicant shall submit the followings documents:
- applicant's name, address, nationality, occupation etc..
- translation in Thai of the specification
- certified priority documents  
- notarized Power of Attorney
- deed of assignment (if the applicant and inventor are not the same entity)
- statement of the applicant's rights (if the applicant and inventor are the same entity)

After publication, there is 90 days opposition period.

Sustantive examination of invention patents must be requested within five years of publication. No substantive examination of petty patents unless requested by a third party.


Design filing in Thailand:

To apply for Design, each applicant shall submit the followings documents:
- applicant's name, address, nationality, occupation etc..
- translation in Thai of all documents
- certified priority documents  
- notarized Power of Attorney
- deed of assignment (if the applicant and inventor are not the same entity)
- statement of the applicant's rights (if the applicant and inventor are the same entity)

After publication, there is 90 days opposition period.


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                                                                         Intellectual Property in VIETNAM   

Vietnam is a member of:
- Paris Convention since March 1949
- World Intellectual Property Organization (WIPO) since July 1976
- Patent Convention Treaty (PCT) since March 1993
- Berne Convention (Literary and Artistic Works) since October 2004
- Madrid Agreement (International Registration of Marks) since March 1949
- Madrid Protocol (International Registration of Marks) since July 2006
- Geneva Convention (Unauthorized Duplication of Phonograms) since July 2005

Vietnam is also member of:
- APEC since November 1998
- ASEAN since July 1995
- UPOV since December 2006

Vietnam has the status of WTO Observer.


As a member of the PCT, the time limit for entereing the national phase in Vietnam is 31 months for both applications designating Vietnam under PCT chapter I and applications electing Vietnam under PCT chapter II.


IP Administrative Structure of Vietnam:

The responsibility of the two key areas of intellectual property is divided among two ministries:
Industrial Property is handled by the National Office of Intellectual Property (NOIP) of the Ministy of Science, Technology and Environment, and
Copyright is handled by the Copyright office of Vietnam.


Patent filing in Vietnam:

Patents are granted for inventions which are new, inventive and have industrial application. The term of protection is 20 years from the filing date.
Inventions which are not inventive can protected by Utility Model for new product designs or new inventions capable of industrial application. They are granted for 10 years from the filing date. 

To apply for patent & utility model, each applicant shall submit the followings documents:
- applicant's name, address, nationality, occupation etc..
- translation in Vietnamese of the specification
- certified priority documents and its translation if requested by the Patent office. 
- notarized Power of Attorney
- deed of assignment (if the applicant and inventor are not the same entity)

Sustantive examination of invention patents must be requested within a time limit unless a deferred examination is filed in due course. 


Disclaimer: This is a general summary and should not be relied upon. For more details, please contact us.

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