Industrial Designs

– Law on Patents, Utility Model Certificates and Industrial Designs, January 22, 2003.
– Prakas No. 707 on the Procedure of Industrial Design Registration, June 29, 2006.
– Joint-Prakas No. 1005 on the Public Services Fees, December 28, 2012.
– Prakas on Public Service Fee of Ministry of Industry, Science, Technology and Innovation, July 9, 2020.

Membership in International Conventions

– Convention Establishing the World Intellectual Property Organization (WIPO), since July 25, 1995.
– Paris Convention for the Protection of Industrial Property, Stockholm Act, since September 22, 1998.
– WTO’s TRIPS Agreement, since October 13, 2004.
– Bilateral Trade and IPRs Protection Agreement (BTA) with the U.S.A., 1996.
– Memorandum of Understanding on IP Cooperation with Thailand, March 5, 1997.
– ASEAN Framework Agreement on Intellectual Property Cooperation, April 30, 1999.
– Memorandum of Understanding on the Cooperation in Industrial Property between the Ministry of Industry and Handicraft hereinafter referred as “MIH” and the Intellectual Property Office of Singapore hereinafter referred as “IPOS”, dated January 20, 2015.
– Hague Agreement Concerning the International Registration of Industrial Designs, Geneva Act, as of February 25, 2017.
– Renewal of the MOU of Understanding on the Cooperation in Industrial Property between the Ministry of Industry and Handicraft ("MIH") and the Intellectual Property Office of Singapore ("IPOS"), dated January 14, 2020.

Filing

Definition: an industrial design is a composition of lines or colors, or three-dimensional form, or any material creating a special appearance to an industrial or handicraft product and serving as a pattern for production of these products.

Applicant: the right to an industrial design belongs to the designer(s) or the employer if the design is made in execution of an employment contract (if not otherwise agreed). This right may be assigned, transferred by succession.

Protectability criteria: novelty (worldwide).

Filing requirements for an application (to be sent to local agent):
1. 2 application forms;
2. Power of attorney (notarized);
3. Drawings, photographs or other graphic representations;
4. Deed of assignment, agreement of right to file application (if any) (notarized);
5. Priority documents (if any).

Electronic signatures: are not accepted (only wet signatures).

Note: Cambodia and Singapore entered into an agreement on the “Memorandum of Understanding on the Cooperation in Industrial Property” between the MIH and IPOS dated January 20, 2015, whereby both parties will cooperate and assist each other in technical issues. Under this agreement, if the same application is filed in Cambodia and with IPOS, and IPOS grants the design certificate, then the Cambodian Registrar will also, in reciprocal arrangement, grant that design certificate.

Examination

The filed industrial design application will be subject to a formal and substantive examination. The official time frame to issue an Industrial Design Certificate is six months. 

Opposition: the law does not provide any possibility to file an opposition. However, the opposition might be available after the registration.

Protection

Duration – renewal: an industrial design is valid for five years from the filing date and can be renewed for two consecutive terms of five years. A grace period of six months is granted for late renewal, with a surcharge.

Recordal of change: any change (name/address of the owner, assignment, license, etc.) shall be recorded with the Registrar, otherwise the change will have no effect against third parties.