You are using an outdated browser and your browsing experience will not be optimal. Please update to the latest version of Microsoft Edge, Google Chrome or Mozilla Firefox. Install Microsoft Edge

May 28, 2015

Cambodia’s Swift Accession to the Madrid Protocol

Subscribe to Updates
Informed Counsel

The Madrid System for the international registration of marks, governed by the Madrid Protocol, is gaining popularity across Southeast Asia. Several countries in the region are preparing to implement Madrid as part of their commitments toward regional integration via the ASEAN Economic Community, which will be created at the end of 2015. 

In the most recent development, Cambodia has surpassed the expectations of many observers by joining the Madrid Protocol on March 5, 2015, with the system set to enter into force on June 5, 2015. Cambodia moved quickly and is now the fourth ASEAN country to join the Madrid Protocol—following in the footsteps of Vietnam, Singapore, and the Philippines, and bypassing regional neighbors like Thailand and Indonesia, which are both in the process of preparing for accession.

As the Madrid Protocol will soon come into effect in the country, we will answer some of the key questions about how Cambodia is preparing to adopt the Madrid System.

How Are the Cambodian IP Authorities Preparing for the New System?

Online Registration of Marks

Article 1 of Prakas No. 206 on the Organization and Functioning of the Department of Intellectual Property, dated July 24, 2014 (Prakas No. 206), provides that the Department of Intellectual Property Rights in Cambodia (DIPR) will establish and manage a website of intellectual property rights to promote public awareness of IP laws and regulations, as well as to clarify registered IP rights.

On March 28, 2015, Mr. Sim Sokheng, Director of the DIPR, confirmed that the DIPR is preparing a website for the public to register and search online for national and international marks. By late August 2015, it will be possible to file for both national and international registration of marks online on the DIPR’s website.

The Law Concerning Marks, Trade Names, and Acts of Unfair Competition                

Mr. Sim has said that no amendments will be made to the Law Concerning Marks, Trade Names, and Acts of Unfair Competition, in order to comply with the Madrid Protocol. If any provisions of the law conflict with the Madrid Protocol, the Madrid Protocol will take precedence over the preexisting law.

Regulations on the Madrid System’s Registration Procedure

The DIPR is also preparing a draft regulation (referred to as a Prakas in Khmer) on the Procedures for Registration with the Madrid System, which will detail new procedures. This will come into force no later than June 6, 2015.

Will the IP Office Be Restructured?

According to a source at the Division of the Registration of Marks and Article 3 of Prakas No. 206, two separate divisions will be responsible for the national registration of marks and the international registration of marks. The new Prakas will provide further details about any organizational restructuring and the impact on examiners and registrars.

How Will International Applications Be Handled?

Under Article 5 of Prakas No. 206, the Division of International Registration of Marks will be established with the duties to:

  • establish procedures for the international registration of marks;
  •  prepare and implement such procedures; 
  • manage official fees for the international registration of marks and collaborate with the Administration and IT Division, Accounting Division, and the Financial Department of the Ministry of Commerce;
  • provide certificates of internationally-registered marks, as requested;
  • remind applicants of the use or non-use of marks;
  • fulfill duties to register and protect international marks to comply with the Madrid Protocol and other regulations on behalf of the Office of Origin and the Office of the Contracting Party; and
  • other duties assigned by the top management.

What Kind of Training Will Be Offered?

Article 1 of Prakas No. 206 provides that the DIPR will collaborate with the Training and Research Center of the Ministry of Commerce and related ministries to increase public awareness of intellectual property laws and regulations and to educate officers in the relevant government departments.

Mr. Sim has stated that the DIPR will conduct public training in the near future, and that a schedule will later be confirmed by the DIPR. One DIPR officer has said that, within this year, the DIPR will initially provide training to intellectual property agents.

What Trademark Search Mechanisms Will Be Available?

The DIPR will establish a website where people can conduct trademark searches for national and international marks.

How Will Trademark Owners Benefit?

Trademark owners will benefit greatly from using this tool for the international registration of marks. The Madrid System will provide a means of trademark protection in Cambodia that is faster and more effective than the DIPR’s current system of trademark protection, and so we can expect to see a growth in confidence among brand owners with interests in the country.

Download Full Article
Related Professionals

Practices

Intellectual Property

Location

RELATED INSIGHTS​ 

March 31, 2026
Vietnam’s most recent amendment of the Law on Intellectual Property (amended IP Law), passed by the National Assembly on December 10, 2025, and effective from April 1, 2026, represents one of the most significant updates to the IP Law in recent years. This amendment modernizes the IP framework, moving a step closer to international standards, while addressing the realities of Vietnam’s booming digital economy, e-commerce growth, and increasing foreign investment, which is crucial for Vietnam’s objective of complete economic transformation. For trademark practitioners, brand owners, and businesses, the changes are largely positive, as they promise faster processes, stronger enforcement tools—especially for online actions—and better commercialization options. However, they also introduce stricter requirements and a need for proactive preparation. Below are some of the most noteworthy changes in the amended IP Law related to trademarks. Significantly Shortened Timelines and Introduction of Fast-Track Examination The statutory timelines under the amended IP Law have been notably reduced: Substantive examination for trademarks is shortened from 9 months to 5 months (from the publication date). The publication period is shortened from 2 months to 1 month. A new fast-track mechanism allows substantive examination in as little as 3 months for qualifying applications (e.g., marks in actual use, facing infringement threats, or meeting government-specified criteria; details to be clarified in implementing regulations). The opposition period is shortened from 5 months to 3 months from publication. This is arguably the most welcome change. Vietnam’s IP Office has long faced criticism for lengthy backlogs, often stretching the trademark registration process to 18–24 months or more. The new timelines bring Vietnam closer to efficient systems. The fast-track option is particularly smart for high-value or urgent cases such as counterfeit threats on e-commerce platforms. However, careful preparation is mandatory for flawless applications from the start to maximize fast-track eligibility.
Read More
March 16, 2026
Indonesia’s Ministry of Law has introduced a new framework for patent applications that tightens filing requirements and introduces formal mechanisms for accelerated examination. Minister of Law Regulation No. 6 of 2026 on Patent Applications, which was issued on January 13, 2026, and took effect on February 23, 2026, serves as the implementing regulation for Law No. 65 of 2024 on Patents. It replaces the previous patent application framework (under Minister of Law and Human Rights Regulation No. 38 of 2018, as amended by Regulation No. 13 of 2021), which was considered no longer aligned with current legal, institutional, and technological developments. The regulation also reflects the institutional restructuring of the Ministry of Law and Human Rights into the Ministry of Law. Patent applications filed on or after February 23, 2026, must fully comply with the new regulation. Applications that were filed before this date will continue to be examined and processed under the previous regulation, pursuant to transitional provisions. Substantive Changes Definition of Invention The definition of “Invention” now explicitly includes systems, methods, and uses, in addition to products and processes. This expansion creates broader protection opportunities, particularly for software-enabled, digital, and method-based technologies, although it may also result in closer scrutiny during substantive examination. Excess Claims Fee Excess claims fees must now be paid at the time of filing. Failure to pay excess claims fees at filing results in the application being deemed withdrawn. There is no longer an option to defer payment to the substantive examination stage. This amendment forces applicants to face higher upfront costs. Patent claim strategy must be finalized prior to filing, reducing flexibility at later stages. Procedural and System Changes Fully Electronic Filing Patent applications must be filed electronically via the Directorate General of Intellectual Property (DGIP) online filing system. Assisted filings to
Read More
March 13, 2026
For decades, intellectual property rights holders seeking to eliminate counterfeit goods from the Thai market have relied primarily on criminal raid actions to seize infringing products and hold infringers accountable. The deterrent value of this approach is typically threefold: imposing criminal liability on infringers, removing counterfeit goods from circulation, and subjecting violators to imprisonment and fines. However, these outcomes often fall short of fulfilling brand owners’ broader objectives. In many cases, those prosecuted are merely staff or intermediaries rather than the principals orchestrating the infringing operations. Moreover, any fines imposed are remitted to the Thai government—not to the rights holders who have suffered commercial harm and invested substantial resources in investigation and coordination with law enforcement authorities. As in other jurisdictions worldwide, rights holders seeking monetary compensation for IP infringement in Thailand have traditionally pursued separate civil litigation. Before initiating such proceedings, a brand owner must gather sufficient evidence to establish both the infringement and the resulting damages. Notably, Thai law does not recognize punitive damages; courts award only actual damages proven by the claimant. In the absence of seized infringing goods, the damages awarded in such cases are typically minimal. This all leaves rights holders with limited recourse despite possibly having suffered significant commercial injury. In 2005, Thailand amended its Criminal Procedure Code to introduce Section 44/1, which enables rights holders to claim damages within criminal proceedings at the Intellectual Property and International Trade Court prior to the evidentiary hearing. In practice, this mechanism allows an injured party to submit a petition for civil damages directly within the criminal case initiated by the public prosecutor. Historically, rights holders in Thailand have been reluctant to use Section 44/1 because the compensation awarded by courts was often insufficient to justify the effort. However, recent years have seen a notable shift
Read More
March 13, 2026
Vietnam’s Law on Intellectual Property (IP Law) has undergone continuous amendment in recent years, with the latest amendment issued at the end of 2025. Among the amended and supplemented provisions, the regulation that has perhaps attracted the most attention is a provision relating to the use of protected IP objects by artificial intelligence (AI) systems. Specifically, Article 7 of the 2025 IP Law introduces a completely new Clause 5, which reads in full as follows: “Organizations and individuals are permitted to use texts and data relating to intellectual property objects that have been lawfully published, and which the public is allowed to access, for the purposes of scientific research, experimentation, and training of artificial intelligence systems, provided that such use will not unreasonably affect the legitimate rights and interests of the authors and intellectual property rights holders in accordance with this Law. With respect to texts and data that are objects protected by copyright and related rights, the use of the texts and data as set forth herein must also be in accordance with the regulations of the Government.” Analyzing this newly added provision in the context of how it was conceived, as well as the challenges that still lie ahead, can provide some interesting insights. From Aspirations to Flight in Science and Technology From the end of 2024 and throughout 2025—the 50th anniversary of the country’s reunification—Vietnam witnessed numerous sweeping changes in many areas, including legislative development. It could be said that no sessions of the National Assembly have ever adopted as many laws, resolutions, and major policies as this one. The aspirations of the highest-level leadership have been concretized into major law and policy projects, which were drafted, developed, and passed at record speed. All of this was aimed at building a foundation for Vietnam to achieve
Read More