Cambodia recently tightened its trademark procedures by restricting the filing of separate single-class applications for a mark covering multiple classes, and tightening the deadline for filing affidavits of use or non-use. The latter requirement is especially consequential for existing registered trademark owners, as disregarding it could result in removal of the registered mark from Cambodia’s trademark registry. Multiple-Class Applications Cambodia’s Ministry of Commerce announced on August 1, 2023, that the Department of Intellectual Property Rights will now only accept a single application for a trademark covering more than one international class. This means that multiple-class applications are mandatory for applications covering more than one class. Previously, trademark applicants were allowed to file separate single-class applications for the same mark covering multiple classes. The new rule, which took effect immediately, aims to reduce unnecessary paperwork and facilitate the trademark registration process. Period for Filing Affidavits of Use or Non-Use On August 11, 2023, the Ministry of Commerce issued a notification stating that trademark registrants who miss the deadline for filing an affidavit of use or non-use will no longer be allowed to file an affidavit after the deadline or at the time of filing the trademark renewal, as had previously been allowed. This is in line with the Sub-Decree Concerning the Filing of an Affidavit of Use or Non-Use, which requires registered trademark owners to file an affidavit of use or non-use of the trademark within one year following the fifth anniversary of the mark’s registration or renewal. Importantly, the notification announces that registered trademarks will be removed from the registry if the trademark owner fails to file an affidavit of the mark’s use or non-use within the required time period. This announcement applies to both domestic registrations and international registrations made under the Madrid Protocol. Although the notification does

On August 23, 2023, the Vietnamese government issued Decree No. 65/2023/ND-CP detailing and guiding the implementation of some articles of the 2022 Intellectual Property Law with respect to the establishment and protection of industrial property rights (“Decree 65”). Decree 65 took immediate effect upon issuance, replacing Decree No. 103/2006/ND-CP and a part of Decree No. 105/2006/ND-CP, and provides long-awaited, necessary guidance for implementation of the IP Law, which took effect on January 1, 2023. Some of the most critical provisions of Decree 65 include the following:   Establishment of Industrial Property Rights Procedures for Establishment: The procedures for the establishment of industrial property rights are set out in Decree 65, rather than in a lower-level circular. These include the procedures related to PCT applications for inventions and Madrid applications for trademarks, and the (newly added) procedures related to Hague applications for industrial designs. Decree 65 also provides the details of the procedure for security control of inventions, including an annex listing the technical fields deemed to affect national security. The decree confirms that registration certificates can be issued in electronic form and in paper form. However, hard copy registration will only be issued under explicit request in the application. It also provides various new forms, including application forms for patents, designs, integrated circuits, and geographical indications, among others. Right Holder, Content, and Limitation of Rights: Further details are provided on the rights and responsibilities of organizations and individuals who use geographical indications. Decree 65 also details the procedure for compensation of patent owners due to the delay in granting marketing authorization of pharmaceutical products, stipulated in Article 131a of the IP Law. Secret Inventions: Decree 65 provides details for identifying and processing patent applications for secret inventions as well as procedures for decodifying inventions filed as secret inventions. Amendment:

Introduction The idea of the metaverse rose to prominence in the public discourse in 2021, most notably when Facebook renamed itself Meta and announced a new focus on launching a virtual, immersive world. The initial excitement around the metaverse has since faded, with worsening economic conditions having a particularly acute effect on companies in the technology sector. When Meta CEO Mark Zuckerberg announced in March 2023 that artificial intelligence (AI) was the company’s “single largest investment,” many took this as a sign of the company shifting focus away from the metaverse. However, there remains significant interest in the metaverse from both businesses and consumers. Zuckerberg himself reaffirmed Meta’s focus on the metaverse, highlighting how developments in AI will improve virtual reality (VR) and augmented reality (AR) technology. Meanwhile, Roblox, a metaverse gaming platform, announced that in Q1 2023, its number of daily active users had increased to 66 million. Most recently, the announcement by Apple of its new ‘Vision Pro’ AR headset is reported to have renewed interest in the metaverse among developers. A particular area of interest in the developing metaverse is digital fashion and retail. In its Metaverse Fashion Trends Report 2022, Roblox found that nearly three in four users aged 14 to 24 spend money on digital fashion items. Roblox itself has partnered with fashion brands Burberry, Gucci, Tommy Hilfiger, and others, to offer experiences and items for use on the platform. In March 2023, Decentraland, a metaverse platform with a decentralized governance structure, hosted the Metaverse Fashion Week, featuring brands such as Adidas, Coach, and DKNY. As businesses continue to invest and look for opportunities to expand into the metaverse, whether through traditional e-commerce or more innovative digital asset offerings, it is important that they consider the ways in which new and existing laws apply

Counterfeiting activities have been a global concern for many decades, and the problem has not yet gone away despite persistent efforts to suppress it. Significant strides have been made, but the most notable change is in the way that counterfeiters commit these infringing activities, which increasingly involve online technologies and channels. In Southeast Asia, the counterfeit industry is worth hundreds of billions of US dollars and is expected to grow even further. In tracking the size of the global trade in counterfeit goods, the Organization for Economic Co-operation and Development and the EUIPO have noted that many countries in Southeast Asia are important producers of—and have traded heavily in—counterfeit goods. These countries have also traded heavily in counterfeit goods, and advanced technology has enabled these countries to produce more sophisticated goods and sell them in more advanced ways. Consumer shift to online channels One reason for the proliferation of these activities is the demand for online shopping platforms, which increased markedly during the COVID-19 pandemic. Consumer behavior in Southeast Asia has shifted in the past decade due to the growth of online sales channels, such as e-commerce and social media platforms. The pandemic hastened the switch to such channels and many consumers have kept using them ever since. As merchants adapted to this trend, sellers of counterfeit goods also benefited greatly. Instead of having to be physically present in the marketplace, where they risked getting caught by the authorities, they can hide behind websites and sell counterfeit products from a stock of goods anywhere in the world. Counterfeit goods sellers have developed new ways to avoid detection and have improved their strategy for making their online profiles look more trustworthy and descriptions of their goods more convincing. This move to online channels requires consumers to be more knowledgeable and