Claiming priority rights

How can  priority rights be claimed for design applications in Cambodia?

Design applications may contain claiming the priority of one or more earlier national of Paris Convention or WTO.

Where the application contains a Declaration of Claiming Priority, the applicant must furnish a copy of a earlier application certified as correct by the Office that the application was filed.

Declaration of priority of application for registration of industrial design shall be executed as follow:

1. The declaration of priority shall be made at the time of filing the application for industrial design and shall indicate:

i.      the filing date of the earlier application;

ii.      the number of the earlier application;

iii.      the symbol of the International Industrial Design Classification which has been allocated to the earlier application;

iv.      the State in which the earlier application was filed or, the State or States for which it was filed where the earlier application is a regional or an international application;

v.      the Office which it was filed where the earlier application is a regional or an international application.

2. Where at the time of filing the declaration referred to in paragraph (1), the number of the earlier application is not known, that number shall be furnished within the period of three (3) months after the priority date.

3. Where the symbol of the International Classification of Industrial Design has not been allocated to the earlier application, or had not yet been allocated at the time of filing the declaration referred to in paragraph (1), the applicant shall state this fact in the said declaration and shall communicate such symbol as soon as it has been allocated.

4. The applicant may, at any time before the registration of industrial design, amend the contents of the declaration referred to in paragraph (1).

5. The period for furnishing the certified copy of the earlier application shall be three (3) months from the date of the request of the Registrar. Where the copy has already been furnished for another application, the applicant may respond by making a reference to that other application.

6. Where the earlier application is in a language other than Khmer, the applicant shall, within six (6) months from the date of the aforementioned request of the Registrar, furnish Khmer translation text of the earlier application.

7. Unless the Registrar requests otherwise, the earlier application and any translation thereof shall be filed in one (1) copy.