1– Pursuant to Articles 35 and 36 of the Law and the provisions of the Law on the Governing of Quality and Safety of Goods and Services, the registered mark owner or licensee or his/her legal agents are entitled to file their petitions to the Customs and Excise Department or CAMCONTROL Department to suspend clearance for inspection of the alleged counterfeited goods.
2- Within not more than thirty (30) days after this Sub-Decree enters into force, the Ministry of Economy and Finance and Ministry of Commerce shall issue a Joint-Prakas (Joint Declaration) on the promulgation of the petition forms and other requirements in accordance with the enforced laws.
3- The petition will be valid for sixty (60) days starting from the date of acknowledgement. Before or after the expiry date, the applicant has to re-file his/her petition, if the request for the suspension and inspection is still needed.
Any petition shall be accompanied by the payment of administrative fees as prescribed by the Joint-Prakas (Joint Declaration) of the Ministry of Economy and Finance and Ministry of Commerce.
Beside the obligations referred in Articles 35, 36 and 38 of the Law, applicant is obliged to take responsibility for the means of transportation, warehouse to store the suspended goods. Warehouse should be located in the port premise or in the vicinity of export-import place determined and governed by the competent authority in accordance with enforced laws and regulations. The expenses for destroying infringed goods shall be the obligation of the plaintiff.
Customs and Excise Department and/or CAMCONTROL Department is entitled to refuse the suspension of the goods for inspection, only if the applicant fails to fulfill any requirement made by Customs and Excises Department and/or CAMCONTROL Department, in accordance with provisions of the Law and this Sub-Decree.
Customs and Excise Department of the Ministry of Economy and Finance, CAMCONTROL Department of the Ministry of Commerce, and Economic Police of the Ministry of Interior are the competent authority for the registration of petition to request border measure.
The Royal Government of Cambodia’s approval to establish a Commercial Court separated from the normal court system will become an efficient tool to settle both commercial and IP dispute. It is a proper factor to create more confidence on Cambodian IP enforcement mechanism among businessmen and foreign investors
As provided by provisions of the three cores IP laws – Trademark (including Trade Name and Acts of Unfair Competition), Patent (including Utility Model Certificates and Industrial Design), Copyright and Related Rights, injunction can be issued by competent court upon the request of right-holder. However, injunction can be issued unless following the proper procedure required by court such as depositing financial instruments or monetary guarantee for the compensation to the defendant in case of false accusation.