ADMINISTRATIVE IPR ENFORCEMENT in Cambodia

1  Role of patent office (If any) Role of Patent Office in the enforcement of IPRs has been clearly defined by Law on Patent, Utility Model Certificates and Industrial Design concerning the responsibility to enforce IPRs through the duty of its enforcement unit. 2  Relevant courts With the recent approval of the Council of Ministers […]

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BORDER CONTROL in Cambodia

Registration procedure

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.

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CRIMINAL IPR ENFORCEMENT in Cambodia

Criminal IPR Enforcement can be conducted based on the provisions of the three principal IP laws – TM law, Patent law and Copyright law. The enforcement includes both imprisonment and fine.

1.   Police authorities
Economic police is the main authority mandated to handle commercial and IP case. The other police units are required to cooperate with economic police to handle those case of the commercial and IP nature. Economic police is posted in municipal and provincial level.

2. Competent courts and jurisdiction (including appeal)
Municipal or provincial court (there are 21 provincial courts and 03 Municipal courts), one appeal court and one supreme court (located only in the capital city).

3. Penalties

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CIVIL IPR ENFORCEMENT in Cambodia

Civil IPR enforcement can be initiated by the enforcement section of the Intellectual Property Department of the Ministry of Commerce and enforcement unit of the Industrial property Department of the Ministry of Industry, Mines and Energy.  These sections will ex-officially act and act on the complain\ of right-holders.

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IPR enforcement in Cambodia

IP enforcement system in Cambodia is presented as a coordinated structure of separated institutions responsible for IP protection. Each department has its own structure and strategy to deal with IP infringement and to settle IP dispute. In accordance with the existing IP law, those institutions initiate their actions ex- officially or upon complaints of the right-holders.

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Intellectual Property Protection under Cambodian Law

A. Legal Protection

Since the right regarding intellectual property becomes more complicated due to the advance of technology, it needs specific law to apply in this area. The policy with regard to the protection of Intellectual Property Rights is based on:

-Law Concerning Marks, Trade Names, and Acts of Unfair Competition containing 16 chapters, with 72 articles, was promulgated on Feb.07, 02 and Sub-Decree for appropriately implementing was  adopted on July 12, 2006. 

-Law on Copyrights and Related Rights containing 8 chapters with 69 articles was promulgated on 5 March 2005 and Sub-Decree for Collective Management of Copyrights and related Rights have been recently finalized and will be submitted to the Council of Ministers for adoption 

-Law on patents, Industrial Designs, and Utility Models containing 9 chapters, with 137 articles, was promulgated on Jan.02, 03 and the Declaration instead of Sub-Decree for implementing this Law was introduced on June 29, 2006.

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International Instruments Concerning the Protection of IPRs

The Kingdom of Cambodia has accessioned to the following bilateral and multilateral international instruments:

Firstly, on the part of practical implementation of intellectual property enforcement, Cambodia has taken part into the World Intellectual Property Organization (WIPO) on July 25, 1995 and become a party of the Paris Convention for the Protection of Industrial Property, on September 22, 1998 which has shown strong commitment under the obligations of Paris Convention to protect well-known marks by enforcing laws to suppress many cases of infringements and setting up effective mechanism to protect right-holders in exercising their Intellectual Property rights in Cambodia.

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Registration of Trademark in Cambodia

REQUISITE INFORMATION

  1. Full name, address and nationality of the applicant;
  2. Description of the trademark: meaning, colors claimed, translation or transliteration of characters into English if the mark contains foreign characters;
  3. List of goods/services to be covered by the trademark and if possible, the class(es) of the respective goods/services according to the International Classification;
  4. Country, application number and filing date of the original foreign application from which the priority is claimed (if a priority is claimed).
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Registration of Industrial Design in Cambodia

REQUIRED INFORMATION

  1. Full name, address and nationality of the applicant;
  2. Full name, address and nationality of the designer;
  3. Title of the design;
  4. Indication of the kind of products for which the industrial design is to be used;
  5. International Classification of the design;
  6. Country/office, application number, filing date and the international classification of industrial design of the original foreign application from which priority is claimed (if priority is claimed);
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Registration of Invention/Utility Model in Cambodia

REQUIRED INFORMATION

  1. Full name, address and nationality of the applicant;
  2. Full name, address and nationality of the inventor;
  3. Title of the invention/utility model;
  4. Country/office, application number, filing date and the international patent classification of the original foreign application from which priority is claimed (if priority is claimed);
  5. Information concerning the corresponding foreign application and patent filed by the Applicant abroad relating to the same or essentially the same invention as that claimed in the application filed at the Patent Department.
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