Monday, December 11, 2017

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 to establish a Commercial Court to deal with commercial and Intellectual Property Case in order to meet with its commitment during WTO accession, Cambodia now expects to have another court system specializing in settling commercial and IP disputes.

COMMENTS

Presently, there is no plan to change any enforcement mechanism of IPRs in Cambodia. Intellectual Property Right Enforcement mechanism is based and continues to follow the principles of TRIPS.

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.

Read more: BORDER CONTROL in Cambodia

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.

Read more: CIVIL IPR ENFORCEMENT in Cambodia

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

Read more: CRIMINAL IPR ENFORCEMENT in Cambodia

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.

Read more: IPR enforcement in Cambodia

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