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Custom Recordal of IPRs in Cambodia

Cambodia

Custom Recordal of IPRs
No
No
No
N/A
Custom Recordal of IPRs is effective on imports only.
The role of the customs department is to identify and intimate the IP rights holder. After an order is obtained from the court, the customs initiate the destruction of goods.
There is no procedure to record IP; however, if a rights holder uses an exclusive distributor in Cambodia, he or she may register an exclusive distributorship with the Department of IP Rights. Once the registration is accepted, it can be forwarded to Customs, which may look out for and stop any imports not imported by the registered exclusive distributor. This approach offers protection to the rights holders against parallel importing, but may also contribute to intercepting counterfeits as shipments are more carefully scrutinised by Customs on import.
  • A statement showing prima facie evidence (evidence which supports the claim) of counterfeits;
  • A description of the goods;
  • Proof of trade mark registration; and
  • The applicant’s information.
No
10 days
No
No
The official fees are not yet published. The authorities may require applicants to post security during the suspension.
Border measures are available only in relation to trademarks and copyright under the current legal framework. A granted petition will be valid for 60 days.
Yes
The Customs authority has ex officio powers as well as those emanating after registration of IP rights. Once it is found that goods are counterfeit, the same may lead to suspension of goods.
The authorities may also require the applicant to pay a security deposit or provide other assurance for the suspension.
Yes
Yes
Yes
Within 10 days
Yes
Within 10 days
No
No
The customs authority informs the IP rights holder and asks to initiate civil court proceedings within a span of 10 days.
Yes. Failure to do so shall result in releasing goods in the ordinary channel of commerce.
The order of the court has to be produced.
Yes, the disadvantages of Custom Recordal are as follows:
1) Border control measures are only available to trademark and copyright owners. They are regulated by the Law on Marks, Trade Name, and Acts of Unfair Competition. The law does not provide a procedure for suspension of customs clearance for goods that infringe patents, utility model certificates, or industrial design certificates;
2) The Customs do not have sufficient powers; and
3) There is no proper recordal system.
Other documents include the evidentiary requirements, description of goods, etc.
No