Detail on Trademark Enforcement in Cambodia - Cambodia at glance - Cambodia’s Trademark Law - Acts of Unfair Competition - Infringement & Remedies - Enforcement Authorities

1. by Nguyen Hoa Binh | M: +84 9633 7 4499 | E: binh@daitin.com.vn
Detail on Trademark Enforcement in Cambodia
Cambodia at glance
Cambodia, also Kampuchea, officially the Kingdom of Cambodia, is a country located in the
southern portion of the Indochina peninsula in Southeast Asia. It is 181,035 square kilometres
(69,898 square miles) in area, bordered by Thailand to the northwest, Laos to the northeast,
Vietnam to the east and the Gulf of Thailand to the southwest 1
.
The sovereign state of Cambodia has a population of over 15 million, with GDP per capita at
1.614USD (estimated in 2019).
Cambodia’s economy continues to show signs of robust growth, underpinned by solid export
performance and strong domestic demand. Rising domestic consumption fueled by a surge in
FDI inflows in recent years drove import growth. The financial sector is playing an increasingly
important role in the economy. Growth in labor income was the key driver of poverty reduction
in Cambodia” 2
.
Cambodia’s Trademark Law
Law Concerning Marks, Trade Names and Acts of Unfair Competition. This Trademark Law
including 16 Chapters, 72 Articles, ensures Intellectual Property Right Enforcement mechanism
which follows the principles of TRIPS.
Acts of Unfair Competition
Acts of Unfair Competition are defined as any act of competition contrary to honest practices in
industrial, commercial, service matters shall be considered as act of unfair competition (Article
22).
The following acts, in particular, shall be deemed to constitute acts of unfair competition
a) all acts of such a nature as to create confusion by any means whatever with the
establishment, the goods, or the industrial, commercial or service activities of a
competitor;
b) false allegations in the course of trade of such a nature as to discredit the establishment,
the goods, or the industrial, commercial or service activities of a competitor.
1
https://en.wikipedia.org/wiki/Cambodia
2
May 2019: Cambodia Recent Economic Development and Outlook

2. DAITIN & ASSOCIATES CO., LTD.
Ho Chi Minh City & Hanoi
Add: No. 68/14 Hoang Dieu Str., District 4, Ho Chi Minh City, Vietnam
Tel: +84-8-6934 9899 | Fax: +84-24-3200 3524 E: info@daitin.com.vn; W: www.daitin.com.vn
c) indications or allegations the use of which in the course of trade is liable to mislead the
public as to the nature, the manufacturing process, the characteristics, the suitability for
their purpose, or the quantity of the goods (Article 23).
Infringement & Remedies
An infringement of a registered mark shall consist of the performance of any act of using a
registered mark, in relation to any goods or services for which it has been registered, by any
person other than the registered owner shall require the agreement of the latter.
The registered owner of a mark shall, in addition to any other rights, remedies or actions available
to him, have the rights to institute court proceedings against any person who infringes the mark
by using without his agreement, the mark as aforesaid or who performs acts which make it likely
that infringement will occur. The right shall extend to the use of a sign similar to the registered
mark and use in relation to goods and services similar to those for which the mark has been
registered, where confusion may arise in the public.
On the request of the owner of the mark or of a licensee if he has requested the owner of the mark
to institute court proceedings for specific relief and the owner of the mark has refused or failed
to do so, the court may grant an injunction to prevent infringement, an imminent infringement,
or an unlawful act referred to Articles 21, 22, 23 of the Law, award damages and grant any other
remedy provided for in the general law.
Enforcement Authorities
1. Criminal IPR Enforcement
Criminal IPR Enforcement can be conducted based on the provisions of the three principal IP
laws-TM law, Patent law and Copyright law.
Criminal infringement cases were punishable with fines of up to US$6,000 and/or prison
sentences ranging from one to 60 months. The penalties will be doubled for second offences
committed within five years from the date of the first conviction.
In case of sale, distribution and importation of counterfeit pharmaceuticals, provisions in the Law
on the Management of Pharmaceuticals could also be applied to impose criminal penalties and
protect the rights of the right-holders.

3. by Nguyen Hoa Binh | M: +84 9633 7 4499 | E: binh@daitin.com.vn
2. Authorities
Enforcement Section of the Intellectual Property Department plays the role as enforcer of TM
law and mediator to settle disputes on trademark matters between the right owner (complainant)
and the infringer (defendant). The Authorities including:
a. Customs authority http://www.customs.gov.kh/en_gb/
The customs authorities are the Customs Administration (Customs and Excise Department of the
Ministry of Economy and Finance). The customs authorities are in charge of managing the border
measures in case of alleged trademark and/or copyright infringement. The customs authority is
one of the authorities competent to receive the application filed by the right holder requesting a
border measure (suspension of the release of the goods).
b. CAMCONTROL https://www.camcontrol.gov.kh/
CAMCONTROL - Cambodia Import - Export Inspection and Fraud Repression Directorate,
General of the Ministry of Commerce. It is a specialized institution established within the
Ministry of Commerce. Its responsibilities and composition are determined by the Sub Decree
No 59.A’NKR-BK of 29 May 2008 , which implements Article 26 of the Law on the Management
of Quality and Safety of Products and Services (the Standards Law) of 21 June 2000.
c. Economic Police
The Economic Police, under the Ministry of Interior, is in charge of criminal investigations, under
the supervision of the prosecutor, in case of alleged infringements of economic legislation,
including the intellectual property laws and the Law on the Management of Quality and Safety
of Products and Services.
The Declaration on Duty, Obligations, Rights and Structures of Anti-Economic Crime Police
Department” mentions that the Economic Police is in charge of monitoring and inspecting all
activities of law enforcement; of taking measures and fighting against economic crime or
submitting the requests to the appropriate institutions; of cooperating with concerned competent
authorities and institutions to perform searches and investigations, including to protect
intellectual property rights; and to cooperate with the prosecutor and the courts to implement the
operation procedures.
To this end, a specific office has been established within the Economic Police, the Anti-
Intellectual Property Rights Crime Office, which is, inter alia, in charge of conducting searches

4. DAITIN & ASSOCIATES CO., LTD.
Ho Chi Minh City & Hanoi
Add: No. 68/14 Hoang Dieu Str., District 4, Ho Chi Minh City, Vietnam
Tel: +84-8-6934 9899 | Fax: +84-24-3200 3524 E: info@daitin.com.vn; W: www.daitin.com.vn
and investigations; identifying targets in cooperation with the concerned competent authorities
in order to collect evidence; and filing legal action 3
.
d. Committee for Suppression of Copyright Infringement; and
e. The three levels of Cambodian Courts.
On the request of the owner of the mark or of a licensee if he has requested the owner of the mark
to institute court proceedings for specific relief and the owner of the mark has refused or failed
to do so, the court may grant an injunction to prevent infringement, an imminent infringement,
award damages and grant any other remedy provided for in the general law.
Where appropriate, in particular where any delay is likely to cause irreparable harm to the right
holder or where there is a demonstrable risk or evidence being destroyed, the Court may order
provisional measures provided that the applicant has furnished any reasonably available evidence
satisfying the Court with a sufficient degree that the applicant is the right holder and that the
applicant's rights are being infringed or that such infringement is imminent, and the required
security or equivalent assurance sufficient to protect the defendant and to prevent abuse. This
required security should be under the determination of the court.
If you need any further information or assistance, please feel free to ask us.
We thank you for your kind attention and look forward to working with you.
Very truly yours,
Nguyen Hoa Binh | Co-Founding Partner
M: +84 9633 7 4499 | E: binh@daitin.com.vn
*****************************************************
DAITIN & ASSOCIATES CO., LTD.
(IP Agent in Vietnam, Laos, Cambodia and Myanmar)
Ho Chi Minh City | Hanoi
No. 68/14 Hoang Dieu Str., District 4, Ho Chi Minh City, Vietnam
Postal code: 700000 | Tel: +84-8-6934 9899 | Fax: +84-24-3200 3524
Email: info@daitin.com.vn | Website: www.daitin.com.vn
A member of: INTA, APAA & AIPPI
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