LAWS
Investment, Trade Regulation, Law on Taxation,
Labor Law, Law on insurance, Land and construction,
Law on foreign exchange foreign, Law on marriage & family, Trademark Law

LAW CONCERNING MARKS
TRADE NAMES AND ACTS OF UNFAIR
COMPETITION  

CHAPTER 1 | CHAPTER 2 | CHAPTER 3 | CHAPTER 4 | CHAPTER 5 | CHAPTER 6 | CHAPTER 7 | CHAPTER 8 | CHAPTER 9 | CHAPTER 10 | CHAPTER 11 | CHAPTER 12 | CHAPTER 13 | CHAPTER 14 | CHAPTER 15 | CHAPTER 16

Chanter 4
Collective Marks

Article 16

Subject to Articles 17 and 18, Articles 3 to 15 shall apply to collective marks.

Article 17

(a) - An application for registration of a collective mark shall designate the mark as a collective mark and shall be accompanied by a cop; of the regulations governing the use of the collective mark.

(b) - The registered owner of a collective mark shall notify the Registrar of any changes made in respect of the regulations referred to in paragraph (a).

Article 18

In addition to the grounds provided in Article 13.(a) and (b), the Registrar shall invalidate the registration of a collective mark if the person requesting the invalidation proves that only the registered owner uses the mark, or that he uses or permits its use in contravention of the regulations referred to in Article 17.(a) or that he uses or permits its use in a manner liable to deceive trade circles or the public as to the origin or any other common characteristics of the goods or services concerned.

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Chapter 5
Licensing of Marks

Article 19

(a) - Any license contract concerning the registration of a mark, or an application therefor, shall provide for effective control by the licensor of the quality of the goods or services of the licensee in connection with which the mark is used. If the license contract does not provide for such quality control or if such quality control is not effectively carried out, the license contract shall not be valid.

(b) - The registration of a collective mark, or an application therefor, may not be the subject of a license contract.

Chanter 6
Trade Names

Article 20

A name or designation may not be used as a trade name if by its nature or the use to which it may be put, is contrary to public order or morality and if, in particular, it is liable to deceive trade circles or the public as to the nature of the enterprise identified by that name.  

Article 21

(a) - Notwithstanding any laws or regulations providing for any obligation to register trade names, such names shall be protected, even prior to or without registration, against any unlawful act committed by third parties.

(b) - Any subsequent use of the trade name by a third party, whether as a trade name or a mark or collective mark, or any such use of a similar trade name or mark, likely to mislead the public, shall be deemed unlawful.

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Chanter 7
Acts of Unfair Competition

Article 22

Any act of competition contrary to honest practices in industrial, commercial, service matters shall be considered as act of unfair competition.

Article 23

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.

(c) - the manufacturing process, the characteristics, the suitability for their purpose, or the quantity of the goods.

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Chanter 8
Infringement and Remedies

Article 24

Subject to Article 12, an infringement of a registered mark shall consist of the performance of any act referred to in Article 11 in Cambodia by a person other than the owner of the mark and without the agreement of the latter.

Article 25

An infringement of a registered well-known Mark shall consist of the use of a sign identical with or confusingly similar to the well-known mark without the agreement of the owner of the well-known mark provided that the sign is used:

(a) - in relation to goods and services identical with or similar to the goods and services for .which the well-known mark has been registered, or  

(b) - in relation to goods and services which are not identical with or similar to those in respect of which the well-known mark has been registered and the use of the sign in relation to these goods or services would indicate a connection between those goods and services and the owner of the well-known mark and that the interests of the owner of the well known mark are likely to be damaged by such use.

Article 26

An infringement of an unregistered well-known mark shall consist of the use of a sign identical with or confusingly similar to the well-known mark without the agreement of the owner of the well-known mark provided that the sign is used in relation to goods or services identical with or similar to the goods or services for which the mark is well-known.

Article 27

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. award damages and grant any other remedy provided for in the general law.

Article 28

On the request of any competent authority or any interested person, association or syndicate, in particular of producers, manufacturers or traders, the court may grant the same relief in case of an act of unfair competition referred to in Articles 22 and 23.

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Chapter 9
Provisional Measures

Article 29

On .the request of the applicant, the Court shall order prompt and effective provisional measures to prevent an infringement, an imminent infringement or to preserve relevant evidence in regard to the alleged infringement.   

Article 30

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:

(a) - 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

(b) - 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.

Article 31

Where a provisional measure has been ordered, the defendant shall be given notice of the decision at the time of the execution of the measures.

Article 32

Where provisional measures have been ordered under Article 30 and 31, the defendant may file a request for review with the Court within 15 working days from the notification of the decision. In the review proceedings, the Court shall give the parties concerned an opportunity of being heard and shall review and confirm, modify or revoke its decision within a reasonable period, as specified by the law.

Article 33

Where the applicant does not initiate proceedings leading to a decision on the merits of the case within 20 working days, from the notification of the decision ordering provisional measures or within any other reasonable period determined by the Court in its decision, the Court shall revoke the provisional measures upon the request of the defendant.

Article 34

Where the provisional measures are revoked or where the Court decides on the merits of the case in proceedings under Article 33 initiated by the applicant that there has been no infringement or threat of an infringement, the Court shall order the applicant upon the request of the defendant, to provide the defendant appropriate compensation for any injury caused by the execution of the provisional measures.

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Chanter 10
Border Measures

Article 35

The owner of any registered trademark may make application to the customs or the competent authorities or court to suspend clearance of goods suspected of being counterfeit by proving that he is the owner of the registered mark.

Article 36

Any application under Article 35 should be presented in writing and should be accompanied by:

(a) - an extract from the register of marks;  

(b) - a statement of the grounds for the application, and in particular the prima facie evidence showing that such trademark goods are counterfeit;

(c) - a complete description of the goods on or in connection with which the trademark is used, together, where appropriate (or requested), with a sample of the bona fide product;

(d) - the name and address of the applicant and of his representative (alternatively: full details of the applicant. as prescribed);

(e) - an authorization from the owner of the registered trademark, where the application is filed by an authorized representative, and

(f) - the prescribed fee in accordance with the determination of the Ministry of Economy and Finance.

Article 37

Within 10 working days of the receipt of an application under Article 35, the customs or competent authorities shall notify the applicant whether the application has been granted or rejected or reserved for further consideration.

Article 38

Customs or other competent authorities, specified by Sub-Decree, shall have authority to require the applicant to provide a security or equivalent assurance sufficient to protect the importer, consignee, exporter or owner of the goods and the competent authorities Such security or equivalent assurance shall be determined in a manner which does not unreasonably deter recourse to this procedure.

Article 39

Upon granting an application under Article 35, the customs shall suspend clearance of the goods referred to in the application. The suspension shall remain in force for the initial period, and any extension thereof which is not more than 10 working days.

The customs shall immediately inform the importer and the applicant of the suspension of the clearance of the goods. and shall state the reasons of such suspension. The customs shall also notify the importer of the name and address of the applicant.

Article 40

Article 41

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The relevant authorities shall have the authority to order an applicant to pay the owner, the importer, the exporter and the consignee of the goods appropriate compensation for injury caused to them through the wrongful detention of goods or through the detention of goods released pursuant to Article 39. In case of any party does not agree with this decision, that party has the right to file an appeal before the court.

Article 42

The customs or other competent authorities may allow the right holder, importer or exporter to examine the goods, the clearance of which has been suspended in accordance with Article 39, and to remove samples for examination, testing and analysis, to determine whether the goods are counterfeit.

Where a positive determination has been made that the goods are counterfeit, the customs authorities may inform the right holder of the names and addresses of the exporter, the importer and the consignee and of the quantity of goods in question. Without prejudice to the protection of confidential information, the customs or other competent authorities may, on request, provide the right holder with copies of documents lodged in respect of such goods or with any available information or documents relating to any previous importation or exportation of similar goods by the same importer or exporter.

Article 43

The customs may, on its own initiative, suspend the clearance of goods in respect of which it has acquired prima facie evidence that importation of counterfeit trademark goods is taking place or is imminent.

Article 44

The customs shall immediately inform the right holder of the place and date of the suspension of customs clearance and they may at any time seek from the right holder any information that may assist them to exercise these powers.

Article 45

With respect to acts performed under Article 42, both public authorities and officials shall be exempted from liability to appropriate remedial measures where those actions are taken or intended in good faith.

Article 46

The customs and competent authorities, through the decision of the court, shall have the authority to order the destruction of infringing goods. The customs shall not allow the re‑exportation of counterfeit trademark goods or subject them to different customs procedure.

Article 47

Counterfeit trademark goods of a non-commercial nature contained in travelers' personal luggage may be excluded from the application of this Law.

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