Understanding protection of Trademarks in Cambodia
How to protect a trademark in Cambodia?
Remedies available for protection of trademarks in Cambodia are:
Civil Action– Trade mark owners may sue for monetary damages in Cambodian civil court.
Criminal Proceedings– Criminal complaints can also be filed against persons who have infringed the trademark in Cambodia, in addition to a civil action.
Article 65 states that whoever imitates a trademark, service mark, collective mark or trade name registered in the Kingdom of Cambodia by another person in order to mislead the public into believing that it is the trademark, service mark, collective mark or trade name of such other enterprise as under Article 23, shall be liable to a fine of from five to ten million riels, or to imprisonment from one month to one year, or both.
Article 64 states that whoever counterfeits a trademark, service mark, collective mark or trade name registered in the Kingdom of Cambodia by another enterprise shall be liable to a fine of from one to twenty million riels, or to imprisonment from one to five years, or both
Administrative Remedies– Administrative proceedings can be initiated at the Department of Intellectual Property Rights (DIPR). In an administrative proceeding, the DIPR conducts one or more hearings and serves as a mediator between the parties.
Border Measures– As most infringing goods in Cambodia are imported, filing a request to suspend customs clearance and destroy counterfeit goods can be an effective means to enforce trade marks in Cambodia.
For more information on trademark protection in Cambodia please write to us at firstname.lastname@example.org
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