关于知识产权 知识产权培训 树立尊重知识产权的风尚 知识产权外联 部门知识产权 知识产权和热点议题 特定领域知识产权 专利和技术信息 商标信息 工业品外观设计信息 地理标志信息 植物品种信息(UPOV) 知识产权法律、条约和判决 知识产权资源 知识产权报告 专利保护 商标保护 工业品外观设计保护 地理标志保护 植物品种保护(UPOV) 知识产权争议解决 知识产权局业务解决方案 知识产权服务缴费 谈判与决策 发展合作 创新支持 公私伙伴关系 人工智能工具和服务 组织简介 与产权组织合作 问责制 专利 商标 工业品外观设计 地理标志 版权 商业秘密 WIPO学院 讲习班和研讨会 知识产权执法 WIPO ALERT 宣传 世界知识产权日 WIPO杂志 案例研究和成功故事 知识产权新闻 产权组织奖 企业 高校 土著人民 司法机构 遗传资源、传统知识和传统文化表现形式 经济学 性别平等 全球卫生 气候变化 竞争政策 可持续发展目标 前沿技术 移动应用 体育 旅游 PATENTSCOPE 专利分析 国际专利分类 ARDI - 研究促进创新 ASPI - 专业化专利信息 全球品牌数据库 马德里监视器 Article 6ter Express数据库 尼斯分类 维也纳分类 全球外观设计数据库 国际外观设计公报 Hague Express数据库 洛迦诺分类 Lisbon Express数据库 全球品牌数据库地理标志信息 PLUTO植物品种数据库 GENIE数据库 产权组织管理的条约 WIPO Lex - 知识产权法律、条约和判决 产权组织标准 知识产权统计 WIPO Pearl(术语) 产权组织出版物 国家知识产权概况 产权组织知识中心 产权组织技术趋势 全球创新指数 世界知识产权报告 PCT - 国际专利体系 ePCT 布达佩斯 - 国际微生物保藏体系 马德里 - 国际商标体系 eMadrid 第六条之三(徽章、旗帜、国徽) 海牙 - 国际外观设计体系 eHague 里斯本 - 国际地理标志体系 eLisbon UPOV PRISMA UPOV e-PVP Administration UPOV e-PVP DUS Exchange 调解 仲裁 专家裁决 域名争议 检索和审查集中式接入(CASE) 数字查询服务(DAS) WIPO Pay 产权组织往来账户 产权组织各大会 常设委员会 会议日历 WIPO Webcast 产权组织正式文件 发展议程 技术援助 知识产权培训机构 COVID-19支持 国家知识产权战略 政策和立法咨询 合作枢纽 技术与创新支持中心(TISC) 技术转移 发明人援助计划(IAP) WIPO GREEN 产权组织的PAT-INFORMED 无障碍图书联合会 产权组织服务创作者 WIPO Translate 语音转文字 分类助手 成员国 观察员 总干事 部门活动 驻外办事处 职位空缺 采购 成果和预算 财务报告 监督
Arabic English Spanish French Russian Chinese
法律 条约 判决书 按司法管辖区搜索

柬埔寨

KH020

返回

Prakas on the Procedures for the Registration and Protection of Marks of Goods which include a Geographical Indication

 Prakas on the Procedures for the Registration and Protection of Marks of Goods which include a Geographical Indication

BNG Advocates & Solicitors Un‐official Translation KINGDOM OF CAMBODIA

NATION RELIGION KING

4 Ministry of Commerce No. 105 MOC / SM 2009

PRAKAS On

the Procedures for the Registration and Protection of Marks of Goods which include a Geographical Indication

6 Senior Minister, Minister of Commerce

‐ Having seen the Constitution of the Kingdom of Cambodia ‐ Having seen the Royal Decree No. NS/RKT/0908/1055 dated November 25, 2008 on

the Nomination of the Royal Government of Cambodia ‐ Having seen the Royal Kram No. 02 NS.94 dated July 20, 1994 on the Organization and

Functioning the Council of Minister ‐ Having seen the Royal Kram No. NS/RKM/0196/16 dated January 24, 1996

promulgating the Law on the Establishment of Ministry of Commerce ‐ Having seen the Royal Kram No. NS/RKM/0202/006 dated February 07, 2002

Promulgating the Law on Mark, Trade Name and Acts of Un‐Fair Competition ‐ Having seen the Sub Decree No. 91 ANK.BK dated August 01, 2007 on the

Organization and Functioning of the Ministry of Commerce ‐ Having seen Prakas No. 211 MOC/SM 2007 dated November 18, 2007 on the

Organization and Functioning of the Intellectual Properties Department ‐ In Pursuant to actual needs and urgently on Registration and Mark Protection for

Geographical Indication in the Kingdom of Cambodia to Prevent some bad Businessman using wrongly in Geographical Indications which cost the lost of reputation of geographical indication.

DECIDES

Article 1: Objective

The objective of this Prakas is to manage, register, recognize, and protect Geographical Indications in the Kingdom of Cambodia. Article 2: Purpose

This Prakas creates a procedure on the management, registration, recognition, and protection of Geographical Indications for the purpose of protecting the intellectual property rights of the producers, operators, and consumers of Geographical Indication products, and also to preserve and strengthen the knowledge, traditional know‐how and national identity in order to create jobs rural areas, to develop communities, to reduce poverty, and to attract tourists. Article 3: Scope

BNG Advocates & Solicitors Un‐official Translation Agricultural goods, foodstuffs, handcrafted goods, and other goods which are produced or transformed in the Kingdom of Cambodia in compliance with the provisions of this Prakas shall be registered and protected as Geographical Indications in the Kingdom of Cambodia. Article 4: Definitions

The terms used in this Prakas shall be defined the meanings as follows: 1‐ “Mark of Goods which include a Geographical Indication” refers to a name,

symbol or any other sign which is used for calling or representing a geographical origin and can identify the goods as originating in such geographical origin where the quality, reputation or other characteristic of the goods is essentially attributable to the geographical origin;

2‐ “Application” refers to an application for the registration of a Geographical Indication;

3‐ "Applicant" means a natural or legal person of Geographical Indication association, or group of producers, or producer organization, or operator having an interest in the registration of geographical indication;

4‐ "Operator" refers to a natural or legal person involved in the collection, transformation, processing, trading, or distribution of Geographical Indication goods;

5‐ "Official Gazette" is the Official Gazette issued by the Department of Intellectual Property Rights of the Ministry of Commerce;

6‐ "Book of Specifications" is a document elaborated by the applicant, specifying the geographical area of goods, production conditions, and qualification process for Geographical Indication goods;

7‐ "Control" means the verification of the compliance of the goods with the book of specifications by the designated authorities or body;

8‐ "Registration" means registration of the Geographical Indication; 9‐ "Day" means calendar day; 1‐ "Certification Body" refers to an organization issuing a certificate of conformity

with the book of specification; Article 5: Conferred Rights

When a Geographical Indication is registered at the Intellectual Property Department of the Ministry of Commerce in accordance with the provisions of this Prakas, producers and/or operators whose practices is compliance with the book of specifications shall be conferred the absolute rights to use the Geographical Indications. These rights are not transferable. Article 6: The duties of the Department of Intellectual Property

The Ministry of Commerce confers the rights to manage, register, recognize, and protect the Geographical Indications in the Kingdom of Cambodia to the Department of Intellectual Property. Department of Intellectual Property is mainly responsible for:

- Receiving and examining applications; - Examining the book of specifications; - Receiving oppositions and counterstatements; - Registering the geographical indications; - Conciliating the conflicts related to geographical indications; - Managing the Geographical Indications register;

BNG Advocates & Solicitors Un‐official Translation - Publishing the registered Geographical Indications in Official Gazette;

Article 7: Filing Application

1‐ The application shall be filed with the Department of Intellectual Property of the Ministry of Commerce following the form in Annex 1;

2‐ The application shall be in Khmer or English. The documents required for the registration, if not originally in Khmer or English, shall be accompanied by Khmer or English translations.

3‐ Required documents for registration are as follows: a. An application; b. A book of specifications; c. Power of Attorney issued by the Geographical Indications association

notarized by a Lawyer, Notary Public, or Public Administrator located in location of the Geographical Indications;

d. And other relating documents stipulated in the application. Article 8: Withdrawal of Application

The applicant may withdraw the application at any time by notifying in writing to the Department of Intellectual Property of the Ministry of Commerce. Article 9: Administrative Fees for the registration

Applicants for the protection of Geographical Indications in the Kingdom of Cambodia shall pay the administrative fees and other related fees in accordance with the inter‐ ministerial Prakas No. 457 SHV. BrKChMP dated June 8, 2007 on the Administrative Fees for Marks Registration and other Relating Fees of the Ministry of Commerce and the Ministry of Economy and Finance. Article 10: Examination of Application

1. Department of Intellectual Property shall organize the preliminary examination procedure on the application within a period of no later than 90 days from the date of filing;

2. Department of Intellectual Property shall review the application as accurately completed in compliance with the conditions stipulated in Article 7 and shall issue an Acknowledgment of Filing Instruction or Rejection officially.

3. The Acknowledgment of Filing Instruction shall be identified by the filing date and application number.

4. The Rejection of Application shall be clarified the reason of rejection and notify the applicant. The applicant may correct the application within the correction period, or the application will be deemed abandoned.

5. The following Geographical Indications are not allowed to be registered: - The indication that become a General Term; - The indication that affects the name of plantation or any type of animals.

6. The registration of Geographical Indications shall be published in Official Gazette. Article 11: The examination of the substance of application

1. If necessary, the ministry of commerce has the authority to determine any additional provisions for reviewing the substance of application.

2. The Department of Intellectual Property shall supervise the efficiency of the certification body issued from the Ministry of Commerce.

BNG Advocates & Solicitors Un‐official Translation 3. In reviewing the substance of application, the Department of Intellectual Property

may invite the applicant or any related person to provide an additional explanation or evidences. If necessary, the Department of Intellectual Property may seek advice from experts in the field field in order to consider and make decision.

4. The verification of conformity of the Geographical Indication with the book of specifications shall be guaranteed by the competent and impartial public authority, or public organization, or private organization officially recognized by the International Standard Organization 65. The verification must comply with the guidelines of ISO 65, or of any other ISO with the agreement from the ministry of commerce. The annual report of the organization issuing certificate on the quality of Geographical Indications goods shall be sent annually to the Department of Intellectual Property no later than December 31, and include the list of operators, products, quantity acknowledged and punishment imposed if any.

5. Applicant may select the certification body by himself. This selection is a part of the application and shall be examined and approved by the Department of Intellectual Property of the Ministry of Commerce.

6. In case of non‐compliance with the book of specifications by any producer or operator, appropriate measures and punishment shall be taken by the certification body as follows: - Remarks made to operator or producer - Warning made to operator or producer - Disqualification of one lot of product - Temporary revocation of the rights to use the Geographical Indication by the

operator or producer. - Definitive revocation of the rights to use the Geographical Indication by the

operator or producer. Article 12: Validity and Renewal

The validity and renewal of Geographical Indication registration shall be applied in conformity with Article 12 of the Law Concerning Marks, Trade Names and Acts of Unfair Competition and other related provisions. Article 13: Cancellation of the Registered Geographical Indication

The Ministry of Commerce shall have the right to cancel the registered Geographical Indication before the expiration date in the case of following:

- No action taken concerning the planning control stipulated in the book of specifications

- Applicant fails to provide additional documents or information to the Department of Intellectual Property in response to the request in the case of changing modality, registration procedure

Article 14: Other implementation procedure and punishment

Opposition and counterstatement procedure, provisional and border measure, agent, and punishment related to Geographical Indication of this Prakas shall be implemented in compliance with other related provisions stipulated in the Law Concerning Marks, Trade Names and Acts of Unfair Competition. Article 15: Validity

BNG Advocates & Solicitors Un‐official Translation This Prakas comes in to effect from the date of this signature.

Phnom Penh, Dated 18 of May, 2009 Senior Minister

Minister of Commerce

Cham Prasith