Unofficial Translation
1
Ministerial Regulation (Prakas)
on
the Procedure for the Registration and Protection of Certification Marks
Minister of Commerce
- Having seen the Constitution of the Kingdom of Cambodia;
- Having seen the Royal Decree No. NS/RKT/0913/903 dated September 24, 2013
on the Appointment of the Royal Government of Cambodia;
- Having seen the Royal Kram No.02/NS/94 dated July 20, 1994 promulgating the
law on the Organization and Functioning of the Council of Ministers;
- Having seen the Royal Kram No. NS/RKM/0196/16 dated January 24, 1996
promulgating the Law on the establishment of the Ministry of Commerce;
- Having seen the Royal Kram No. NS/RKM/0202/006 dated February 07, 2002
promulgating the Law Concerning Marks, Trade Names and Acts of Unfair
Competition;
- Having seen the Sub-Decree N0.131 RNKR.BK dated March 19, 2014 on the
Organization and Functioning of the Ministry of Commerce;
- Having seen the Sub-Degree N0.64 RNK.BK dated July 12, 2006 on the
Implementation of the Law Concerning Marks, Trade Names and Acts of Unfair
Competition;
- Pursuant to the necessity of the Ministry of Commerce.
Hereby Decides
Article 1: Purpose
The purpose of this Ministerial Regulation (Prakas) is to protect consumers and producers by
adopting its system aiming to inform consumers that the goods or services of a person
possess certain characteristics, qualities or meet certain qualifications or standards.
Article 2: Objective
The objective of this Ministerial Regulation is to provide a procedure for the registration,
protection and management of certification marks in the Kingdom of Cambodia.
Article 3: Scope
Signs that meet the definition of certification marks provided by article 4 of this Ministerial
Regulation may be registered and protected in the Kingdom of Cambodia under the
certification mark system.
Article 4: Definition of Certification Mark
The term “Certification Mark” means any word, name, symbol, or device, or any
combination thereof indicating that the goods and/or services in connection with which the
mark is used are certified by the registered owner of the mark in respect of the origin,
material/s, mode of manufacture of goods or performance of services, quality, accuracy, or
other characteristics”
Unofficial Translation
2
Article 5: Provisions applicable mutatis mutandis
Except where otherwise specified in this Ministerial Regulation, the relevant provisions of
the Law Concerning Marks, Trade Names and Acts of Unfair Competition shall apply mutatis
mutandis to certification marks under this Ministerial Regulation.
Article 6: Competent Authority
The Ministry of Commerce shall delegate all functions relating to the registration, protection
and management of certification mark to the Department of Intellectual Property.
Article 7: Ownership of Certification mark
1. The applicant for a certification mark shall be a legal person and shall be competent to
certify the goods and/or services for which the mark is registered.
2. The applicant or the registered owner shall not use the certification mark or engage in the
production, marketing or other commercialization of goods or services that are identical with
or similar to those for which the certification mark is registered.
3. The applicant or the registered owner of a certification mark shall not be allowed to
register a trademark or a service mark which is identical with or similar to the certification
mark in connection with the goods or services which are identical with or similar to those for
which the certification mark has been registered.
4. The applicant or the registered owner of a trademark or service mark under the Law
Concerning Marks, Trade Names and Acts of Unfair Competition shall not be allowed to
register a certification mark which is identical with or similar to such trademark or service
mark in connection with the goods and/or services which are identical with or similar to those
for which the trademark or service mark is to be used.
5. The use of registered certification mark by any party shall be authorized first from the
owner.
Article 8: Application for Registration
An application for registration of a certification mark shall be prepared in Khmer or English
language and filed with the Department of Intellectual Property, the Ministry of Commerce,
in line with the provisions of articles 5 to 7 and 9 of the Law Concerning Marks, Trade
Names and Acts of Unfair Competition. In addition, the application for registration of a
certification mark shall be filed together with the following:
a. A statement that the applicant will not be engaged in the production or marketing of
the goods or provision of services that are identical with or similar to those for which
the certification mark is provided;
b. Evidence that the applicant is a legal person.
c. A regulation governing the use (Regulation of Use) of the certification mark. Such
regulation will include at least the following:
Unofficial Translation
3
i. The standards relating to the origin, the material/s, the mode of manufacture
of goods or performance of services, the quality, the accuracy, or other
characteristics that are to be certified by the mark;
ii. The manner in which the registered owner shall verify those standards;
iii. The mechanisms that the registered owner will employ to supervise the
correct use of the certification mark and the continued compliance with the
above standards;
iv. The manners in which the certification marks will be used on products and
services;
v. The fees payable, if any, for the use of the mark;
vi. The procedures for settling disputes.
d. Others as may be prescribed by the law and regulations or indicated in the application
form.
e. A certification mark filed by a foreign legal person must be accompanied by the
proof of the registration or application for registration of the mark in the country of
origin.
f. Power of Attorney, if the application is filed by the local trademark agent.
Article 9: Fees
The applicant for registration of a certification mark shall pay the fees as prescribed in the
joint Ministerial Regulation of the Ministry of Economic and Finance and the Ministry of
Commerce. In case this joint Ministerial Regulation has not been issues, the joint Ministerial
Regulation of the Ministry of Economic and Finance and the Ministry of Commerce in regard
to trademark or service mark application shall be applied.
Article 10: Examination of application
1. Upon the applicant’s filing of the application and payment of the application fee, the
Registrar of the Department of Intellectual Property shall examine
a) whether or not the mark qualifies to be protected as certification mark under article 4
and 7 of this Ministerial Regulation,
ii) whether or not the application complies with the requirements of Article 8 of this
Ministerial Regulation and relevant provisions, and
iii)whether or not the mark is unregistrable under Article 4 of the Law Concerning Marks,
Trade Names and Acts of Unfair Competition and Article 10 of the Law on
Geographical Indication.
2. In the event that a geographical term is used either alone or as a portion of the mark to
certify that the goods and/or services originate in the geographical region identified by the
term, the Registrar should not refuse registration of the certification mark on the ground that
the mark is primarily geographically descriptive, in accordance with Article 4(a) of the Law
Concerning Marks, Trade Names and Acts of Unfair Competition. However, if a geographical
term, used either alone or as a portion of the mark, is not used with the aim of certifying the
geographical origin, the competent authority may refuse registration of the mark under
Article 4 of the Law Concerning Marks, Trade Names and Acts of Unfair Competition.
3. Where the application does not meets the requirements provided by Article 8 of this
Ministerial Regulation, the applicant may revise the application within 6 months from the
Unofficial Translation
4
issued date of written notification of the competent authority. In case there is no revision
within this limited period, the application will be rejected.
4. In the course of substantive examination of application, the competent authority may invite
the applicant or any interested person to provide additional explanations or evidence. The
competent authority may seek the advice of experts in the related fields or areas for taking
into consideration and arriving at a decision.
5. If necessary, the competent authority may enact additional rules for the substantive
examination of applications for registration and management of certification marks.
Article 11: Registration, Publication in the official Gazette
1. Where the application meets the requirements provided by Article 5 and 10 of this
Ministerial Regulation, the Ministry of Commerce shall register the mark and issue a
certificate of registration to the applicant.
2. In line with Article 10 of the Law Concerning Marks, Trade Names and Acts of Unfair
Competition, after the registration of the certification mark; the Ministry of Commerce shall
publish the mark together with its Regulations of Use in the Official Gazette of the Ministry
of Commerce.
3. All the corrections, revisions, assignments and other changes also will be published.
Article 12: Conferred rights
1. The registered owner of the certification mark shall have the exclusive right to authorize
the use of the mark by third parties that produce or market goods or provide services
possessing the standards set out by the Regulation of Use of the certification mark. Such
authorization may not be denied if any such third party is in a position to comply with all
requirements of the Regulation of Use.
2. The registered owner may withdraw authorization to use the certification mark and/or
apply other sanctions as provided by the Regulations of Use if an authorized user of the mark
fails to comply with all required standards provided by the Regulations.
3. To prevent or pursue an infringement, the registered owner can take the necessary legal
actions against infringing parties and can seek all relevant remedies, including damages and
injunctions, etc., as provided by articles 24 to 47 and 62 to 69 of the Law Concerning Marks,
Trade Names and Acts of Unfair Competition.
4. The exclusive right of the registered owner of the certification mark shall include the right
to prevent the use of a mark which is identical or similar to the registered certification mark
in connection with the goods and/or services which are identical with or similar to those for
which the certification mark is registered.
5. The exclusive right of the registered owner of the certification mark shall not the subject to
force third parties to certify their products without their consent.
Unofficial Translation
5
6. The rights acquired upon registration of the certification mark shall not be transferrable in
whole or in part, unless the legal person acquiring the right complies with the requirements
set out in article 7 and the transfer is approved by the Ministry of Commerce.
Article 13: Registration of Foreign Certification Marks
1. A foreign certification mark can be registered in the Kingdom of Cambodia, if the mark
meets the requirements and conditions for certification marks under this Ministerial
Regulation and it is registered in its country of origin.
2. Foreign certification marks which are not protected have ceased to be protected or fall in
disuse in their country of origin shall not be registered or shall be cancelled in the Kingdom
of Cambodia.
3. Foreign certification marks can be filed in the Kingdom of Cambodia only if it is made
through the agent as stated in Article 58 and 59 of the Law Concerning Marks, Trade Names
and Acts of Unfair Competition and relevant provisions.
Article 14: Opposition
In line with Article 10 of the Law Concerning Marks, Trade Names and Acts of Unfair
Competition, within ninety (90) days from the publication date of the registration, any
interested party may file an opposition to the registration of the certification mark on the
ground that one or more of the requirements provided by this Ministerial Regulation or by the
Law Concerning Marks, Trade Names and Acts of Unfair Competition are not fulfilled.
Article 15: Validity
1. The provisions for the validity and renewal of registration of a mark under the Law
Concerning Marks, Trade Names and Acts of Unfair Competition shall apply mutatis
mutandis to those of registration of certification mark.
2. If a certification mark ceases to be protected, it may not be the subject matter of an
application for registration under the Law Concerning Marks, Trade Names and Acts of
Unfair Competition, nor be used by anybody prior to the expiry of 10 years from the date of
termination of the protection, unless the competent authority approves the continuation of the
certification scheme by another legal person that proves to comply with the requirement of
article 8 of this Ministerial Regulation.
Article 16: Compliance Control
1. The registered owner of a certification mark shall establish verification mechanisms to
ensure compliance with the standards of certification provided by art 8(iii)(b), and shall
provide annual reports to the Department of Intellectual Property of the Ministry of
Commerce including the list of certified products and their producers, the measures taken for
certifying them, as required by the Department. Such documents shall be prepared in Khmer.
Any documents other than Khmer language shall be translated into Khmer with the
confirmation of the correct translation.
Unofficial Translation
6
2. In the event that the registered owner does not provide the annual report, or that any
instance of non-compliance with the standards of certification is found, the Ministry of
Commerce shall send a notice to the registered owner requesting that such default be
remedied within ninety days from the date of the notification.
Upon the request with clear state reason from the registered owner, Ministry of Commerce
may extend this period not exceeding 90 days. If still failing to comply with the requirement,
the certification mark shall be cancelled
Article 17: Amendment
1- After registration and only upon approval by the Ministry of Commerce, the registered
owner of a certification mark may amend the methods and/or procedures for
a) the certification of the characteristics, standards, or other features of the goods and/or
services,
b) exercising control over the use of the certification mark in commerce.
2- Upon the request of the registered owner of the certification mark, the Ministry of Commerce
shall approve the amendment if it does not significantly and substantially affect the original
objectives and standards of the certification mark.
3- In the event that such an amendment was requested especially in connection with the
elements related to the developments of technologies and sciences, it shall be presumed that
the amendment would not significantly and substantially affect the original objectives and
schemes of the certification mark.
Article 18: Invalidation and Cancellation of registration
1- The registered certification mark shall be invalidated if it is found that:
a) any requirement for certification mark under this Ministerial Regulation has not
been fulfilled; and
b) the registered owner of the certification mark was not legitimately entitled to apply
for registration of a certification mark under articles 4 and 7 of this Ministerial
Regulation.
2- The registered certification mark shall be canceled if:
a) the registered owner is no longer competent to certify the goods or services for which
the mark is registered;
b) the registered owner does not comply with the time limit as prescribed under Article
15 of this Ministerial Regulation;
c) the registered owner commences using the certification mark on its own goods and/or
services;
d) the certification mark is used in a manner that misleads the public;
e) the registered owner has failed to secure the observance of the Regulation of Use of
the certification mark;
f) an amendment of the above Regulation has rendered it contrary to public order or
accepted principles of morality; and
g) the foreign certification mark registered under Article 13 of this Ministerial
Regulation has ceased to be protected or has fallen in disuse in its country of origin.
Unofficial Translation
7
3- The effect of invalidation and cancellation of the certification mark shall be applied in
comply with the Article 30 of the Law on Geographical Indication.
Article 19: Appeal
1- Any interested party may appeal to the Appeal Board or to the competent courts against the
decision of the Ministry of Commerce within three months from the date of decision as stated
in Article 62 of the Law Concerning Marks, Trade Names, and Acts of Unfair Competition.
2- The decision of Appeal Board may be the subject of an appeal to the competent court
within three months from the date of its decision.
Article 20: Effective date of this Ministerial Regulation
Director of Cabinet, Director General, Inspector General, and all Directors of Departments
under the Ministry of Commerce shall effectively implement this Ministerial Regulation from
the date of signature.
Phnom Penh, 30 August 2016
Minister of Commerce
[Signature and Seal]
PAN Sorasak
CC :
- General Secretariat of Senate
- General Secretariat of Assembly
- General Secretariat of the Royal Government
- Office of the Council of Ministers
- Cabinet of Samdach Hun Sen Prime Minister of the
Kingdom of Cambodia
- Cabinet of Deputy Prime Minister Samdech Krala Hom
Sar Kheng
- Cabinet of Deputy Prime Minister Bin Chhin
- Ministry of Economy and Finance
- Relevant Ministries-Institutions
- Anti-Corruption Unit (ACU)
-CamControl
-General Department of Customs and Excise of Cambodia
- Municipality and all Provinces
- Document – Archive.