KINGDOM OF CAMBODIA
NATION RELIGION KING
Ministry of Commerce
No.125 MOC/ KSB.BK
PRAKAS
On
The Procedures for Online Mark Filing
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
Nomination of the Royal Government of Cambodia
- Having seen the Royal Decree No. Ns/RKT/0416/368 dated April 04, 1996 on the revision and
addition of the composition of the Royal Government of Kingdom 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 Royal Kram No. NS/RKM/0114/006 dated January 20, 2014
Promulgating the Law on Geographical Indication
- Having seen the Sub Decree No. 131 ANK.BK dated March 19, 2014 on the
Organization and Functioning of the Ministry of Commerce
- Having seen the Sub Decree No. 64 ANK.BK dated July 12, 2006 on the Implementation of the
Law on Mark, Trade Name and Acts of Un‐Fair Competition
- Having seen Prakas No. 206 MOC.KSB.BR dated July 24, 2014 Of Ministry of Commerce on
the Organization and Functioning of the Intellectual Properties Department
- Having seen Prakas No. 293 MOC.KSB.BK dated August 30, 2016 of Ministry of Commerce
on the Procedures for Registration and Protection of Certification Mark
- Having seen Prakas No. 368 MOC.KSB.BR dated November 01, 2016 of Ministry of
Commerce on the Procedures for International Marks Registration
- Having seen Prakas No. 422 MOC.KSB.BR dated December 29, 2016 of Ministry of
Commerce on the Procedures for Registration and Protection of Geographical Indication
- In Pursuant to actual needs of Ministry of Commerce
DECIDES
Article 1: Purpose
The purpose of this Prakas is to define the procedures for online filing application and other
relevant tasks in Kingdom of Cambodia by www.efiling.cambodiaip.gov.kh.
Article 2: Objective
The objective of this Prakas is defined as below:
-Strengthening and increasing the efficiency of online filing application and other relevant
tasks.
-Supporting the better service for filing application.
-Facilitating the data management relating to Marks.
-Managing the given letters and other relevant document
-Managing the various fees collection relating to the protection of marks to be more
effective.
Article 3: Scope
The scope of this Prakas is to implement the online filing application and other relevant tasks in
the Kingdom of Cambodia.
Article 4: Definitions
For the objective of this Prakas:
“Mark” refer to mark, Collective Marks, Tradename, Certification Mark and GIs.
“Online” refer to the system which is built for online filing application and other relevant tasks.
“Applicant” refer to the applicant who files the application and other relevant tasks online.
Article 5: Provisions applicable
The relevant provisions of the Law on Mark, Trade Name and Acts of Un-Fair Competition, GI Law
and various provisions for implementation shall be used for online filing application and other relevant
tasks.
Article 6: Competent Authority
Department of Intellectual Property of Ministry of Commerce is responsible for managing the
online filing system, other relevant applications and providing the user name and password for the
use of online mark filing system.
Article 7: Applicant
The applicant who has permanent domicile or business address located in the Kingdom of
Cambodia shall be able to use online filing system.
The applicant who doesn’t have permanent domicile and business address located in the Kingdom
of Cambodia shall need a representative who domiciles and works in the Kingdom of Cambodia in
order to use online filing system.
The applicant or representative who files online, shall attach the required documents as stipulated
in law and other related provisions in digital form.
The applicant or representative shall insure all the required digital documents provided to DIP of
MOC are the true copies.
Those who provides the fake information to be used in online filing application and other relevant
tasks shall be condemned by article 63 of Law on Mark, Trade Name and Acts of Un‐Fair
Competition and other related laws.
Article 8: Application
To file application and other relevant tasks online, applicant is required for user name and
password provided by DIP of MOC.
After filing application and other relevant tasks online, applicant is required to provide the original
document or the certified one form to DIP of MOC following the due date as stated in the law and
other related provisions.
Article 9: Fee
The applicant who files the application and other relevant tasks online shall pay the fees through
E-Banking in accordance with joint Brakas No. 1643 SHV.BK dated December 16, 2014 between
MEF and MOC, and other effected legislations or legislations which will be amended.
Article 10: The effective of implementation
Director of Cabinet, Director General, Inspector General, Director of DIP and all Directors of
Departments under the Ministry of Commerce shall effectively implement this Ministerial
Regulation from the date of signature.
Phnom Penh, 04 May, 2017
Minister of Commerce
PAN Sorasak
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