On September 1, 2024 the General Department of Customs and Excise (GDCE) of Cambodia launched a new online system for recording IP rights so as to facilitate interception at border controls. The Intellectual Property Rights Recordation System allows rights holders to pro-actively record information and documentation concerning their IP rights with the customs authorities. This should enable more effective and efficient ex-officio actions against suspected infringing goods.
The system was publicly introduced at a workshop held on September 14, 2024 at the National Customs School. While the system is a pilot stage, it is at present fully functional.
The system is available through the GDCE’s website - https://trader.customs.gov.kh/ - which requires an authorized user account. There is at present no official fee for the use of the recordation system.
Types of Recordation
The IPRRS provides two types of recordation:
Intellectual Property Rights
Trademarks, Geographical Indications and Copyrights may be recorded with the system. It remains to be seen whether patents, utility models and industrial designs will one day be incorporated.
The information required is as follows:
Applicant identity and contact information: either from the IP owner itself or a legal representative
IP owner information: including company name, date of registration, registration number and authority, and contact information
IPR Information: Type of IPR, Nice classification (for trademarks), specific products, registration number and date.
Description of the genuine product, and optionally of the fake product.
The required documentation for recording an IPR is as follows:
Company registration certificate
Applicant’s ID card or passport
Photo or video evidence indicating the special characteristics differentiating the genuine from infringing products
Notarized Power of Attorney appointing the legal representative in Cambodia
Copies of Trademark/GI/Copyright Registration certificate(s)
List of export companies or factories that officially export the products (optional)
List of import companies or factories that officially import the products (optional)
Exclusive Distributorship
The recordation of an exclusive distributorship is designed to streamline the process following the issuance of exclusive rights recordation by the Ministry of Commerce (MOC). Currently, upon receiving a notice of exclusive distributorship from the MOC, the GDCE manually enters the information into their system to identify or prevent potential parallel imports. This manual process can result in delays for customs authorities in accessing the necessary information. The IPRR should give quicker access to these documents and facilitating timely action by the officers.
The information required is as follows:
Applicant identity and contact information: either from the IP owner itself or a legal representative
Distributorship owner information: including company name, date of registration, registration number and authority, and contact information, number and date of the exclusive distributorship notice from the MOC
Product information
Date of validity of the exclusive rights
Description of the genuine product, and optionally of the fake product.
The required documentation for recording an IPR is as follows:
Company registration certificate and patent tax/VAT certificate
Applicant’s ID card or passport
Trademark registration certificate
Import and distribution rights letter issued by MOC
Assignment of exclusive rights from the original company
Term of Validity and Renewal
The recordation under the IPRRS is valid for the term of the IP right. Upon renewal of a trademark registration or exclusive rights distributorship, a new recordation under the IPRRS is necessary.
An official certificate or confirmation of recordation under the IPRRS is not provided. Instead, the status of the request in the online system will be indicated as accepted. The expected processing time is two business days.
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