On May 31, 2016, a new Prakas (declaration) on the Procedures to Record and File Permission Letters for Imported Goods Bearing Exclusive Trademarks was enacted by the Ministry of Commerce. The declaration sets forth procedures and documentations for recording permission letters of exclusive distributors and recognizing an exclusive right in the use of mark. The declaration applies to only genuine and new products which have not been sold first in Cambodia. Pharmaceutical products and secondhand goods are excluded from this declaration.
In order to register, a distributor must be incorporated in Cambodia and have the agreement of the registered trademark owner. The agreement must be signed by both parties and certified by a notary public or competent authority. Requests must be made to the Department of Intellectual Property of the Ministry of Commerce, and accompanied by payment of the official fee prescribed in the Joint Prakas (declaration) on Public Service Fee of the Ministry of Commerce and the Ministry of Economy and Finance dated December 16, 2014.
Irrespective of the terms of the distribution license, the registration with the Ministry of Commerce is valid for only two years, but can be renewed for subsequent two-year terms indefinitely. However, registrations of exclusive distributorships under prior practice are no longer valid after June 30, 2016, and must be re-registered under the new declarations. The renewal application must be made to the Department of Intellectual Property within three months preceding the expiry of the registration.
For more about the Cambodian trademark system, please refer to our Guide to Trademark Law in Cambodia.