المرسوم الفرعي بشأن تنفيذ قانون العلامات و الأسماء التجارية وممارسات المنافسة غير المشروعة لمملكة كمبوديا، كمبوديا

[Unofficial Translation]

KINGDOM OF CAMBODIA

Nation Religion King

~~~~

Royal Government of Cambodia

Sub-Decree No. 64 dated July 12, 2006

SUB-DECREE

ON THE IMPLEMENTATION OF THE LAW CONCERNING MARKS, TRADE

NAMES AND ACTS OF UNFAIR COMPETITION

OF THE KINGDOM OF CAMBODIA

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The Royal Government of Cambodia

- Has seen the Constitution of the Kingdom of Cambodia;

- Has seen the Royal Decree No. 02/NS/94 dated July 20, 1994 on the promulgation of Law on

the Organization and Function of the Council of Ministers;

- Has seen the Royal Decree No. NS/RKM/0196/16/94 dated January 24, 1996 on the

Establishment of the Ministry of Commerce;

- Has seen the Royal Decree No. NS/RKM/0600/001 dated June 21, 2000 on the promulgation of

the Law on the Management of Quality and Safety of Products and Services;

- Has seen the Royal Decree No. NS/RKM/0202/006 dated February 07, 2002 on the

promulgation of the Law on Marks, Trade Names and Acts of Unfair Competition;

- Has seen the Royal Decree No. NS/RKT/0704/124 dated July 15, 2004 on the

Appointment of the Royal Government of Cambodia;

- Has seen the Sub-Decree No. 54 dated September 22, 1997 on the Organization and Function

of the Ministry of Commerce;

- Pursuant to the approval of the Council of Ministers during its plenary cession dated 7 July,2006

IT IS HEREBY DECIDED

CHAPTER I

GENERAL PROVISIONS

Article 1 - Objective

The objective of this Sub-Decree is to determine legal procedures of registration, refusal,

agent, claiming priority, invalidation, and border measures in order to implement the Law on

Marks, Trade Names and Acts of Unfair Competition of The Kingdom of Cambodia.

Article 2 - Definition

The terminologies contained in this Sub-Decree have been interpreted as in the attached

Annex.

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CHAPTER II

GENERAL REQUIREMENTS FOR MARK REGISTRATION

Article 3 - Forms

Copies of the printed forms shall be furnished free of charge by the Registrar.

The forms referred to in this Sub-Decree are those set out in the Prakas (Declaration) of the

Ministry of Commerce.

Article 4 - Language of Documents and Translation

Applications shall be in the Khmer or English language, and any document forming part of

an application or submitted to the Registrar pursuant to the Law or this Sub-Decree and which is

in a language other than Khmer or English shall be accompanied by a Khmer or English

translation.

Article 5 - Indication of Name, Address, Nationality, and Residence

1- Names of natural persons shall be indicated by the person’s family name and

given name(s). The name of legal entity shall be indicated by its full official

designations.

2- Addresses shall be indicated in such a way as to satisfy the customary

requirements for prompt postal delivery at the indicated address and, in any

case, shall consist of all the relevant administrative units, including the house

number, if any; addresses shall also indicate telephone and telefacsimile

numbers.

3- Nationality shall be indicated by the name of the State of which a person is a

national; legal entities shall indicate the name of the State under whose laws

they are constituted and their Registered Office.

4- Residence shall be indicated by the name of the State of which a person is a

resident.

Article 6 - Signatures under the Name of Partnerships, Companies and Associations

1- The document purporting to be signed for or on behalf of a partnership shall

contain the names of all the partners in full and shall be signed by all the

partners or by any partner qualified to sign, with the confirmation that he/she

signs on behalf of the partnership, or by any third person who satisfies the

Registrar that he/she is authorized to sign the document. The document

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purporting to be signed for or on behalf of a body corporate shall be signed by

a director or by the secretary or by other principal officer of that body

corporate or by any other person who satisfies the Registrar that he/she is

authorized to sign that document and shall bear the seal of that body corporate.

A document purporting to be signed for or on behalf of an association of

persons may be signed by any person who satisfies the Registrar that he/she is

duly authorized to sign and shall bear the seal of that association.

2- The Registrar may, whenever it deems necessary, request the evidence of

authorization to sign the document.

Article 7 - Representation by Agent

The Power of Attorney appointing an agent to file the application may be attached

together with the application or submitted to the Registrar within two months from its filing date.

If the appointment is not thus made and is not made in accordance with Articles 58 and 59 of the

Law, and Article 28 of this Sub-Decree, any procedural steps for the registration process will not

be taken.

Article 8 - Fees

The fees to be paid in respect of matters arising under the Law or this Sub- Decree shall be

those specified by the Joint Prakas (Joint Declaration) of the Ministry of Economy and Finance

and the Ministry of Commerce.

CHAPTER III

PROCEDURES FOR REGISTRATION

REFUSAL AND INVALIDATION OF MARK

SECTION I: Application, Procedures for Registration and Publication

Article 9 - Classification of Marks

The Registrar shall apply the "International Classification of Goods and Services for the

Purposes of the Registration of Marks" adopted by the Nice Agreement of June 15, 1957, as

updated subsequently, for all purposes relating to the registration and publication of marks.

Article 10 - Application for Registration of a Mark

The application for the registration of a mark shall be made on the Form prescribed in the

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Prakas (Declaration) of the Ministry of Commerce and shall be signed by the applicant or his/her

legitimate representative. An application may be made for the registration of a mark in respect of

goods or services in one or more classes of the International Classification.

The use of a mark is not required when filing an application.

Article 11 - Submission of Reproduction of Mark

1- The application must contain a clear durable graphic reproduction of the mark,

which shall not be more than eight by eight centimeter attached in the space

provided for on the Form. In all cases, reproduction of mark shall describe all

detailed particulars for which those particulars will be required whenever

deems necessary by the Registrar. Such particulars, if required, shall be signed

by the applicant or his/her authorized agent.

2- With all applications for the registration of a mark, 15 additional reproductions

of the mark shall be submitted. The reproduction of the mark on the

application and the additional reproductions shall be identical.

3- If the Registrar considers any reproduction of a mark unsuitable he/she may, at

any time, require for a suitable reproduction to be substituted.

4- Where a drawing or other reproduction cannot be provided in the aforesaid

manner, a specimen or copy of the mark may be sent either of full size or on a

reduced scale and in such a form as the Registrar may consider appropriate.

Article 12 - Transliteration and Translation of the Mark

Upon the Registrar's requirement, where a mark consists of a word or words in characters

other than Khmer or Roman, filling in application form, and the additional reproductions of the

mark shall be accompanied by a sufficient word by word written scripts, transliteration and

translation of such words, stating the language to which each word belongs.

Article 13 - Declaration of Priority and Translation of Earlier Application

1- As referred to in Article 6, the application may contain a declaration claiming

the priority, as provided for in the Paris Convention, of an earlier national or

regional application filed by the applicant or his/her predecessor in title, in any

State party to the said Convention. In this case, the Registrar may require the

applicant to furnish, within the period prescribed in paragraph (3), a copy of

the earlier application, certified as correct by the Office of which this

application was filed. The applicant or his/her predecessor in title may also

claim the priority of an earlier application filed in any country or state member

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of the World Trade Organization.

2- The Declaration made in referring to Article 6 of the Law and paragraph (1) of

Article 13 of this Sub-Decree shall indicate:

(i). The date of the earlier application;

(ii). The number of the earlier application, subject to paragraph (3) below;

(iii).The State in which the earlier application was filed or, where the

earlier application is a regional or an international application, the

Office(s) and the country or countries for which this application was

filed.

3- Where at the time of filing the declaration referred to in the above paragraphs

(1) and (2), the number of any earlier application is yet to be known by the

applicant, that number shall be furnished within three (03) months from the

date of which the application containing the declaration was filed. The

Registrar may extend the time limit referred to in this paragraph for an

additional period of three (03) months, if the applicant supplies evidence that,

due to circumstances beyond his/her control, he/she was not able to comply

with the above prescribed time limit.

4- Where the priorities of two or more earlier applications are claimed, in

accordance with paragraph (1), the indication relating to those earlier

applications may be included in a single declaration.

5- If the Registrar finds that the requirements under Article 6 and paragraphs (1),

(2) and (3) above, have not been fulfilled, the said declaration shall be

considered not to have been made.

6- The applicant may, at any time before the registration of the mark, amend the

contents of the declaration referred to in the preceding paragraphs.

Article 14 - Copy of Earlier Application

The period of three (03) months, starting from the date of request by the Registrar, shall be

granted to the applicant to submit the certified copy of the earlier application.

Article 15 - Withdrawal of Application

Withdrawal of the application shall be made by written declaration signed by the applicant

or his/her legitimate representing agent and submitted to the Registrar.

The application fee shall not be refunded if the application is withdrawn.

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Article 16 - Marking Applications and Filing Date

1- The Registrar shall mark, on each document of the application, the actual date

of receipt and the serial application number consisting of the letters KH, slant,

and at least five-digit number allotted in the sequential number together with

the last two numbers of the year in which the application are received. Where

any corrections or other later filed documents are received on different dates,

the Registrar shall mark the actual dates of receiving these documents.

2- The application number allotted under paragraph (1) above shall be used in all

subsequent communications concerning the application.

3- The Registrar shall grant the filing date of the application while the following

elements are sufficiently and properly received:

(i). Name of the applicant;

(ii). Address for communication;

(iii). Reproduction of the mark;

(iv). Specification of goods or services in each class;

(v). Required filing fee for each class of goods or services.

4- The Registrar shall, in writing, acknowledge receipt of the filing instruction

made by the applicant by indicating the application number and the filing date.

Article 17 - Objection to or Conditional Acceptance of Application and Hearing

1- If, upon examination in accordance with Article 8 (a) of the Law, the Registrar

decides to make objection to the application for registration of a mark, he/she

shall notify the applicant in writing of this objections with all detailed

information relevant to this decision and invite the applicant to amend the

application, then to submit the response in writing back to the Registrar or to

apply for a hearing within forty five (45) days starting from the date of

receiving the notification. If the applicant does not comply with the

notification, he/she shall be deemed to have withdrawn his/her application.

2- If, upon examination in accordance with Article 8 (b) of the Law, the Registrar

decides to accept the application subject to amendments, modifications,

conditions, disclaimers (on any element(s) of the mark) or limitations or other

conditions, he/she shall communicate this decision to the applicant in writing.

If the applicant objects to the amendments, modifications, disclaimers or

limitations or other conditions, he/she shall, within sixty (60) days starting

from the date of receiving the notification of the Registrar, apply for a hearing

or submit his/her observations in writing. If the applicant does not object to

such amendments, modifications, disclaimers or limitations or other conditions,

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he/she shall notify the Registrar in writing and amend his/her application

accordingly. If the applicant does not response in one way or the others as

mentioned above, he/she shall be deemed to have abandoned his/her

application.

3- The request for a hearing shall be made in writing to the Registrar. Upon

receiving this request, the Registrar shall notify the applicant, in writing, at

least one month before the date on which the applicant will be invited to be

heard.

Article 18 - Refusal of Application or Conditional Acceptance of the Registrar to which

Applicant Objects

1- If, after hearing or after consideration on the applicant’s amendments or

observations in writing, the Registrar still refuses the application or accepts it

subject to any amendments, modifications, disclaimers or limitations or other

conditions to which the applicant objects to this refusal or conditional

acceptance, he/she shall communicate his/her refusal decision to the applicant

in writing. The applicant may, within one month from the date of such

communication, request the Registrar to confirm in writing the grounds of

his/her decision and the referred materials used by the Registrar in making this

decision.

2- The applicant is entitled to appeal against the Registrar’s decision to refuse the

application to the Appeal Board of the Ministry of Commerce or to the

competent court within three (03) months counting from the Decision date.

3- Pursuant to Article 62 of the Law, interested party is entitled to appeal against

the Appeal Board’s decision to the competent court within three (03) months

counting from the Decision date.

Article 19 - Acceptance of Application, Registration of Mark, Publication and the

Issuance of Certificate

1- If the Registrar accepts the application unconditionally or accepts it subject to

any conditions or limitations to which the applicant does not object, the

Registrar shall register the mark and issue to the applicant a certificate of

registration, and publish this registration.

2- The Registrar shall allot to each mark, on the certificate of registration, a

number in the sequential order of registration.

3- The registration of a mark shall include:

(i). Representation of the mark;

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(ii). Application number and registration number;

(iii). Name and address of the registered owner;

(iv). Name and address of the agent (if any);

(v). Filing date and date of registration;

(vi). If priority has been claimed and the claim has been accepted, the state

or country and application number in which the earlier application was

filed;

(vii). List of goods or services in respect of which the registration of the mark

had been made with an indication of the corresponding class of those

goods or services in accordance with the International Classification.

4- The publication of the registration of a mark under paragraph (1) above shall

contain the following particulars:

(i). Filing date and priority date (if applicable);

(ii). Representation of the registered mark;

(iii). Application number and registration number;

(iv). Class and/or Goods or services in respect of registered mark with the

indication of the corresponding class of the International Classification;

(v). Name and address of the registered mark owner;

(vi). Name and address of the representing agent (if any).

Article 20 - Opposition

1- Within ninety (90) days starting from the date of publication as stipulated in

Article 19 of this Sub-Decree, the notice of opposition of any person relevant

to the registration of a mark under Article 10 (c) of the Law shall be made in

the Form prescribed by the Ministry of Commerce and accompanied by

supporting evidence.

2- Pursuant to Article 10 (e) of the Law, within ninety (90) days starting from the

date of notification of opposition, the applicant shall provide counter-

statement, in writing, stating the grounds upon which the applicant relies for

his/her application and accompanied by supporting evidence.

Article 21 - Affidavit of Use or Non-Use of Mark and Proof

1- In order to maintain or renew a registration, the registered owner of a mark

shall be required to file Affidavit of Use or Non-Use of mark within one (01)

year following the fifth anniversary of the date of registration of the mark.

2- When a mark has been renewed, the registered owner of the mark shall be

required to file Affidavit of Use/Non-Use within one year following the fifth

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anniversary of the date of renewal.

3- The Affidavit of Use or Non-Use shall be made in the Form prescribed by

Prakas (Declaration) of the Ministry of Commerce and the fee for endorsement

of Affidavit of Use or Non-Use shall be paid in accordance with the Joint-

Prakas (Joint Declaration) of the Ministry of Economy and Finance and the

Ministry of Commerce.

4- The registered mark will be removed from the Register, if the owner of the

mark or his/her legal agent fails to file the Affidavit of Use or Non-Use of that

mark as prescribed in paragraph (1) above.

Article 22 - Renewal of Registration

1- The application for renewal of the registration of a mark under Article 12(b) of

the Law may be made within six (06) months preceding the expiry of the

registration and this application shall be signed by the registered mark owner or

his/her representing agent.

2- The renewal can be done subject to the payment of renewal fee which shall be

made within the period specified in paragraph (1) above or within the grace

period allowed under Article 12(d) of the Law.

3- The renewal of the registration of a mark shall be recorded in the Register and

shall be published in the Official Gazette.

4- The Registrar shall issue to the registered owner a certificate of renewal which

shall contain the following information:

(i). Original registration number of the mark;

(ii). Representation of mark;

(iii). Date of renewal and Date of expiry;

(iv). Name and address of the registered owner;

(v). Name and address of the representing agent (if any);

(vi).List of goods or services in respect of the registered mark with an

indication of the corresponding class of goods and services in accordance

with the International Classification.

SECTION II: Collective Marks and Invalidation of Registration

Article 23 - Collective Mark

Articles 9 to 22 of this Sub-Decree shall apply, mutatis mutandis, to collective mark

subject to the following conditions:

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1- The acceptance of an application for registration of a collective mark shall be

made, unless in the application for registration, the mark has been designated

as a collective mark, and unless the application is accompanied by a copy of

the regulation governing the use of the mark, duly certified by the applicant.

The certification made by the applicant shall not require any legalization;

2- The regulation governing the use of the collective mark shall define the

common characteristics or quality of goods or services which the

collective mark shall be designated and the conditions under which the persons

using that collective mark shall follow. The regulation shall provide for the

exercise of effective control on the use of collective mark in compliance with

the provisions of that regulation and shall determine adequate sanctions for any

use contrary to the said regulation;

3- A copy of the regulation governing the use of collective mark shall be

appended to the registration of a collective mark;

4- Publication of the registration of a collective mark, in accordance with Article

19 (1) of this Sub-Decree, shall include a summary of the regulation appended

to the registration;

5- Every notification of changes effected in the regulation governing the use of

the mark shall be made in writing;

6- All notifications of such changes shall be recorded in the Register. Changes in

the regulations governing the use of collective mark shall have no effect until

such recording has been made. A summary record of changes shall be publicly

published;

7- For the purposes of use of the collective mark in connection with Articles 15

and 16 of the law, the registered owner of a collective mark may use the mark

himself/herself providing that it is also used by other authorized persons in

accordance with the regulation governing such use. Use by such persons shall

be deemed as using by the registered owner.

Article 24 - Invalidation and Removal on the Ground of Non-Use

1- Pursuant to Articles 10(c), 13 and 15 of the Law, interested party is entitled to

request for invalidation of the registration of a mark even the ninety (90) days

grace period has been lapsed and even after the publication in the Official

Gazette.

2- Pursuant to Article 13(b) of the Law, the Registrar has rights to remove a mark

from the Register when the registered owner fails to fulfill any conditions of

Article 2(a) and Article 4 of the Law.

3- Pursuant to Articles 14(e), 22, 23 and 28 of the Law, a mark shall be removed

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from the Register when the registered mark owner or person receiving the right

has used that mark differently from the original form which has been registered

and infringed the rights of other person’s registered mark.

4- Pursuant to Articles 4(e), 14(e), 22,23 and 28 of the Law, a mark shall be

removed from the Register when the registered mark owner or person receiving

the rights has added sign(s)/label identical with or similar to well-known

signs/label previously used by someone else and caused confusion to the

public.

5- The removal of a mark from the Register has to be published in the Official

Gazette.

6- Following the request of the mark owner or his/her legal agent within the

period not more than sixty (60) days starting from the date of decision for

removal, the removed mark can be re-registered when the ground for removal

only based on failure to submit an affidavit of use or non-use.

7- After having the Registrar’s decision on the invalidation of a registration or

maintaining a registration or decision to amend the registered mark, if any

party does not satisfy with those decisions, that party may appeal to the Appeal

Board of the Ministry of Commerce or competent court within three (03)

months starting from the date of the decision.

8- Pursuant to Article 62 of the Law, Interested party is entitled to appeal the

decision of the Appeal Board to competent court within three (03) months

starting from the date of the decision.

9- Composition, jurisdiction of the Appeal Board and the procedures for dispute

settlement will be determined by the Prakas (Declaration) of the Ministry of

Commerce.

10- Pursuant to Article 62 of the Law, when there are appeals to the competent

court, the Registrar shall abide by the decision of the court to cancel or confirm

the registrations, or amend the registered mark.

SECTION III: Administrative Procedure for Facilitating Registration, Litigation, and

Assignment

Article 25 - Address for Service

The applicant has to provide to the Registrar, the address for service (communication)

in Cambodia for the purpose of application for the registration of a mark.

Any person concerned in any proceedings related to marks shall provide address for

service (communication) in Cambodia to the Registrar.

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Article 26 - Change of Name, Address or Address for Service

1- The request for the change of name, nationality, address or address for service

(communication) on the application for registration of a mark or on the record

of a registered mark shall be made in writing and shall be accompanied by the

fee prescribed in the Joint Prakas of the Ministry of Economy and Finance and

the Ministry of Commerce.

2- Before acting on a request to change name, nationality, address or address for

service, the Registrar shall require the proof which has led to this change.

3- If the request for the change of name, nationality, address or address for service

should be allowed, the Registrar shall amend the said application or records in

the original certificate of a mark or record in the Register accordingly.

Article 27 - Changes of Ownership and Licensing Contracts

1- The request for a change of ownership, allowed under Article 48 of the Law

shall be made, to the Registrar, in the Form prescribed in the Prakas of the

Ministry of Commerce, and shall be subject to payment of the fee prescribed in

the Joint Prakas of the Ministry of Economy and Finance and the Ministry of

Commerce.

2- The publication of the change of ownership shall specify the following

information:

(i). Mark concerned with this change of ownership;

(ii).Application number and registration number;

(iii).Filing date, priority date (if any) and date of registration;

(iv). Name, address of the original owner of the mark, and name and address

of the new owner;

(v). Date of the changing of ownership.

3- A licensing contract submitted for recordal under Article 52 of the law shall be

accompanied by a copy of Registration Certificate, and Power of Attorney and

an original copy of Licensing Contract or its certified copy.

Article 28 - Appointment of Representing Agent and its Address for Service

The appointment of a legitimate agent shall be made by a Power of Attorney signed by the

applicant and shall be duly notarized or authenticated or, if there is more than one, by each

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applicant. The address of the representing agent shall be treated as the address for service to

which communications to the person or persons who appointed that agent shall be transmitted.

Article 29 - Excluded Days

When the last day for performing any acts or taking any proceeding falls on a holiday, the

next day shall be considered lawful to perform the acts or to take the proceeding.

Article 30 - Consultation of Register and the Request for Extracting Information from the

Register

Consultation of the Register shall be permitted. Based on the written request of any

interested party, the Registrar shall make copy of the requested documents from Register and

certify it.

Article 31 - Corrections of Errors

Corrections of errors under Article 56 of the Law may be made by the Registrar upon

receipt of a request in writing and subjected to the requirements to which this request has

fulfilled and as the Registrar may consider appropriate, or on the Registrar own initiative. Every

corrections made shall be communicated in writing to all interested persons and shall be

published by the Registrar, if it is deemed necessary.

Article 32 - Hearing

1- The Registrar shall arrange the hearing, if any interested party or both parties

of the dispute request in writing to have the hearing, before making any

decision. This request for hearing shall be made before or after one month of

the date of submitting complaint or submitting their supporting documents to

the Registrar. In case there is no request for hearing having been made within

the above period, based on the discretionary power given to the Registrar by

the Law or by this Sub-Decree, the Registrar may make his/her own decision

without hearing or invite parties of dispute for the hearing if it is deemed

necessary.

2- Upon receiving the request for hearing, the Registrar shall notify in writing

about the date of hearing, at least seven (07) working days before, to the party

who has requested for hearing and other interested parties.

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Article 33 - Communication through Postal Services

1- Any notice, application or other document sent to the Registrar by mail shall be

deemed to have been provided or filed at the date when those documents have

been received by the Office of Registrar. Upon receiving those documents, the

Registrar shall immediately record this arrival by giving number and recording

the date of receipt to be used as a proof of receiving these documents.

2- Paragraph (1) above does not apply to the accordance of the filing date, if it is

contrary to Article 16 of this Sub-Decree.

Article 34 - Evidence

1- All evidences shall be submitted by statutory declaration or affidavit.

2- If the Registrar thinks appropriate for any particular case, he/she may take oral

evidence in lieu of or in addition to the other evidences and shall allow any

witness to be cross-examined on his/her own affidavit or declaration.

Article 35 - Statutory Declaration and Affidavit

Statutory declarations or affidavits shall be made before a Consul or Notary Public or

certified legal practitioner.

Article 36 - Competent Authorities

The competent authorities referred to in Articles 35, 37, 38, 42 and 46 of the Law are

Customs and Excise Department of the Ministry of Economy and Finance, Import-Export

Inspection and Fraud Suppression Department (called CAMCONTROL) of the Ministry of

Commerce, and competent Police of the Ministry of Interior.

Article 37 - Publication and Official Gazette

Particulars of marks and other proceedings, and other information required to be published

under the Law or this Sub-Decree shall be published, in accordance with the directions of the

Registrar, in the Official Gazette.

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CHAPTER IV

BORDER MEASURES

Article 38 - Petition

1- Pursuant to Articles 35 and 36 of the Law and the provisions of the Law on the

Governing of Quality and Safety of Goods and Services, the registered mark

owner or licensee or his/her legal agents are entitled to file their petitions to the

Customs and Excise Department or CAMCONTROL Department to suspend

clearance for inspection of the alleged counterfeited goods.

2- Within not more than thirty (30) days after this Sub-Decree enters into force,

the Ministry of Economy and Finance and Ministry of Commerce shall issue a

Joint-Prakas (Joint Declaration) on the promulgation of the petition forms and

other requirements in accordance with the enforced laws.

3- The petition will be valid for sixty (60) days starting from the date of

acknowledgement. Before or after the expiry date, the applicant has to re-file

his/her petition, if the request for the suspension and inspection is still needed.

Article 39 - Administrative Fees

Any petition shall be accompanied by the payment of administrative fees as prescribed by

the Joint-Prakas (Joint Declaration) of the Ministry of Economy and Finance and Ministry of

Commerce.

Article 40 - Obligations of Applicant

Beside the obligations referred in Articles 35, 36 and 38 of the Law, applicant is obliged to

take responsibility for the means of transportation, warehouse to store the suspended goods.

Warehouse should be located in the port premise or in the vicinity of export-import place

determined and governed by the competent authority in accordance with enforced laws and

regulations. The expenses for destroying infringed goods shall be the obligation of the plaintiff.

Article 41 - Refusal to Suspend the Goods

Customs and Excise Department and/or CAMCONTROL Department is entitled to refuse

the suspension of the goods for inspection, only if the applicant fails to fulfill any requirement

made by Customs and Excises Department and/or CAMCONTROL Department, in accordance

with provisions of the Law and this Sub-Decree.

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Article 42 - Proceedings and Timeframe

Formality and timeframe of any proceedings taken by Customs and Excise Department

and/or CAMCONTROL Department shall be made in accordance with Chapter 10 of the Law

and provisions of this Sub-Decree.

CHAPTER V

FINAL PROVISIONS

Article 43 -

Any provision which is contrary to this Sub-Decree shall be abrogated.

Article 44 -

The Minister in charge of the Office of the Council of Ministers, Minister of Commerce,

Minister of Economy and Finance, Ministers, Secretaries of State of Government, Institutions

concerned shall effectively implement this Sub-Decree from the date of its signature.

Done in Phnom Penh, July 12, 2006

Prime Minister

[Signed and Stamped]

Hun Sen

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Annex of Sub-Decree No. 64 Dated July 12, 2006

on

The Implementation of the Law Concerning Mark, Trade Names and Acts of Unfair

Competition of the Kingdom of Cambodia

The terminologies contained in this Sub-Decree have been interpreted as the followings:

(i) “Law” means the Law concerning Marks, Trade Names and Acts of

Unfair Competition promulgated by the Royal Decree No.

NS/RKM/0202/06 dated February 07, 2002.

(ii) "Refusal" is referred to the Registrar's refusal to register the mark

applied by the applicant

(iii) "Opposition" is referred to the opposition to the Registrar's decision,

within ninety (90) days after the registration of a mark has been

published in the Official Gazette.

(iv) "Appeal" is referred to the appeal against the final decision of the

Registrar or the final decision of the Appeal Board.

(v) "Invalidation or Cancellation" is referred to the decision to cancel any

registered mark by the Registrar.

(vi) "Affidavit of Use or Non-Use" is referred to the declaration made by

the owner of registered mark or his/her representative on the use or

non-use of his/her registered mark.

(vii) "Affidavit" is referred to the letter of confirmation to be attached with

the application to request the Registrar to take any actions such as the

cancellation of mark, maintaining registration or taking any measures

against infringement of registered mark rights.

(viii) "Rejection" is referred to the preliminary disagreement of the Registrar

on the application or the registration of a mark.

(ix) "Registrar" is the Director of Intellectual Property Department,

Ministry of Commerce.

(x) "Hearing" is referred to meeting(s) made by Registrar to litigate the

appeal of complainant before making his/her decision.

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