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Chapter 12
Maintenance of the Register of Marks
Article 53
The
Ministry of Commerce shall be entrusted with all functions relating
to the procedure for the registration of marks and for the
administration of registered marks as specified in this Law and the
Regulations.
Article 54
The
Ministry of Commerce is the competent institution to maintain a
Register for Marks. Collective marks shall be registered in a
special section of the Register of Marks. All the recordings
provided for in this Law shall be effected in the said Register.
The
Register may be consulted by any person, and any person may obtain
extracts there from, under the conditions prescribed in Regulations.
Article 55
The
Ministry of Commerce shall publish in the Official Gazette all the
Registrations, Renewals, Refusals, Removal of Marks from the
Register and other works as indicated in the Sub-Decree.
Article 56
The
Registrar may, subject to any provision in the Regulations, correct
any error in any recording effected pursuant to this Law or the
Regulations.
If
the Registrar is satisfied that the circumstances justify it, he
may, upon receiving a written request, extend the time for doing any
act or taking any proceeding under this Law and the Regulations,
upon notice to the parties concerned and upon such terms as he may
direct. The extension may be granted though the time for doing the
act or taking the proceeding has expired.
Article 57
The
Registrar shall give any party to a proceeding before him an
opportunity of being heard before exercising adversely to that party
any discretionary power vested in him by this Law or the
Regulations.
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Chapter 13
Agents
Article 58
Where an applicant's permanent residence or principal place of
business is outside the Kingdom of Cambodia, he shall be represented
by an agent residing and practicing in the Kingdom of Cambodia.
Article 59
The
agent acting as representative in the application of registration of
marks in the Kingdom of Cambodia shall have sufficient qualification
as specified in the Declaration of the Ministry of Commerce.
Chanter 14
Application of International Treaties and Interpretation
Article 60
The
provisions of any international treaties in respect of industrial
property to which the Kingdom of Cambodia is a party shall apply to
matters dealt with by this Law and, in case of conflict with
provisions of this Law, shall prevail over the latter.
Article 61
In
this Law:
"International
Classification" means the classification according to the
Nice Agreement Concerning the International Classification of
Goods and Services for the Purposes of the Registration of
Marks, of June 15, 1957, as last revised;
"Paris
Convention" means the Convention for the Protection of
Industrial Property of March 20, 1883, signed in Paris, as-last
revised;
"Priority
date" means the date of the earlier application that serves as
the basis for the right of priority provided for in the Paris
Convention;
"Regulations"
mean Circulars or Declarations issued by the Ministry of Commerce;
"Counterfeit
trademark goods" means any goods. including packaging, bearing
without authorization a trademark which is identical to the
trademark validly registered in respect of such goods, or which
cannot be distinguished in its essential aspects from such a
trademark, and which thereby infringes the rights of the owner of
the trademark in question under the law of the country of
importation.
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Chapter 15
Penalties
Article 62
Any
decision taken by the Ministry of Commerce may be the subject of an
appeal by any interested party before the Courts and such appeal
shall be filed within three months of the date of the decision.
Article 63
Whoever makes a false statement to the Registrar in an application,
opposition or other document filed concerning an application for
registration, amendment of a registration, renewal of a registration
or cancellation of the registration of a mark, trade name or a
license pertaining to a mark shall be liable to a fine of not more
than five million Riels, or to an imprisonment from one to six
months, or both.
Article 64
Whoever counterfeits a trademark, service mark, collective mark or
trade name registered under Article 11.(b), in the Kingdom of
Cambodia by another enterprise shall be liable to a fine of from one
to twenty million Riels, or to imprisonment from one to five years,
or both.
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Article 65
Whoever imitates a trademark, service mark, collective mark or trade
name registered in the Kingdom of Cambodia by another person in
order to mislead the public into believing that it is the trademark,
service mark, collective mark or trade name of such other enterprise
as under Article 23, shall be liable to a fine of from five to ten
million Riels, or to imprisonment from one month to one year, or
both.
Article 66
Whoever willfully imports, sells, offers for sale or has for the
purpose of sale goods bearing a counterfeit mark, under Article 64,
shall be liable to the penalties provided in that Article.
Article 67
The
maximum penalty for a repeated offense under Articles 64 and 65 of
this Law, shall be doubled in both of fine and imprisonment as
stipulated in those Articles respectively.
Article 68
In
the event an offender liable under this Law is a juristic person,
the managing director, manager or representative of such juristic
person shall also be liable to the penalty prescribed for such
offence unless he can prove that he had neither knowledge nor
consented to the commission of the offence by the juristic person
Article 69
All
goods which are imported, sold, offered for sale or had for the
purpose of sale in violation of this Law, as stipulated in Article
66, shall be confiscated or/and destroyed, according to the decision
of the court, whether or not anyone has been convicted of the
offence.
Article 70
Whoever has exploited or received anything in kind or in cash by
using the influence of his/her position, shall be considered as
committing offense and shall be punished in accordance with the law
in force.
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Chanter 16
Final Provisions
Article 71
Trademarks thus registered shall be due for renewal within the same
period as under Articles 11 and 12 and, upon renewal, shall be
reclassified in accordance with the International Classification.
Notwithstanding the repeal of existing regulations, trademarks
recorded there under shall remain in force but shall, subject to
paragraph 1 of this Article, be deemed to have been registered under
this Law.
Article 72
Any
Provisions that contradict this Law shall be considered as null and
void.
Phnom Penh,
February 07, 2002
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Has informed to His
Royal Highness
Royal Signature
Norodom Sihanouk
Prime Minister
Signature
Samdech Hun Sen
Minister of Commerce
Signature
Cham Prasidh
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