Although recordals through Cambodia Customs are not yet available in Cambodia, brand owners can protect their marks against parallel imports with the assistance of Cambodia Customs by recording exclusive distributorships.    
In accordance with Circulation 07, the Ministry of Commerce issued Prakas 0117 governing the procedure for recordal of the exclusive rights of trademarks.  This Prakas is designed to improve the protection and enforcement of intellectual property rights, to address unfair competition, and to encourage investment in Cambodia.
Upon receiving the Recordal of Exclusive Rights of Use, the authorized party will have the right to:
-        Import and exclusively distribute the specified product;
-        File complaints to Customs and the Excise Department, or other Relevant Authority, or Court against any party that imports or distributes the relevant products without an exclusive distributor agreement.
The documents necessary to record an exclusive distributorship are:
-        An original signed and notarized power of attorney of the exclusive distributor;
-        An original notarized authorized exclusive distributor letter from the brand owner to the local exclusive distributor;
-        Copies of trademark registration certificates;
-        Copies of documents of exclusive distributor’s business in Cambodia including:
         • Valid Registration Certificates;
         • Memoranda of Association;
         • Business extracts; and
         • VAT Certificates.  
Duration:
Recorded exclusive distributorship agreements are valid for no more than Two (02) Years counting from the date of Recordal issued by the Ministry of Commerce.
Exclusive distributorships will be automatically invalidated if:
-        The trademark owner cancels the exclusive rights;
-        The trademark(s) is invalidated;
-        There is a change of trademark owner; or
-        The permission to import has been voided by the Ministry, another Authority, or the Cambodian Government.
Renewals:
Exclusive Distributorships can be renewed within Thirty (30) days prior to their expiration. In case a renewal is not filed within the time limit, the recordal cannot be renewed. However, the recordal can be filed as a new request. This renewal is valid for another Two (02) years. The validity of the renewed exclusive distributor will begin from the date of the recordal issued by the Ministry of Commerce.
The required document for renewals are:
-        Authorized letters specifying the exclusive distributorship will remain valid; and
-        Copies of trademark registration certificates.
Cancellations:
-        A related party can file a complaint to the Ministry of Commerce to cancel exclusive rights.
-        The Ministry of Commerce can cancel exclusive rights if:
·        The authorization letter does not comply with certain articles or current laws and regulations;
·        The authorized letter and supporting documents are not legitimate.
-        The Ministry of Commer can delete exclusive rights if:
·        The trademark owner or authorized person practice is contrary to circular 07 dated 6th August 2015;
·        A request is made by the trademark owner, or authorized person with sufficient supporting documents.
-        The annulment of the letter of exclusive right or the recordal shall be effective from the date of issuance of the decision.
Complaint Process:
-        Any interested party can file a complaint to the Ministry of Commerce or a court within 90days counting from the issue date of the recordal;
-        An authorized Party can issue a letter to warn third parties who aren’t authorized to import;
-        After receiving the complaint, the Ministry of Commerce can issue a letter to non-authorized importers to cease the importation;
-        The trademark owner or authorized party and the non-authorized distributor can negotiate to meet both parties’ conditions.
Where available, brand owners can use the Cambodia exclusive distributorship process to assist in ensuring only its authorized products are being sold in Cambodia.  S&O IP can assist you to get authorized distributorship agreements recorded in Cambodia, as well as to otherwise assist in protecting brands from counterfeits and infringements.

Sereyratha Chan

Senior Associate

[email protected]

+855 23 900 469

Kunpisoth Sambath

Associate

[email protected]

+855 23 962 343