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Prakas No.293 on Registration and Protection of Certification Mark
By Svetlena D. TE
On 31 August 2016, the Ministry of Commerce issued Prakas no. 293 on the Procedures for the Registration and Protection of Certification Mark (the “Prakas”). The purpose of this Prakas is to raise the standard and quality of local goods and services exported from Cambodia to other countries and international goods and services imported into Cambodia to serve local consumers.
The Prakas deals not only with the registration of new certification mark created in Cambodia but also foreign certification mark may be registered in the Kingdom of Cambodia through an agent if the certification mark has fulfilled all required conditions set by the Prakas and is legally registered in accordance with the relevant provisions in the country of origin.
The applicant for registration of a certification mark must be a legal entity and shall provide certain documents, including, but not limited to:
1. Evidence to verify that the applicant is a legal entity ( and not a natural person)
2. Provisions to manage the use of the certification mark which include minimum details such as:
- Standards related to material, source, methodology to produce goods or service, quality, clarity or other features which will be confirmed by the certification mark.
- The methodology of the certification mark owner to evaluate compliance with the above mention standards.
- The mechanism that the certification mark owner will employ to supervise the correct use of the certification mark and the continued compliance with the above standards.
- The fees payable to the certification mark owner for the use of the certification mark (if any).
- Dispute resolution procedures.
3. Other documents that may required by law or regulation or stated in the application form.
4. Power of attorney if the application is made through an agent; and
5. A declaration letter from the applicant to “declare that the applicant is not related to any production or market search or provides any service which is identical or similar to the goods or service that will be registered for the Certification Mark”. It is unclear to us as to how the Ministry of Commerce interprets this requirement. However, we expected that the Ministry of Commerce will provide further guidance on this.
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Sciaroni & Associates is a leading professional and investment advisory firm doing business in Southeast Asia since 1993. Based in Cambodia with legal offices in Laos and Myanmar, we provide experienced advice and business insights to many of the world’s leading companies, governments, economic think tanks, global development funds, international NGOs and the Royal Government of Cambodia in accordance with strict international standards.
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