Trademark in Cambodia. Cambodia, officially known as the Kingdom of Cambodia, is an independent country with a population of more than 15 million people, located on the Indochina peninsula in Southeast Asia. Cambodia is bordered by the Gulf of Thailand to the southwest, Thailand to the northwest, Laos to the northeast, and Vietnam to the east. Based on actual needs, Cambodia is a market with great investment potential that Vietnamese and foreign companies want to conduct business within. Thereby, in order to protect industrial property rights, and intellectual property of individuals and legal entities who intend to invest in Cambodia, We would like to introduce to readers an article on penalties for trademark infringements in Cambodia.
In Cambodia, the Law concerning Marks, Trade names and Acts of unfair competition in 2002 while regulating the aforementioned subjects also includes penalties for acts of intellectual property infringement (fine and/or imprisonment and remedial measures).
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.
The registered owner of a mark shall, in addition to any other rights, remedies or actions available to him, have the rights to institute court proceedings against any person who infringes the mark by using without his agreement, the mark as aforesaid or who performs acts which make it likely that infringement will occur. The right shall extend to the use of a sign similar to the registered mark and use in relation to goods and services similar to those for which the mark has been registered, where confusion may arise in the public.
Whoever counterfeits a trademark, service mark, collective mark or trade name registered, 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.
The following acts, in particular, shall be deemed to constitute acts of unfair competition:
(a) All acts of such a nature as to create confusion by any means whatever with the establishment, the goods, or the industrial, commercial or service activities of a competitor;
(b) False allegations in the course of trade of such a nature as to discredit the establishment, the goods, or the industrial, commercial or service activities of a competitor;
(c) Indications or allegations the use of which in the course of trade is liable to mislead the public as to the nature, the manufacturing process, the characteristics, the suitability for their purpose, or the quantity of the goods.
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, shall be liable to a fine of from five to ten million riels, or to imprisonment from one month to one year, or both.
Whoever willfully imports, sells, offers for sale or has for the purpose of sale goods bearing a counterfeit mark, shall be liable to the penalties provided in that Article.
Whoever willfully import, sells, offers for sale or has for the purpose of sale goods bearing an imitated mark, shall be liable to the penalties provided in that Article.
All goods which are imported, sold, offered for sale or had for the purpose of sale in violation, shall be confiscated or/and destroyed, according to the decision of the court, whether or not anyone has been convicted of the offence.
The maximum penalty for a habitual offense for counterfeiting (a) mark(s) or imitating (a) mark(s), shall be doubled in both of fine and imprisonment as stipulated in those Articles respectively.
In the event an offender liable under 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 or nor consented to the commission of the offence by the juristic person.
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.
Above is our article on on changing trademark ownership in Cambodia. We hope the article can answer any lingering questions that readers may have.
 Article 11.b. Law concerning Marks, Trade names and Acts of unfair competition in 2002 in Cambodia
 Article 23. Law concerning Marks, Trade names and Acts of unfair competition in 2002 in Cambodia