The General Department of Customs and Excise (GDCE) in Cambodia’s Ministry of Economy and Finance launched a trial phase of its Intellectual Property Rights Recordation System (IPRRS) on September 1, 2024.

The system compiles necessary information and documents related to intellectual property rights in the country, enabling customs authorities to swiftly access these documents and enhance their ability to identify and intercept potential parallel imports and infringing goods at the border. This will also better facilitate ex-officio actions by customs authorities. The system is currently referred to as being in a “trial phase” to support further amendments or updates to address any potential technical errors that may arise from public use. However, the IPRRS is already fully operational.

Types of Recordation

Currently, the IPRRS allows two types of recordation:

• Intellectual property recordation is available for trademarks, geographical indications, copyrights, and related rights that are protected in Cambodia. It allows IP owners, authorized representatives, and legal representatives to record information and documents relating to such rights, including information on possible or potential counterfeit goods, with the GDCE. Recordation will give customs authorities quicker access to the information and enable them to promptly take action against potential counterfeit or infringing goods.
• Exclusive distributorship recordation is meant to streamline the process that takes place after the Ministry of Commerce issues a notice of the recordation of exclusive rights. Under the current practice, after receiving a copy of a notice of the recordal of an exclusive distributorship issued by the Ministry of Commerce (MOC), the GDCE needs to enter the information into their system manually to enable them to promptly identify or stop potential parallel importation at the border. This reportedly causes delays in border officers’ access to the necessary information. Recordation through the IPRRS, on the other hand, allows local exclusive distributors and their authorized or legal representatives to submit the MOC notice on the recordation of exclusive rights to the GDCE right away, ensuring that the officers have quicker access to these documents so they can take timely action.

However, IP owners seeking customs clearance are required to submit their complaints physically, as the digital system for customs clearance requests is currently under development.

Validity

Recordation under the IPRRS remains valid for as long as the IP rights are valid. If trademark rights expire, a renewal needs to be filed with the Department of Intellectual Property in the MOC, followed by a new recordation using the IPRRS.

For exclusive distributorship recordation, the validity aligns with the MOC’s notice on the recordal of exclusive distributorship. If the notice expires, a renewal must be done at the Department of Intellectual Property in the MOC, followed by a new recordation using the IPRRS.

Recordation Timeframe and Status

The result of a request for recordation will be available within two business days (or less) of filing. If the request is successful, the status on the IPRRS will appear as accepted, and there will be no official notice confirming the successful recordation.

There is no penalty for not recording IP rights or exclusive distribution rights on the IPRRS. However, doing so benefits IP owners and exclusive distributors by helping customs authorities take prompt action against counterfeit or infringing goods as well as parallel importation.

For more details on the IPRRS, or on any aspect of intellectual property rights enforcement in Cambodia, please contact Tilleke & Gibbins at [email protected].