Geographical Indications Law in Cambodia
Geographical Indications (GI) Law in Cambodia
Cambodia's legal framework for the protection of Geographical Indications (GIs) is primarily governed by the Law on Geographical Indications, enacted on January 20, 2014. This law aims to safeguard products that possess qualities, reputation, or characteristics inherent to their geographical origin, thereby promoting economic development and protecting consumers from misleading practices.
Key Provisions of the GI Law
1. Definition of Geographical Indication
A Geographical Indication is defined as a name or sign used on goods that have a specific geographical origin and possess qualities, reputation, or characteristics inherent to that origin. The law specifies that GIs can be applied to agricultural products, foodstuffs, and handicrafts produced or transformed in Cambodia in compliance with the provisions of the GI Law.
2. Registration Process
Application: Applications for GI registration must be filed with the Department of Intellectual Property under the Ministry of Commerce.
Required Documents: Applicants must submit a completed application form, a "book of specifications" detailing the product's characteristics and production methods, a sample of the product, and proof of payment of the filing fee.
Examination: The Ministry conducts a substantive examination to verify the accuracy of the application and compliance with the GI definition.
Publication: Once registered, the GI is published in the Official Gazette, allowing interested parties to file oppositions within 90 days.
3. Rights and Enforcement
Upon successful registration, producers and operators whose practices comply with the specifications are granted exclusive rights to use the GI. These rights are non-transferable and are protected against misuse, including unauthorized use or imitation. Violations may result in administrative penalties, including fines and other sanctions.
4. Invalidation of GI Registration
Any interested party may request the Department of Intellectual Property to invalidate a GI registration if it is found that:
The GI does not meet the definition criteria.
The owner is not the legitimate holder.
The invalidation is effective from the date of registration and is published in the Official Gazette.
International Recognition
Cambodia has been proactive in promoting its GIs internationally. Notably, Kampot Pepper became the first Cambodian product to be recognized under the Lisbon Agreement's Geneva Act, facilitating its protection in over 30 countries. Additionally, Cambodia has registered foreign GIs, such as Champagne and Scotch Whisky, within its jurisdiction, enhancing the global recognition of its GI system.
Conclusion
Cambodia's GI law provides a robust framework for the protection of products with unique geographical attributes, supporting local producers and ensuring consumer confidence. The country's commitment to international agreements further strengthens its position in the global market.
RELATED Blog
0 comments