Intellectual Property Rights Dispute Resolution Process REF#6411

26 Sep 2023 | Tax Issue Tackled

Last modified date: 26 Sep 2023

Issue Description

The Department of Intellectual Property Rights under the Ministry of Commerce has developed a special ‘hybrid’ procedure that aims to help to find solutions on cases of trademark rights infringement through an alternative dispute resolution – the Preliminary Alternative Disputes Resolution (PADR). The implementation of PADR has been remarkably successful.

However, the certainty, predictability and transparency of the PADR could be questionable because there is currently no regulation detailing its procedures and the responsibilities of each party in the process.

Impact on business

The PADR process carries the potential to significantly improve Cambodia’s Intellectual Property Rights (IPR) landscape by providing an efficient and cost-effective means of resolving trademark rights disputes between parties under the oversight of the Ministry. This being the case, some businesses are likely to be cautious about engaging in a PADR process where there is no regulation specifying its procedures and clearly describing the role to be played by the Department of Intellectual Property Rights. Introducing a more formalised process would help to make PADR a more viable option for the support of a greater number of trademark rights owners.

Recommendation

  • Create a formalised Alternative Dispute Resolution process to address trademark rights infringement cases through relevant ministries.

We respectfully recommend that the PADR procedure of the Department of Intellectual Property Rights be formalised by adopting regulation that specify the PADR procedures and the roles of the Department during the process of the PADR.

Furthermore, we propose that the formalised PADR undertaken by the Department should in future be used as a model for other relevant administrative authorities including the Department of Industrial Property under the Ministry of Industry, Science, Technology and Innovation as well as the Department of Copyright under the Ministry of Culture and Fine Arts. There is a need for these relevant administrative authorities to adopt their own regulations to implement the PADR for various types of IPRs.

Dialogue with

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