The GI registration will be process as following:
- filing application
The application for geographical indication registration will be filed with the Department of Intellectual Property Rights accompanying with the book of specifications and other related documents.
- Application examination
The Department of Intellectual Property Rights will examine the application and will notify within forty five days from the filing date of the application;
When the application is duly fulfilled the requirements, the Department of Intellectual Property Rights will officially issue an acknowledgement of application.
- Unregistrable Geographical Indication
A geographical indication cannot be validly registered:
a. if it is contrary to laws and regulations, morality, religion, good custom or public order;
b. if it is likely to mislead or confuse the public as regards the characteristics, the natures, the quality, the place of origin, the production process of the goods and/or its use;
c. if it is used as a name of plant variety or animal breed;
d. if it is a generic term;
- Substantive Examination of Application
The Department of Intellectual Property Rights will conduct substantive examination on the application with the following main points:
1. The accuracy of the detail information filled in the application defined in the Article 7 and Article 8 of the GI law;
2. Definition of geographical indication as stimulated in Article 4 and Article 10 of the GI law;
3. The actual production site for Cambodian geographical indication;
4. If the homonymous geographical indications shall be complied with the conditions set by the Ministry of Commerce.
In the course of substantive examination of application, the Department of Intellectual Property Rights may invite the applicant or interested person to provide additional explanation or evidences. The Department of Intellectual Property Rights may seek for recommendations from experts in the related field for taking into consideration and making decision, if needed.
- Registration and Publication in Official gazette
After examining on application is met the requirements of this law, the Department of Intellectual Property Rights will register the geographical indication and publish it in the official gazette.
- Duration of Opposition
Within ninety-day counting from the publication date of the registration as provided in Article 12 of the GI law, any interested person may give notice to the Department of Intellectual Property Rights the opposition to the registration of geographical indication.
- Opposition Conditions
The grounds for opposition against the geographical indication registration are:
a. proving that the non-compliance with the Articles 4, definition of geographical indication of the GI law;
b. the registered geographical indication is not fulfilled the requirement as stated in Article 10 of the GI law and any related regulations.
- Opposition Procedures
The Department of Intellectual Property Rights will notify the opposition in writing to the applicant. The applicant shall submit the counter-statement within 45 days from the notification date. At the request of applicant, the Department of Intellectual Property Rights may provide extension for another 45 days;
The Department of Intellectual Property Rights will notify its decision by providing reasonable grounds to the applicant and the opponent;
The decision of the Department of Intellectual Property Rights may be the subject of appeal by applicant or opponent according to Article 18 of the GI law;
If needed or at the request of any party, the Department of Intellectual Property Rights will organize a hearing of the opposition.
The decision of opposition shall be published in official gazette.
- Rights and duration of appeal
Any interested person may appeal to the Geographical Indication Board or to the competent courts against the decision of the Department of Intellectual Property Rights;
Any interested person may appeal to the competent courts against the decision of the Geographical Indication Board;
The appeal shall be lodged within ninety (90) days from the date of receiving notification of the decision;
The appeal decision of the Geographical Indication Board shall be published in official gazette and publicized.