Body Enforcement

Article 123 – Competence of Court; Appeals
The competent Court shall have jurisdiction in cases of dispute relating to the application of this Law and the Regulations are to be referred to the competent Court.

Customs Authorities
The customs authorities are the Customs Administration (Customs and Excise Department of the Ministry of Economy and Finance), as defined in the Law on Customs of 22 June 2007. According to Chapter 10 of the Trademark Law and Article 63 of the Copyright Law, the customs authorities are in charge of managing the border measures in case of alleged trademark and/or copyright infringement. The customs authority is one of the authorities competent to receive the application filed by the right holder requesting a border measure (suspension of the release of the goods) in terms of Article 35 of the Trademark Law.

Article – 9
Customs or Customs Administration is the Customs and Excise Department of the Ministry of Economy and Finance, including customs officers, which is responsible for the administration and enforcement of the customs law, the collection of duties and taxes and fees, and which also has the responsibility for the application of other laws and regulations relating to the importation, exportation, movement and storage of goods.

Economic Police
The Economic Police, under the Ministry of Interior, is in charge of criminal investigations, under the supervision of the prosecutor, in case of alleged infringements of economic legislation, including the intellectual property laws and the Law on the Management of Quality and Safety of Products and Services (the last-mentioned in cooperation with CAMCONTROL see below).

The Declaration on Duty, Obligations, Rights and Structures of Anti-Economic Crime Police Department” mentions that the Economic Police is in charge of monitoring and inspecting all activities of law enforcement; of taking measures and fighting against economic crime or submitting the requests to the appropriate institutions; of cooperating with concerned competent authorities and institutions to perform searches and investigations, including to protect intellectual property rights; and to cooperate with the prosecutor and the courts to implement the operation procedures . To this end, a specific office has been established within the Economic Police, the Anti-Intellectual Property Rights Crime Office, which is, inter alia, in charge of conducting searches and investigations; identifying targets in cooperation with the concerned competent authorities in order to collect evidence; and filing legal action . According to the Criminal Procedure Code, the members of the economic police are either Judicial Police Officers (see Article 60, F, of said Code or Judicial Police Agents (see Art. 76 of said Code)

CAMCONTROL
CAMCONTROL is the acronym for the Cambodia Import-Export Inspection and Fraud Repression Directorate-General of the Ministry of Commerce. It is a specialized institution established within the Ministry of Commerce. Its responsibilities and composition are determined by the Sub Decree No 59.A’NKR-BK of 29 May 2008 , which implements Article 26 of the Law on the Management of Quality and Safety of Products and Services (the Standards Law) of 21 June 2000.

Last updated on: May 21, 2024