On September 1, 2024, Cambodia’s General Department of Customs and Excise (GDCE), under the Ministry of Economy and Finance, initiated the trial phase of its Intellectual Property Rights Recordation System (IPRRS). This system aims to modernize and strengthen the nation’s efforts in protecting intellectual property (IP) by enabling customs officers to swiftly access critical information to prevent the illegal importation of counterfeit goods.
Key Features of the IPRRS
The IPRRS is designed to gather and manage data related to intellectual property rights within Cambodia, providing customs officials with quick access to these records. This capability is intended to enhance the effectiveness of border control operations, allowing officers to spot and stop illegal imports, including counterfeit products, more efficiently.
A significant advantage of the IPRRS is that it supports ex-officio actions, empowering customs officials to act on their own initiative without having to wait for a formal complaint from rights holders. The system, although in a trial phase, is fully operational, and ongoing improvements are expected as users provide feedback and potential bugs are identified.
Two Types of Recordation in the IPRRS
The IPRRS offers two distinct types of recordation:
- Intellectual Property Recordation
- This covers trademarks, geographical indications, copyrights, and other intellectual property rights recognized and protected in Cambodia. By recording this information, IP owners, authorized representatives, and legal agents can ensure that customs officials have immediate access to details about their rights and any potential counterfeit threats. This streamlined process allows customs officers to respond swiftly to any suspected violations at the border.
- Exclusive Distributorship Recordation
- This type of recordation is designed to streamline the process of identifying potential parallel importation at the border. Previously, the GDCE had to manually input data from the Ministry of Commerce’s (MOC) notices of exclusive rights into their system, which caused delays in accessing crucial information. Now, exclusive distributors and their legal representatives can directly record their rights in the IPRRS and immediately notify the GDCE of their exclusive rights status, significantly reducing processing time.
Current Limitations and Future Enhancements
While the IPRRS provides valuable tools for protecting intellectual property rights, there are still areas for improvement. For example, the digital mechanism for submitting customs clearance requests is still under development. As a result, IP owners seeking customs clearance must currently submit their objections in person. As the system continues to evolve, the GDCE is expected to implement further upgrades to improve efficiency and address any challenges that arise during the trial phase.
The launch of the IPRRS reflects Cambodia’s ongoing efforts to bolster its IP protection framework and signals a strong commitment to combatting counterfeit goods and safeguarding intellectual property rights within its borders.
