The Law on Geographical Indication (GIs) was promulgated on January 20, 2014. Under this law, a GI is a name, symbol and/or any other sign used on certain products corresponding to a specific location, where the quality or reputation of the goods is essentially attributable to its place of origin.

Registering GIs assist producers and stakeholders in blocking counterfeits, increasing the value of their products, and promoting the reputation of regional high-quality products. However, registering GIs in Cambodia is time-consuming and difficult.

A GI application for registration needs to be filed with the Department of Intellectual Property (DIPR) of the Ministry of Commerce by the applicant or the applicant’s representative in Khmer or English. The application should include at least the following documents:

 

  • Geographical Indication application form as defined in Article 9 of the Regulations;
  • Name and address of the applicant;
  • Name of the GI;
  • Type of goods covered by the GI;
  • Book of specifications as defined in Article 10 of the GI Regulations;
  • A summary of the book of specifications;
  • Receipt of payment of the official fee; and
  • Any other relevant document(s) in relation to the GIapplication.

 

After a GI application is filed, the DIPR examines the application and will notify the applicant -- within forty-five days from the filing date of the application – whether the basic GI requirements are met. This notification is in the form of an acknowledgement. However, if the application does not meet the basic GI requirements, the DIPR will notify the applicant to add or adjust unfulfilled points within six months from the date of notification.

After acknowledging the application and accepting the basic requirements of the application, the DIPR conducts a substantive examination. During the substantive examination period, the applicant may invite the applicant or any interested person to provide additional explanations and evidence. In addition, the DIPR may seek recommendations from experts in a related field.

If all the GI substantive requirements are fulfilled, the DIPR will register the GI and publish it in the Official Gazette. An opposition to the registration of the GI can be made by any interested person within ninety days from its publication date.  Once an application passes the publication period or overcomes an opposition, the GI will register. 

Unfortunately, the current Covid-19 crisis has significantly impacted the registration of GIs in Cambodia. The DIPR announced that it will not grant any new GIs until further notice, as the Covid-19 pandemic is disrupting the usual operations of producers and other stakeholders. Further, the GI registration process at the DIPR has slowed given the lack of funds and the dangers associated with official field visits. 

Currently, there are three Cambodian products with GI status: Kampot’s pepper, Kampong Speu province’s palm sugar and pomelos grown in Kratie province’s Koh Trong commune. However, due to Covid-19, exports of renowned Kampot pepper have been severely reduced, especially to countries severely impacted by Covid-19 such as the EU countries and South Korea. The good news is that the price for Cambodian GIs has not dropped. This price stability reflects consumer confidence in the quality of Cambodian GIs.

Once the Covid-19 emergency eases, the DIPR will – once again – begin processing Cambodian GI applications.  We will closely monitor this situation and provide updates.