2016 07 December

Cambodia investment update for November and December 2016

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INTELLECTUAL PROPERTY

PROCEDURE FOR TRADEMARK REGISTRATION IN INTERNATIONAL FRAMEWORK, Prakas № 368 of the Ministry of Commerce, dated 01 November 2016

This Prakas aims to implement the Madrid Protocol and procedures for trademark registration and protection in the international framework. 

A natural person or legal entity, who has submitted an application for trademark registration or a trademark which has already been registered in the name of that person to the Department of Intellectual Property Rights of the Ministry of Commerce in the name of being an office of origin can submit such trademark for registration in the international framework, if the natural person or legal person:

(1)          is a Cambodian national, or

(2)          has a permanent residence in Cambodia, or

(3)          has legal industrial or trade establishment/institution and is operating in Cambodia.

When Cambodia is selected for international registration of trademarks, the Department of Intellectual Property Rights of the Ministry of Commerce is tasked with examining the trademarks in detail in accordance with the applicable laws and the sub-decrees on trademarks. International registration of trademarks in Cambodia are to have the same effect as if applied directly at the Department of Intellectual Property Rights.

FILMING INDUSTRY 

Management of Filming Industry, Sub-Decree № 234 of the Ministry of Culture and Fine Arts, dated 08 November 2016

The purpose of Sub-Decree No.234 is to ensure the management and development of the filming industry in Cambodia. Specifically, it aims to manage local film production, foreign film production in Cambodia, film importation and exportation, commercial activities of filming services, film dissemination, film school, and to encourage production of new films as well as to take action against violations of filming regulations.

This Sub-Decree is applicable to all activities in the filming industry in Cambodia except for production, distribution, dissemination, and publication of films made by ministries and entities for non-profit purposes.

The Sub-Decree requires that any person conducting film production business, filming business, cinema business, film materials supply, film editing services (picture and voice), copying films, translating and voice dubbing services, film studio services, and film school must seek approval from the Ministry of Culture and Fine Art (“MCFA”) which is the regulatory authority of the filming industry in Cambodia. Further, local films and films imported from foreign sources prior to renting, selling, playing and publicizing by whatever means and films exported from Cambodia must be authorized by the owners and permitted by the MCFA.

It is important to note that a film producer or any person conducting film business and services not being in compliance with conditions set forth in this Sub-Decree must seek for approvals from the MCFA within 6 (six) months from the effective date (i.e. 08 November 2016) of this Sub-Decree.

BANKING AND FINANCE

PROVISION OF CREDIT IN NATIONAL CURRENCY OF BANKING AND FINANCIAL INSTITUTIONS, Prakas № B7-016-334 PK of the National Bank of Cambodia, dated 1 December 2016

This Prakas aims to promote the provision of credit in national currency of banking and financial institutions under the supervision of the National Bank of Cambodia (“NBC”) (“Institutions”). The purpose is to increase the use of national currency in the market which is a strategy to implement the currency policy of the NBC. The Prakas requires all Institutions to have credit in national currency amounting to at least 10% of their total credit portfolio which must be fully implemented by 31 December 2019. Further, the Prakas requires that the provision of credit in national currency be included in policy and strategy of the Institutions. The NBC may, pursuant to Prakas, require the Institutions to increase more credit provision in national currency as necessary.   

DFDL contact:
Alex Larkin
Senior Consultant
alex.larkin@dfdl.com

*The information provided is for information purposes only, and is not intended to constitute legal advice. Legal advice should be obtained from qualified legal counsel for all specific situations.