|
|
Under this Royal Kram, dated 23 October 2014, factories and handicrafts that supply foods, drinks and tobacco; textile, clothes, and leather products; paper products; chemical, rubber and plastic products shall be under the supervision of the Ministry of Industry and Handicraft ("MIH"). Therefore, any establishment, expansion, and change of location of the above mentioned products shall require prior approval from the MIH.
Applicants shall submit the relevant form and supporting documents to the competent department of the MIH to start the process. After the submission of the form, the MIH shall issue its approval or disapproval with reasons within the set timeline. The Royal Kram also states that factories and handicrafts shall be managed in accordance with the Law. Otherwise, the MIH may suspend the factory's operation and impose punishment.
This Royal Kram was issued on 23 October 2014 regarding the adoption of the Nagoya Protocol on Access to Genetic Resources and the Fair and Equitable Sharing of Benefits Arising from their Utilization to the Convention on Biological Diversity.
The Nagoya Protocol was adopted on 29 October 2010 in response to the third objective of the Convention on Biological Diversity. The Protocol provides a legal framework for genetic resource usage, and strengthens the access to genetic resources by the indigenous and local communities. Also, through the Protocol, incentives are given to conserve and maintain biological diversity.
Benefits, either monetary or non-monetary, arising from utilisation, application and commercialisation of genetic resources shall be shared equally and in fair manner. Parties shall ensure that their jurisdiction respects domestic access and benefit-sharing legislation and regulatory requirements where resources or knowledge are acquired.
A Memorandum of Understanding ("MOU") was signed on 20 January 2015 between the Ministry of Industry & Handicraft ("MIH"), which is in charge of administration, development and promotion of industries and handicraft in Cambodia; and the Intellectual Property Office of Singapore ("IPOS"), a government agency advising and administering IP laws as well as promoting IP awareness in Singapore.
The MOU is to streamline the IP protection application process for businesses and inventors. It allows (i) the patent search and examination reports form IPOS and patents, and (ii) industrial design filed with IPOS, to be recognised in Cambodia. IPOS will recognise patent and industrial design registered at MIH. Moreover, the MOU re-assures the on-going patent work-sharing programs including ASEAN Patent Examination Cooperation, and emphasises the exchange of best practice, experience and knowledge on IP administration and protection between these two countries.
We previously issued an Update on this. To access the Update, click here.
In light of the transition into the ASEAN Economic Community ("AEC") by the end of 2015, Cambodia has joined the Protocol relating to the Madrid Agreement concerning the International Registration of Marks, commonly known as the "Madrid Protocol". Cambodia is now the 95th member of the Madrid Protocol. The Protocol will come into force with respect to Cambodia from 5 June 2015. This accession is also part of Cambodia's compliance with the Intellectual Property Rights Action Plan 2011 – 2015, through which ASEAN member states have collectively agreed to accede to the Madrid Protocol by 2015.
The Madrid Protocol, administered by the International Bureau of the World Intellectual Property Organisation, is an international legal instrument whose aim is to facilitate and ease the registration, protection and management of trademark in various jurisdictions which are members of the Protocol. Under this Protocol, a trade mark owner may apply for registration in one or more member countries by filing just a single application in one language and paying one set of fees. Applicants are required to prove connection, establishment, domicile or nationality with a contracting party to the Protocol. Accession to the Protocol would bring some of these benefits to Cambodian trademark owners, allowing them to register, protect and manage their products in more than 110 countries.
For more details on Cambodia joining the Madrid Protocol, please click here.
This Sub-Decree is issued to determine various tax incentive in securities sector. There are two types of securities players: (1) companies / enterprises issuing for the sale of equity securities and/or debt securities which are licensed by the Securities and Exchange Commission of Cambodia ("SECC") and registered as securities trading in the permitted securities and (2) public investors holding and/or purchasing and selling state securities, equity securities, and/or debt securities which are issued for sale to the public, and registered as securities trading in the permitted securities market. However, Qualified Investment Projects that are in the period of profit tax incentive as stated in the Law on Investment of Cambodia shall not be granted tax incentives as mentioned in Article 4 and 5 of the Sub-Decree.
Under the Sub-Decree, there are three main kinds of tax incentive, including 50% reduction of tax on profit, tax amnesty and 50% reduction of withholding tax. 50% reduction of tax on profit is granted for period of 3 years. The incentive period starts from either the beginning of tax year or the beginning of tax year after the year that such securities are issued for sale to the public. Tax amnesty is for period of 5 years, and it is granted on the condition that the tax debt is subject to a comprehensive audit by the General Department of Taxation. 50% reduction of withholding tax is granted to public investors on interest and/or premium received from the holding and/or purchase and sale of state securities, equity securities and debt securities for a period of 3 years.
Pursuant to Prakas No. 285, all enterprises or establishments shall register their employees with the National Social Securities Fund ("NSSF"). However, the registration procedure and process shall be determined clearly by a separate regulation to be issued by the director of the NSSF. Each registered employee will obtain an "NSSF Membership Card" for free.
Further, the employer or owner of the enterprise or establishment is required to submit a monthly report no later than the twentieth day of the next month to NSSF. This report shall be done regularly to update the number of the employees in the enterprise.
In accordance with this Prakas, any employer who fails to pay employer contribution by the fifteenth day of the next month shall pay an additional monthly interest of 2% of the actual contribution and shall be liable for punishment as stipulated in Article 36 of Law on Social Security Schemes for Persons Defined by the Provisions of the Labor Law.
The contribution payment shall be paid directly to any bank determined by the director of NSSF, via internet banking service or Unity service or by any other means as instructed by the director of NSSF.
This Notification was issued on 27 February 2015 to limit the maximum number of hours for overtime work. Under the Notification, overtime work shall not be more than 2 hours per day and the total working hours per day shall not exceed 10 hours. Moreover, the overtime work shall be on a voluntary basis, and the employers need to get approval from the Ministry of Labor and Vocational Training ("MLVT") prior to the performance of overtime work.
Click here to refer to our Update on the overtime work Notification.
While the new law on commercial contracts is still in its draft form, license contracts in Cambodia are governed by the existing laws, namely the Law on Marks, Trade Names and Acts of Unfair Competition of 2002 ("Trademark Law") and the Sub-Decree on Implementation of the Law Concerning Marks, Trade Names and Acts of Unfair Competition of 2006. According to the Trademark Law, a license contract is required to be recorded with the register of the Ministry of Commerce ("MOC"), so that it can be used to assert against third parties. However, the Trademark Law is silent on franchise contracts. To fill in this gap, the MOC issued this Notification on 12 March 2015.
Based on the Notification, both license agreements and franchise contracts shall be registered and recorded with the register of the MOC to gain protection against third parties. The supporting documents required for registration and recording include the original license / franchise contract and the Khmer translation of such contract certified by a trademark agent recognised by the MOC or a licensed professional translator.
Our Update on this Notification can be accessed here.
Please note that whilst the information in this Update is correct to the best of our knowledge and belief at the time of writing, it is only
intended to provide a general guide to the subject matter and should not be treated as a substitute for specific professional advice.
|
|
R&T Sok & Heng Law Office
Vattanac Capital Office Tower
Level 17, No. 66, Preah Monivong Boulevard,
Sangkat Wat Phnom, Khan Daun Penh
120211 Phnom Penh, Cambodia
http://kh.rajahtannasia.com
Contacts: Heng ChhayManaging PartnerD +855 23 215 734 F +855 23 726 417 heng.chhay@rajahtann.comSok KhavanPartnerD +855 23 215 734 F +855 23 726 417 sok.khavan@rajahtann.comDesmond WeeDirectorD +65 62320474desmond.wee@rajahtann.com| Rajah & Tann Asia is a network of legal practices based in Asia. |
Member firms are independently constituted and regulated in accordance with relevant local legal requirements. Services provided by a member firm are governed by the terms of engagement between the member firm and the client. |
This update is solely intended to provide general information and does not provide any advice or create any relationship, whether legally binding or otherwise. Rajah & Tann Asia and its member firms do not accept, and fully disclaim, responsibility for any loss or damage which may result from accessing or relying on this update. |
|
|
