Before the Law on Commercial Contract takes effect, contracts for the licensing of marks in Cambodia are governed by the existing laws, including the Law on Marks, Trade Names and Acts of Unfair Competition of 2002 ("Trademark Law"). The Trademark Law mandates that a license contract must be recorded with the register of the Department of Intellectual Property of the Ministry of Commerce ("MOC"), so that it can be used to assert against unauthorised use of a mark by a third party. However, the Trademark Law is silent on franchise contracts of the same nature.
On 12 March 2015, MOC issued Notification No. 0738 on the Recordal of License Contract and Franchise Contract ("Notification") to fill in the gap of the Trademark Law. The Notification mandates the registration and recordal of both license contracts and franchise contracts with the register of MOC. On 13 January 2020, MOC issued Prakas No. 036 MOC.IP.PR on the Recordal of License Contract over Mark and Franchise Contract with 27 clauses dealing with the requirements and procedures for the recordal of license contracts, sub-license contracts, franchise contracts, and sub-franchise contracts. These provisions are more comprehensive than the ones provided in the Notification.
This Update provides a summary each of the following key labour law developments in Cambodia in the fourth quarter of 2019:
- Deadline of Application for Foreign Manpower Quota for 2020 Moved to End of 2019
- Law on Social Security Schemes
- Paid Public Holidays in 2020
- Lift of Ban on Occupations Performed by Self-employed Foreign Nationals