CORPORATE & COMMERCIAL
TRANSPORTATION
PERMIT REQUIREMENT FOR VEHICLES USED IN IN-COUNTRY LAND TRANSPORT BUSINESS IN CAMBODIA
Prakas 343 of the Ministry of Public Works and Transport (“MPWT”), dated 6 October 2017.
Parkas 343 aims to regulate vehicles engaging in land transport business and the land transport of goods and passengers in Cambodia (“Land Transport Business Activities”), except for state-owned public transport vehicles.
Under this Prakas, any vehicle and trailer used for Land Transport Business Activities must be issued with an in-country land transport business permit (“Permit”). It is important that the Permit must be kept in the vehicle at all times while the vehicle is on the road. Nonetheless, if a vehicle is part of a transport service agent providing shared vehicles, the Permit is not required for such a vehicle. It is not entirely clear from the Prakas what a transport service agent providing shared vehicles is referred to.
The Permit is valid for one year from the issuance date. The application for an in-country land transport business permit for vehicle must be filed, via the MPWT’s online system, with the General Department of Land Transport (“GDLT”).
LICENSING REQUIREMENTS FOR LEGAL PERSONS CONDUCTING IN-COUNTRY LAND TRANSPORT BUSINESS IN CAMBODIA
Prakas 344 of the MPWT, dated 6 October 2017.
Prakas 344 aims to regulate companies conducting land transport business activities in Cambodia, including goods or passengers transport companies, agents providing transport services and car rental services in Cambodia.
Under this Prakas, goods or passengers transport companies, agents providing transport services and car rental services in Cambodia, must obtain a certificate of registration and a domestic transport operation license from the MPWT. A company holding a domestic transport operation license that wishes to open any branch in Cambodia must also obtain a separate domestic transport operation license for its branch.
A domestic transport operation license is valid for two years while the certificate of registration of domestic transport operation is permanently valid. The application for the above mentioned licenses must be filed, via the MPWT’s online system, with the GDLT.
Importantly, a company cannot apply for an in-country land transport business permit for vehicle if the company does not hold a valid domestic transport operation license.
INTELLECTUAL PROPERTY
PROMULGATION OF THE LAW ON RATIFICATION OF THE AGREEMENT BETWEEN THE ROYAL GOVERNMENT OF THE KINGDOM OF CAMBODIA AND THE EUROPEAN PATENT ORGANISATION ON VALIDATION OF EUROPEAN PATENTS
Royal Kram № NS/RKM/1117/017, dated 22 November 2017.
Cambodia promulgated Royal Kram Nº NS/RKM/1117/017 to ratify the Agreement on Validation of European Patents between the Government of the Kingdom of Cambodia and the European Patent Organisation (“EPO”) (“Validation Agreement”) on 22 November 2017. The Validation Agreement was signed on 23 January 2017 and came into force on 1 March 2018. The Validation Agreement is valid for five years and will be extended for a further five-year period unless a contracting party objects to this in writing no later than six months prior to the end of the five-year period. From 1 March 2018, a European patent application and a European patent can be validated in Cambodia. The validation of a European patent application and a European patent in Cambodia occurs at the applicant’s request. The request for validation of any European patent application must be filed on or after 1 March 2018. That is, patents filed before 1 March 2018 are not entitled to the same conditions.
The procedures for validation include filing a request for validation and paying a fee to the EPO. The validation fee must be paid to the EPO within six months following the date of publication of the validation in the European Patent Bulletin of the publication of the European search report, or, where applicable, within the period for performing acts required for entry into the European phase of an international application. Within two months after this period expires, the validation fee may still be validly paid provided that a 50% surcharge is paid within this additional period. Validation fees paid cannot be refunded. The request for validation may be withdrawn at any time. Particularly, it will be deemed withdrawn where the prescribed validation fee has not been paid in time or where the European patent application has been finally refused, withdrawn, or deemed withdrawn.
After validation, the European patent will have the same effect and be subject to the same conditions as a national patent application and a national patent under the Law of Cambodia on the Patents, Utility Model Certificates and Industrial Designs. Furthermore, within three months of the date on which the grant of the European patent has been published, the owner of the patent needs to furnish to the Ministry of Industry and Handicraft the Khmer and English translation of a granted European patent, and pay the prescribed fee for publication. Annual fees for a validated European patent must also be paid to the Ministry of Industry and Handicraft for the years following the year in which the grant of the European patent was published.
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 situation.
For further inquiries, please contact cambodia@dfdl.com.
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