Kandal provincial court yesterday put two Chinese nationals in pre-trial detention on charges of “producing, processing, packaging, and distributing illegal products,” said deputy prosecutor Tin Sochetra.
The two suspects in the case were identified as Xu Chui Yao and Jiang Shao Cong. They had allegedly rented a warehouse to produce the cigarettes. “We detained them in prison after they were charged,” Sochetra said.
Ek Sun Reaksmey, another provincial court deputy prosecutor, said the charges faced by the two fell under Article 11 and 64 of Trade Names and Acts of Unfair Competition Law.
According to Article 11, trademarks that relate to a registered brand, goods or service must be used by, or have approval from the original owner only.
The original owner of the brand has the right to file a complaint to court against any person who violates its brand’s use without the consent of the original owner.
In addition, the original owner can file a complaint on the use of similar brands that have been registered. Original brand owners can also file a complaint against the use of similar trademarks in goods and services which can cause confusion to consumers.
The rights granted through the brand registration prohibit the sale or marketing of products in Cambodia without approval from the original brand owners.