Procedure of Certifying and Recordal the Letter of Exclusive Rights on the Use of Mark
On 25 June 2021, the Ministry of Commerce (“MOC”) issued a new Prakas No. 0117 on “Procedure of Certifying and Recordal the Letter of Exclusive Rights on the Use of Mark” (“Prakas No. 0117”) to replace Prakas No. 186 on Recordal of Exclusive Distributorships dated 31 May 2016 (“Previous Prakas”).
What’s New & Updated
Prakas No. 0117:
- Introduces a new permit on Sub-Distributorship.
- Adds Fertilizer & Pesticide products as Prohibited Products from Certifying and Recordal of the Exclusive Right on the Use of Mark. Previously, Prohibited Products only cover second-hand goods, pharmaceutical products, and restricted products.
- Allows the certifying and recording of Exclusive Rights Letter of the Use of Mark up to six months from the signature date of the said letter. Formerly, the filing period was to be within three months from the signature date of the letter.
- Maintains the procedures, formalities, rights and obligations of interested parties, terms, and dispute resolution under the Previous Prakas.
- Requires additional related document(s) for Sub-Distributorship’s recording formalities.
- Entered into force on 25 June 2021.
This alert is for general information only and is not a substitute for legal advice.