A. Brief Introduction of IP Laws and Regulations
Intellectual property is a vital asset for many firms doing business in Cambodia Whetheritsdstingusting goods fom those of cmopetto potecting the ruts of rserchinvestmentrtrmainaningthe cndenaldlfinancial plans, IP considerations appear in vrtully all industries.
Cambodia's 2004 acession 1o the Word Trade Organization promptedthe adoptionof several awsregulating ntlletual poperty ights While t wil be a number of years before Cambodia comes into uWTO complance. investors can already take advantage of the developing regulatoy framework. and seek out protectionfor therinventions, trademarks, industrial designs, and other creatve products.
Although the law is stll in development. elativel ficlent procedures for registering and enforcing impotantIP rights are already in place. Ignoring. or postponing. the egistrationofIP assets, could prove tobe verycostlynthe long run.
B. Patent Application
Patents and utility models protect the technical aspects of inventions. To receive a patent or utility model, theinvention must be new and industrially applicable. For a patent, the invention must also involve an inventive-step,meaning it is not obvious to one killed in the art. This is the key diference between the two . a utility model canbe obvious, whereas a patentable invention cannot.
The Law on Patents, Uility Models and Industrial Designs (2003) governs this area of IP A protectableinvention can be any idea which permits, inpractie the solution to a specic problem, in the field of tchnologyThe Law categrcally excludes certain types of inventions, such as scientific theories and mathemalicaltomina lato exdudes nventin hat uro not ocdal usohur, such as legel ncoic as they would harm public health or morality nxcanpraletoratly model the nventor mut tscloo the nvntotn ho pubic This waytheo boyopubickoeodgoe ncreass and valablo 10 ll once the em of polecton exprese Prsnstoreoyearsfonto talo of ling while utily models are wald for only yoars As uity models areless ivenve than patented inentons, they are demed 10 mernt shofter term of exlusily Owmarsof ethermustpayannual minenance ee which ncreases over ime, 10 keep the egitaton alve. Boh patet and ulty model pications are fled with the Department of Idustral Poperty of the Ministy oindustyandHadcats MH) While Cambodia is not a party 0 the Patent Coperaton Trealy (PCTD theLaw does provide procedures for rgistering foreign plicaions in Cambodia
In eaty 2015. Cambodia and Singapore reached an areement for a Memorandum of Understanding (MoU) onCoperation in Industial Poperty between the Ministy of Industy & Handicrats (MIH) and The Itllectlel Property fceof Singapore (POS) This MOU loss ether MIH or IPOS 10 be the epresentate of lther state to receive Patent design pilcalinso IPOS functions as the search and examination authority for palents on behalf of MIH MIH recognizes patents granted through IPOS.
This MOU is only valid for 5 years, from January 20, 2015.
In adition to the MOU between POS and MIH. Cambodia and Japan also ssued a Joint Staterment of intentMay4.2016), aiming to launch coperation for ailtating patent granting in Cambodia
Under the concluded agreement on "Cooperation for acitating Patent Grants (CPG). Cambodia willaccelerate patent granting. for pplicatins fied in the county. without conducting an examination pplicable, inefec, when an pplication crresponds to one that has already been examined, and granted. in Japan. and forwhich the applicants request the other county to accelerate the granting patent process.
This cooperation will llow applicants to win patent rights, for those patents already registered in Japan, to beprocessed in an accelerated manner, in Cambodia
Patent owners need to be aware that their rights are sublect to revocation and abridgement by thegovernment The Ministry has the right to explot a patented invention iself, or lliow a third party to do the same,in order to promote public intorest (eg national defense, nutrition, health, and development).
Further, patent holders who delay in exploiting their inventions, risk having the government grant licenses, toother third parties, without their permission. Looking to the future, the govemment is currently considering a newlaw on compulsory licenses, for certain drug patents.
The owner of a patent has the right to exclude others from making, importing. stocking, offering for sale, orusing infringing products. Both licensees and the patent owner have the right to bring a civil suit for monetarydamages and injunctive elief. The Law, however, does not provide procedures for suspending customs clearanceof the infringing goods.
C. Trademark Registration
Trademarks llow their owners to prevent others from using identical or confusingly similar, marks to identytheir goods and services. Enterprises operate under a trade name, and most of them have a trademark thatisprotectable.
Indeed, registering nd enforcing one's trademarks is crucial to dferetating one's products from thoseof oametreceive a compettors. While unregistered trade names receive a degree of protection, proper egitraion is vital for anySuccessful business.
Trademarks and related IPRS are pincipally protected under the 2002Law on Marks, Trade Names andActsof Unfair Competition. The Law ists the steps for rogistering molitarr a trademark and the range of protection. An pplicantwho has already registered a mark in another member county. of the Paris Conventon, will have prirtyinreg stering that mark in Cambodila. herofthe Madr Systom, in 2015. Cambodia can now be either the designated Having become the 95th member of the M state, or the state of oign, when pplying for a trademark in a arge numbers of countis
After becoming party 1o the Madrid Protocol the number of rademark plcations increased sharply
In accordance with the recent Prakas No.2 kas No. 293. issuod on August 30, 2016, on the Procodure for Registrationand Protection of the Certification Mark. both local and foreign certication marks are llgible for egitrationinCambodia
The appication process begins with the fling of an pplcation form, and I fiod througha Lawul TademarkAgent, an original notarized power of ttormey. Unless the pplcation is rejected. and requires an appeal,completing he rgistation process usualy takes about six to nine months, trom the imeof ling tothe dliveryofthe nalcertfate toeare Reghtraton is vald for ten years and renewable for ucessvo ten-yoar torms In the sixth year of the nitial term, and of each renewal term, the mark owner must submit an affdavit of use or non-use, and pay an ffcial fee.The Law also provides procedures for opposing. and invllidating the marks of third parties. This can be crucialto prevent others from registering marks that are either identical, or confusingly similar to one's own.
Trademark law is the most developed field for protection of IP in Cambodia, although its enforcement hasroom for improvement. As registration procedures are well established, and routinely practiced, the next importantstage, online registration for trademarks, is being put into place.
D. Measures for IP Protection
A.owner has the right to prevent others from infringing on their IPR. The three main enforcement options are:
i) File a lawsuit ina civil court for money damages and/or specific relief,
ii) Request the customs authorities to suspend clearance of imported infringing goods, and
iii)Seek criminal prosecution and/or fines.
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