(Source: DG Trade / EU Delegation to Cambodia )
2
1.79
0.26
1
2
3
4
5
6
SIZE of Market :
EU goods exports to Cambodia in 2012: € 0.26 billion
EU goods imports from Cambodia in 2012: € 1.79 billion
Total trade in goods in 2012: € 2 billion
Cambodia’s annual GDP in 2012: € 10.5 billion (Source: World Bank )
Cambodia’s annual GDP growth in 2012: 7.2% (Source: World Bank )
Cambodia is the EU’s seventh largest trading partner in the ASEAN region.
The EU is Cambodia’s fifth largest trade partner and second largest export partner.
Key INDUSTRY SECTORS:
EU imports from Cambodia are dominated by transport equipment.
EU exports to Cambodia are dominated by machinery, transport equipment and agricultural products.
ASEAN IPR
SME Helpdesk

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Intellectual Property Rights for SMEs: Why is this RELEVANT to you?
Intellectual Property Rights (IPR), as intangible assets, are a key factor in the competitiveness of your business in the global economy . IP is a primary method for securing a return on investment in innovation and is particularly relevant to Small and
Medium-sized Enterprises (SMEs) as they internationalise their business to areas such as Southeast Asia. Although SMEs often have limited time and resources, it is important to be aware of how IP can be valuable to your business. Not only are IP assets a way to help you protect your innovations from competitors , but they can also be an important source of cash-flow for SMEs through licensing deals or the selling of IP, as well as being a significant pull-factor when attracting investors .
decree issued in 2006, and the Law on Copyrights and Related
Rights (“Copyright Law”) was enacted in 2003. There is not yet any regulation in the field of trade secrets ; however, the Ministry of Commerce is currently in the process of preparing a Law on
Trade Secrets and Undisclosed Information. other remaining laws to be passed include a Law on Geographical Indications and a
Law on Integrated Circuits and Layout Designs . Unofficial English translations of IP laws in Cambodia are available at: http://www.
wipo.int/wipolex/en/profile.jsp?code=KH
Cambodia is also a member of the Paris Convention for the
Protection of Industrial Property , which takes precedent over domestic Cambodian regulations in the case of conflict between the two. In addition, Cambodia is a member of the WIPo
Convention, the Agreement of Trade-Related Aspects of Intellectual
Property Rights (TRIPS), and the Convention on Biological Diversity.
SMEs are businesses which have fewer than 250 employees and a turnover of less than EUR 50 million or a balance sheet total of less than EUR 43 million .
SMEs represent 99% of all enterprises in the EU and account for about 70% of jobs . Their flexibility and growth potential is seen as a major motor of future innovation and job creation , which is pivotal for the prosperity and economic competitiveness of Europe as a whole.
IPR infringement is one of the most common concerns for businesses when dealing with ASEAN countries and its impact on your company could be substantial. Infringement can lead to a loss of business, revenue, reputation and competitive advantage , which in turn affects SMEs both in Southeast Asia and in their core domestic markets. Inadequate protection of inventions and creations can also jeopardise future prospects for maintaining a competitive advantage.
How does Cambodia’s IP legal framework compare to
INTERNATIONAL STANDARDS?
Cambodia was approved for WTo membership in September 2003.
However, due to internal political difficulties, Cambodia did not join the WTo until July 2004 . Prior to its WTo accession, Cambodia began to take steps to ensure that its IP laws were in compliance with its WTo member commitments. The Law Concerning Marks,
Trade Names and Acts of Unfair Competition (“Trade Mark Law”) was enacted in 2002 with a procedural sub-decree passed in
2006. The Law on Patents, Utility Model Certificates and Industrial
Designs (“Patent Law”) was passed in 2003 with a procedural sub-
Although Cambodia has established many new laws in the field of IP, it will be a number of years before Cambodia comes into full WTo compliance. Cambodia’s IP legal framework is still in the early stages of development, and enforcement of IPR in Cambodia remains a problem . Nevertheless, there are procedures in place with respect to registration and enforcement of IPR, which are relatively efficient and which can be used by anyone who wishes to protect their rights in Cambodia.
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IP TIPS and WATCH-OUTS in Cambodia
• Cambodia’s IP laws are not yet in full compliance with the country’s WTo commitments. Although Cambodia’s
IP laws are in the early stages of development, there are fairly efficient procedures in place for registering and enforcing major IP rights (trade marks, patents and copyright).
• There is still no regulation in place in the field of trade secrets. However, a new piece of legislation is currently being drafted.

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A. Copyrights
WHAT are Copyrights?
Copyright is an intellectual property right that protects creations of the mind. The Cambodian Copyright Law grants the exclusive legal right to authors and other right holders to exploit their “works, production of cultural products, performances, phonograms, and transmissions of broadcasting organizations” (Article 1 of the
Copyright Law). More specifically, the following subject matters may be granted copyright protection under Cambodian law:
• Books and other literary, artistic, scientific, and educational documents.
• Lectures, speeches, sermons, oral or written pleadings and other such works.
• Dramatic works and musical dramas.
• Choreographic works.
• Circus performances and pantomimes.
• Musical compositions, with or without words.
• Audio visual works.
• Paintings, engravings, sculptures, etc., or applied arts.
• Photographic works.
• Architectural works.
• Maps, plans, sketches.
• Computer programmes.
• Products of collage work in handicraft, handmade textile products and other clothing fashion.
• Performer’s rights.
Copyrights in Cambodia: What you need to know
Copyright in Cambodia is an automatic protection which arises as soon as the work is created and without any registration requirements . However, works may be voluntarily registered with the Ministry of Culture and Fine Arts.
The author of a work enjoys the exclusive right to that work, which is enforceable against all persons. The author is the person or persons who create(s) a work and the exclusive right covers both the moral and economic rights to the work.
The moral rights include the exclusive right for the copyright owner
(author) to decide on the manner and timing of the publication of the work; whether his or her name shall be attached to the work; and the right to prevent destruction or modification of the work.
Moral rights are perpetual and non-transferable. However, the moral right will, after the copyright owner’s death, transfer to the copyright owner’s heirs.
The economic rights include the exclusive right for the copyright owner to exploit his or her work through authorization of reproduction, communication to the public, and creation of derivative works. Specifically, only the copyright owner may him or herself take, or authorize somebody else to take, the following actions with respect to the work:
• Translate the work.
• Modify the work.
• Rent or lend original copies of audio-visual works or works embodied in phonograms, computer programmes, databases or musical works in the form of musical notation.
• Distribute the work (provided that the work has not previously been sold or had ownership transferred).
• Import reproduction of the work into Cambodia.
• Reproduce the work.
• Perform the work to the public.
• Publicly display the work.
• Broadcast the work.
• Communicate the work to the public by other means.
The Copyright Law also provides a number of limitations to the copyright owner’s moral and economic rights, such as making copies of, or importing works, for private purposes; presenting a work to a close circle of people; and using a work for educational purposes.
The law presumes that the copyright to a work belongs to the natural person or persons in whose name the work is created and disclosed, unless there is evidence to the contrary. In case the work has been created by an employee, within the scope of the employment, the economic rights will transfer to the employer, unless otherwise agreed in a contract.
How LONG does legal protection last?
As mentioned above, moral rights are perpetual and nontransferable . The economic rights, however, last for the lifetime of the author plus another 50 years after the author’s death. The duration of copyright protection for works published by anonymous authors is 75 years from the date of publication of the work.
Collective, audio-visual and posthumous works enjoy protection for
75 years from the day the work was first published.
HOW do I register?
As mentioned above, there is no need to register copyrights; copyright protection arises automatically when the work is created . However, a copyright may be voluntarily registered with the Ministry of Culture and Fine Arts at the address below. An application for registration must contain the following:
1. A record of the author’s real name.
2. The date when the work was first published.
3. The date when the work was created.
4. A record of the author’s right.

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The Ministry of Culture and Fine Arts will then issue a Certificate of Registration (provided that the application is complete). It should be noted that a copyright owner with a registered right is not granted any particular benefits by law. However, a registration certificate may serve as evidence in future administrative or judicial proceedings and can therefore prove extremely useful.
B. Patents, Utility Models and Industrial Design
WHAT are Patents, Utility Models and Industrial Design?
Patents are the set of exclusive rights granted to inventors or their assignees to exploit an invention for a limited period of time .
Patenting an invention publicly discloses information concerning it, but also gives you the right to protect it.
Ministry of Culture and Fine Arts
Address: #227, Norodom Blvd., Phnom Penh
Phone: (855)23 217645
Fax: (855)23 725749
E-Mail: mcfa@cambodia.gov.kh
WHO can register?
Authors and other right holders may proceed with a voluntary registration in accordance with the procedure outlined above.
Foreign right holders may apply through an IP agency with a notarized Power of Attorney .
Which LANGUAGES can I use?
Applications and supporting documents may be in Khmer or
English (documents in other languages are accepted if a Khmer or
English translation is provided).
How much does it COST?
Class of Work
Books, articles, drawings, photos, maps
Architectural works
Handicrafts
Computer software
Phonograph and sound recordings
Digital works (websites)
Fee (in Riels)
20,000
60,000
20,000
60,000
30,000
60,000
The approximate cost in EUR is thus €4-12 depending on the type of work the author/creator wishes to register.
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Copyrights TIPS and WATCH-OUTS in Cambodia
Although copyright in Cambodia arises automatically, it is recommended that you voluntarily register the copyright with the Cambodian Ministry of Culture and Fine Arts for purposes of evidence in future administrative or judicial proceedings.
For more detailed information about the copyright protection system in
Cambodia, look out for the ASEAN IPR SME Helpdesk’s forthcoming Guide to Copyright Protection in the ASEAN Region, to be made available for download from our website in the coming months.
The Patent Law defines an invention as, “the idea of an inventor which permits in practice the solution to a specific problem in the field of technology.” The law further clarifies that an invention may either be, or relate to, both a product and a process. A product patent (i.e., a patent giving protection to the product as such) gives the patent holder the exclusive right to make, import, sell, offer for sale, use, and stock the product for the purpose of sale or use. A process patent (i.e. a patent granted for a process or a method), gives the patent holder an exclusive right to prevent others from using that process/form.
An invention is patentable if it is novel, involves an inventive step, and is industrially applicable. An invention is novel if it is not disclosed to the public, anywhere in the world, prior to the date of filing the application or the priority date. An invention is considered to involve an inventive step if the invention is not obvious to a person skilled in the art. The industrially applicable requirement means that the invention must have a use in at least one kind of industry. The Patent Law excludes certain types of inventions from patent protection, such as discoveries, scientific theories and mathematical methods.
Utility Model Certificates are, similarly to patents, intellectual property rights that protect the technical aspects of inventions .
The Patent Law defines utility models as any invention which is new and industrially applicable and may be, or may relate to, a product or process. Thus, unlike patented inventions, utility models do not need to involve an inventive step. This is the key difference between utility models and patented inventions; whereas utility models may be obvious to a person skilled in the art, patented inventions may not.
An Industrial Design Certificate protects a product’s special appearance, i.e., the combination of the applied art and applied science of the product . The Patent Law grants protection to any composition of lines, colours, three-dimensional shapes, or material, provided that the composition is new. An industrial design is considered new if it has not been disclosed to the public, anywhere in the world, prior to the filing date or the priority date. Moreover, industrial design protection is not granted to an industrial design which serves solely to obtain a technical result.
Patents, Utility Models and Industrial Design in Cambodia:
What you need to know
The registration procedure for patents, utility models and industrial designs in Cambodia is very similar. Cambodia employs the firstto-file system for all three , meaning that if two persons have created the same invention independently of each other, the

4 person whose application has the earliest filing date – or, if priority is claimed, the earliest priority date – is granted the patent, utility model certificate or industrial design certificate. Here the priority date is, the date when an application was first made for the patent, utility model certificate or industrial design certificate in a foreign country. The period of priority starts from the filing date of the first application period) and is then
Certain inventions and designs however, are excluded from patentability and from protection as utility models or industrial designs . For example, inventions and designs that would be contrary to public order or morality, that would be harmful to human, animal or plant life; that would seriously compromise the environment; or inventions and designs otherwise “prohibited by law”.
(the day of filing shall not be included in the
12 months for patents and utility models, and
6 months for industrial designs .
It should be noted that the Cambodian Ministry of Industry, Mines and Energy has the right to allow a government agency or a third party to exploit an invention , utility model, or industrial design on certain public interest grounds. Such grounds include, for example, national security, nutrition, health and development . Moreover, a government agency may also grant a third party the right to exploit the patent if the patent holder has acted anti-competitively .
A patent or utility model certificate application following: must contain the
1. A formal request and application form containing the name, address, nationality and residence of each applicant.
2. If the applicant is the inventor, the application dossier must also contain a Statement of the Applicant’s Right. If the applicant is not the inventor, the application must clearly state each inventor’s name and address, and be accompanied by a statement justifying the applicant’s right to the patent.
3. A description of the invention.
4. one or more clearly stated claims defining the matter for which protection is sought.
5. Drawings, if necessary to understand the invention.
6. An abstract outlining the technical information (the abstract does not affect the scope of protection).
7. Power of Attorney certified by notary public in case of foreign applicant.
8. Foreign filing information of the patent application or utility model certificate application, if filed internationally, and upon request by MME.
How LONG does legal protection last?
Patents last for a period of possibility for renewal .
20 years from the filing date
Utility Model Certificates are valid for
. only 7 years and there is no
As previously mentioned, a patent application may claim priority based on an earlier national, regional, or international application .
If priority is claimed, the MME may request the applicant to additionally submit any search or examination reports relating to the foreign application, a copy of the granted foreign patent or utility model certificate, or foreign office action.
Industrial Design Certificates last for 5 years from the filing date and the registration may be renewed for two further consecutive periods of 5 years each . Thus, the maximum length of protection for an industrial design is 15 years.
HOW do I register?
Patents, utility model certificates and industrial design certificates are granted by, and should therefore be registered with, the
Department of Industrial Property of the Ministry of Industry,
Mines, and Energy (“MME”).
At any time before the granting or refusal of a patent or utility model certificate, the applicant may convert his/her application into an application for a utility model certificate (if the original application was a patent application) or a patent application (if the original application was an application for a utility model certificate). An application may be converted only once.
The application for registration of an industrial design must contain the following:
Ministry of Industry, Mines, and Energy
Address: #45 Norodom Blvd., Phnom Penh
Phone: (855)23 723077 / 724477
Fax: (855)23 428263
E-Mail: mine@cambodia.gov.kh
1. A formal request and application form containing the name, address, nationality and residence of the applicant.
2. If the applicant is not the creator, the request must be accompanied by a statement justifying the applicant’s right to the registration of the industrial design.
3. Drawings, photographs or other adequate graphic representations which embody the industrial design.

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4. A statement indicating the kinds of products for which the industrial design is to be used.
5. If the design is two-dimensional, the application should be accompanied by a sample which embodies the industrial design.
6. A Power of Attorney certified by notary public in case of foreign applicant.
7. Foreign filing information of the industrial design application, if filed internationally and upon request by MME.
The cost of filing a utility model certificate registration with 1-10 claims in Cambodia is 120,000 KHR, which is approximately EUR
20 .
The cost of filing an industrial design registration in Cambodia is
240,000 KHR which is approximately EUR 40 .
WHO can register?
Both nationals and foreigners may file a patent, utility model certificate or industrial design certificate application . However, foreigners must be represented by an agent residing and practicing in Cambodia.
Which LANGUAGES can I use?
Applications and supporting documents may be in Khmer or
English (documents in other languages are accepted if a Khmer or
English translation is provided).
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Patents, Utility Models and Industrial Designs TIPS and WATCH-OUTS in Cambodia
The Cambodian government may revoke patents, utility model certificates and industrial design certificates, and/or shorten the time of protection. The Cambodian Government is also granted the right to exploit a patented invention itself, or allow third parties to do so, for the purpose of promoting “public interests”, including national defence, nutrition, health and development.
How much does it COST?
The cost of filing a patent registration in Cambodia is approximately EUR 115 . This is for filing a patent application with
1-10 patent claims. (Patent claims define the scope of the patent protection. They are described in technical terms and are the legal basis for patent protection). An annual fee must be paid in order to maintain the patent. This fee increases over time, and if not paid, the patent application is deemed withdrawn or the patent lapsed.
The annual fees for maintaining a patent are as follows:
For more detailed information about the patent protection system in
Cambodia, look out for the ASEAN IPR SME Helpdesk’s forthcoming
Guide to Patent Protection in the ASEAN Region, to be made available for download from our website in the coming months.
2 nd Year – Annual fee
3 rd Year – Annual fee
4
5
6 th th th
Year – Annual fee
Year – Annual fee
Year – Annual fee
7 th Year– Annual fee
8
9 th th
10
Year– Annual fee
Year– Annual fee th Year– Annual fee
11 th Year– Annual fee
12
13
14 th th th
Year– Annual fee
Year– Annual fee
Year– Annual fee
15 th Year– Annual fee
16
17
18 th th th
Year– Annual fee
Year– Annual fee
Year– Annual fee
19 th Year– Annual fee
20 th Year– Annual fee
80,000 (approx. EUR 15)
80,000 (approx. EUR 15)
160,000 (approx. EUR 30)
400,000 (approx. EUR 70)
560,000 (approx. EUR 100)
720,000 (approx. EUR 130)
880,000 (approx. EUR 160)
1,040,000 (approx. EUR 190)
1,200,000 (approx. EUR 200)
1,400,000 (approx. EUR 260)
1,600,000 (approx. EUR 290)
1,800,000 (approx. EUR 330)
2,000,000 (approx. EUR 370)
2,200,000 (approx. EUR 400)
2,440,000 (approx. EUR 450)
2,680,000 (approx. EUR 490)
2,960,000 (approx. EUR 540)
3,240,000 (approx. EUR 590)
3,560,000 (approx. EUR 650)

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C. Trade Marks
WHAT are Trade Marks?
Trade marks are symbols or words legally registered to distinguish a product or a service . The Cambodian Trade Mark Law provides trade mark owners the right to prevent others from using identical or confusingly similar marks for their own goods and services.
Trade Marks in Cambodia: What you need to know
Cambodia’s Trade Mark Law was adopted fairly recently in 2002, followed by a sub-decree on its implementation in 2006. With the
Trade Mark Law being so recent, there are still significant gaps and uncertainties with respect to its application and interpretation.
However, despite legislative shortcomings and enforcement difficulties, the Trade Mark Law does provide effective procedures for the registration of trade marks. It is therefore recommended to register trade marks, as this strengthens rights and simplifies enforcement.
Trade mark protection may be granted for words and symbols that are visually capable of distinguishing the goods or services of an enterprise . The trade mark law also allows for the registration of collective marks, trade names, and geographical indications and additionally, although not addressed by the Trade Mark Law, threedimensional trade marks may also be registered (providing that they meet the requirement of distinctiveness).
Cambodia applies the first-to-file principle to trade marks . This differs from some European countries where the first to use a trade mark can be granted the rights to it.
How LONG does legal protection last?
Trade mark protection lasts for 10 years from the filing date of the trade mark application . However, a trade mark owner may request renewal of the registration for consecutive periods of ten years, provided that the trade mark owner pays a set renewal fee.
This fee is equivalent to the initial registry fee of the trade mark
(please see “How much does it CoST?” below).
HOW do I register?
The application for trade mark registration should be submitted to the Ministry of Commerce’s Department of Intellectual Property
(“DIP”) and must contain the following information/documents:
1. A standard application form (provided by DIP).
2. 15 trade mark specimens.
3. A translation/transliteration of non-English marks.
4. A list stating the goods or services the trade mark will be used for.
5. An applicant who has already registered a trade mark in another Paris Convention member state will have priority in registering the trade mark in Cambodia. If priority date is claimed, the application must include this application number, the priority date, and the country of registration. An original certified copy of the priority application and the English translation may also be needed.
6. A notarised Power of Attorney if the application is filed by an agent.
Even though not a signatory, Cambodia follows the Nice
Agreement for classification of goods and services . It should be noted that an applicant may only apply for one mark in one class of goods/services per application . Thus, if the applicant wishes the trade mark to be registered in more than one class, separate applications must be filed for each class. Figure marks are classified in accordance with the Vienna Classification system.

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It usually takes about 6 months from the filing date to obtain a Certificate of Trade Mark Registration (provided that the application is correct) and when the Certificate of Trade Mark registration has been issued, the trade mark owner is then obliged to use the trade mark in Cambodia. Six years from this issuance , and from each term of renewal, the trade mark owner must also submit an Affidavit of Use or Non-Use , and pay an official fee . If the affidavit is not submitted, the trade mark registration may be cancelled upon a third party’s request.
Ministry of Commerce Department of Intellectual Property
Address: #20 A-B, Norodom Blvd., Phnom Penh
Phone: (855)23 427358 / 725585
Fax: (855)23 426396
E-Mail: kunkoet@moc.gov.kh
WHO can register?
Both domestic and foreign applicants may register . Foreign applicants, however, must be represented by an IP Agent residing and practicing in Cambodia.
D. Trade Secrets
WHAT are Trade Secrets?
A trade secret is a commercially valuable piece of information that is not known, or readily ascertainable, and gives the holder an economic advantage over competitors and customers .
Trade Secrets in Cambodia: What you need to know
Cambodia has not yet adopted a specific law on trade secrets.
However, a draft law is currently being negotiated. Until
Cambodia has adopted the Law on Trade Secrets and Undisclosed
Information, trade secrets may be protected under other laws.
For example, to maintain information in employment or other contractual relationships, a non-disclosure agreement may be used and enforced pursuant to the Contract Law of 1998.
!
Trade Secrets TIPS and WATCH-OUTS in Cambodia
There is not yet a law specific to trade secrets in Cambodia.
However, as with trade secrets in other countries your business should take sound internal measures to ensure your trade secrets are not accidentally or intentionally leaked to competitors or to the public.
Which LANGUAGES can I use?
Applications and supporting documents may be in Khmer or
English (documents in other languages are accepted if a Khmer or
English translation is provided).
How much does it COST?
The filing fee for trade mark registrations (including priority claim and publication) in Cambodia (per trade mark class) is approximately EUR 95 per 10-year term.
!
Trade Marks TIPS and WATCH-OUTS in Cambodia
Cambodia’s Trade Mark Law was only recently adopted. As a result, there are still significant gaps and uncertainties with respect to the Trade Mark Law’s application and interpretation.
For more detailed information about trade secrets protection in Cambodia, look out for the ASEAN IPR SME Helpdesk’s forthcoming Guide to
Protecting your Trade Secrets in the ASEAN Region, to be made available for download from our website in the coming months.
For more detailed information about trade mark protection in Cambodia, look out for the ASEAN IPR SME Helpdesk’s forthcoming Guide to Protecting your Trade Mark in the ASEAN Region, to be made available for download from our website in the coming months.

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WHAT are Customs?
An IPR owner can pursue infringers in different ways, one of which is to apply for border control measures. This means that the
IPR holder files a request to the customs authorities to suspend customs clearance and destroy counterfeit goods.
Customs in Cambodia: What you need to know
Border control measures are only available to trade mark and copyright owners and are regulated by the Law on Marks, Trade
Name and Acts of Unfair Competition. The law does not provide a procedure for suspension of customs clearance for goods that infringe patents, utility model certificates or industrial design certificates .
Because most infringing goods in Cambodia are imported into the country , filing a request to suspend customs clearance and destroy counterfeit goods can therefore be an effective means to enforce your trade marks in Cambodia.
It should be noted that customs has no authority to order damages in cases of infringement . However, in order to prevent abuse of the system, customs does have authority to order payment of compensatory damages to the importer in case of wrongful application. A request to suspend customs clearance and destroy counterfeit goods may also be filed with the civil court.
WHAT can be registered?
Any counterfeit goods may be registered . Counterfeit goods may include any goods/packaging that bear, without authorisation, a trade mark which is identical to a registered trade mark, or goods/ packaging which cannot be distinguished from a registered trade mark. However, it should be noted that border control measures are only available in clear-cut cases of infringement.
1. A statement showing prima facie evidence (evidence which supports the claim) of counterfeit.
2. A description of the goods.
3. Proof of trade mark registration.
4. The applicant’s information.
The authorities may also require the applicant to pay a security deposit or provide other assurance for the suspension.
The customs authorities must notify the applicant within 10 working days from the submission of the request if the application has been granted, rejected or reserved for further consideration.
WHO can register?
only trade mark owners are eligible to request border control measures . Both domestic and foreign applicants may register.
Foreign applicants, however, must be represented by an IP Agent residing and practicing in Cambodia.
Which LANGUAGES can I use?
Applications and supporting documents may be in Khmer or
English (documents in other languages are accepted if translated into Khmer or English).
How much does it COST?
official costs are not available. There is no set official cost . The authorities, however, may on a case by case basis require the applicant to pay a security deposit or provide other assurance for the suspension.
!
Customs TIPS and WATCH-OUTS in Cambodia only clear-cut cases of infringement may be subject to border control measures.
How LONG does legal protection last?
The customs authority will suspend clearance of the goods for a defined period and this period may not be extended for more than
10 working days . Moreover, if the applicant wishes to destroy the counterfeit goods, civil court proceedings must be initiated within
10 working days of suspension of the goods because the customs authorities may only destroy counterfeit goods with a court’s approval. The customs authority will release the goods if the applicant does not initiate court proceedings.
HOW do I register?
An application for suspension of customs clearance should be submitted to the customs authority and must contain:
The law does not provide a procedure for suspension of customs clearance for goods that infringe patents, utility models or industrial designs.

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If your IP assets are being infringed in Cambodia, there are three main avenues of enforcement which you can consider: civil litigation, criminal prosecution, and customs seizures (customs are described separately in Part 3 above). In many cases, however, private mediation via legal professionals is more effective and should be considered as a viable option.
Civil Litigation
A copyright owner whose rights have been violated may file a petition to the court requiring that the defendant stops the infringement and pays compensation to the copyright owner in the form of damages. The copyright owner may in the petition, also seek the return of the disputed equipment or materials, as well as the return of any benefits that were gained from the infringement. The court may also order confiscation or destruction of equipment or materials being produced or used and it has the authority to seize all necessary evidence, such as illegal copies.
However, the copyright owner is responsible for any injury caused to the defendant if his/her petition is proved to be unfounded by the court.
Trade mark owners and owners of patents, utility model certificates and registered industrial designs may sue for monetary damages and/or specific relief in Cambodian civil court. It should be noted that only trade mark owners or licensees (under certain conditions) may seek civil remedies for trade mark infringement where such remedies include the power to grant injunctions, awards and monetary damages etc. The court also has the power to order preliminary injunctions or temporary restraining orders to prevent infringement or imminent infringement, or to preserve evidence.
Criminal Prosecution
A copyright owner may also seek criminal prosecution of the infringers . Copyright infringement is punishable by imprisonment or fines or both, with a double penalty for repeat offenders. The punishment depends on the type of infringement: Infringement of production or reproduction is punishable by 6 to 12 months imprisonment and/or by a fine of between approximately EUR
930 to EUR 4,650 ; In the case of importation or exportation of infringing copies, the defendant may be punished by between
6 to 12 months of imprisonment and/or by a fine of between approximately EUR 370 to EUR 1,860; The punishment for performance or communication to the public is 1 to 3 months of imprisonment and/or a fine of approximately EUR 190 to EUR 930.
As with the case of civil infringement of copyright, the court may order confiscation and/or destruction of infringing copies and the revenue gained through the act of infringement.
Trade mark infringement (including forgery and wilful import, sale, offer for sale or for having the purpose to sell goods bearing a forgery of a trade mark) is punishable with fines ranging from
EUR 190 to EUR 3,700 and/or imprisonment for 1 to 5 years . The maximum penalty for a repeat offender is the doubling of both the fine and term of imprisonment. Goods that are imported, sold, offered for sale or held for the purpose of sale in violation of the law shall be confiscated or destroyed, whether or not anyone has been convicted of an offence. In cases where the infringer is a juristic person (e.g. a company), the managing director, manager or legal representative may be criminally prosecuted, unless evidence is provided by the defendant that he or she had no knowledge of the infringement/counterfeit.
The penalty for infringement of patents, utility model certificates and registered industrial designs may be punishment by fine ranging from approximately EUR 930 to EUR 3,700 and/or by imprisonment ranging from 1 to 5 years. The maximum penalty for a repeat offender is the doubling of both the fine and term of imprisonment. Where a person is found guilty of patent infringement or an infringement of a utility model or industrial design, the competent court may also order the confiscation or destruction of the infringing goods.
!
Enforcement TIPS and WATCH-OUTS in Cambodia
Initiating civil procedure in Cambodian civil court can be time-consuming and expensive due to systematic problems in the Cambodian judiciary. However, the civil court does have the authority to grant damages. For copyright and trade marks, taking border control measures is a viable option to enforce their rights in Cambodia. Border control measures, however, are not available to patent owners, or owners of utility model certificates and industrial designs.
For more detailed information about IP enforcement in Cambodia, look out for the ASEAN IPR SME Helpdesk’s forthcoming Guide to IP Enforcement in the ASEAN Region, to be made available for download from our website in the coming months.

Visit the ASEAN IPR SME Helpdesk website for further relevant information, such as how to deal with business partners in the ASEAN region
Visit the Helpdesk blog www.yourIPinsider.eu
for related articles on IP in South-East Asia and China
EU Delegation to Cambodia
World Intellectual Property organisation (WIPo)
Ministry of Culture and Fine Arts
Ministry of Industry, Mines, and Energy
Ministry of Commerce Department of Intellectual Property
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The ASEAN IPR SME Helpdesk provides free, confidential, business-focused advice, relating to
ASEAN IPR to European Small and Medium Enterprises (SMEs).
Helpdesk Enquiry Service: Submit further questions to the Helpdesk via phone, email
(question@asean-iprhelpdesk.eu) or in person and receive free and confidential first-line advice within five working days from an ASEAN IP expert.
Training: The Helpdesk arranges training on ASEAN IPR protection and enforcement across Europe and Southeast Asia, tailored to the needs of SMEs.
Materials: Helpdesk business-focused guides and training materials on
ASEAN IPR issues are all downloadable from the online portal.
Online Services: Our multi-lingual online portal (www.asean　 iprhelpdesk.eu) provides easy access to Helpdesk guides, case studies, E-learning modules, event information and webinars.
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Disclaimer:
The contents of this publication do not necessarily reflect the position or opinion of the European Commission. The services of the ASEAN IPR SME Helpdesk are not of a legal or advisory nature and no responsibility is accepted for the results of any actions made on the basis of its services. Before taking specific actions in relation to IPR protection or enforcement all customers are advised to seek independent advice.
Guide developed in collaboration with Tilleke & Gibbins.
Guide Last Updated: September 2013