SCHMITT & ORLOV
in association with
Helene & Associates
Enforcement of Intellectual
Property Rights in Cambodia
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Part 1: IPR Environment
[1] Intellectual Property and Conducting Business in Cambodia
• IPR is key to the competitiveness of your
business.
• IPR infringement is one of the key concerns for
foreign businesses when dealing with ASEAN
countries.
• Cambodian IPR laws and enforcement is
currently undergoing positive changes.
Loss of
revenue
Loss of
business
Consequences
of IPR
Infringement
Loss of
reputation
Loss of
competitive
advantage
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Part 1: IPR Environment
[2] Counterfeit Goods
• Nature: mostly garment, cosmetics,
pharmaceutical, alcohol and more
recently a growing presence of DVDs/
CDs or other copyrighted material.
• Volume: based on surveys taken in
stores, about 52% of goods are
counterfeit.
• Traffic: main origin is China, thus
importance of border enforcement.
China
Laos
Thailand
Vietnam
Cambodia
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Part 1: IPR Environment
[3] Parallel Imports
• Parallel imports (also known as gray market goods) refers to genuine branded goods obtained
from one market (i.e. country, economic area, etc.) that are subsequently imported into
another market and sold there without the consent of the IP owner –def. by INTA.
• PI are often imported into Cambodia from Thailand or Vietnam, and Laos to a lesser extent.
• Problem:
• Backdoor leakages,
• Non-authorized distribution.
• Solutions:
• Review contracts with suppliers (NDA, define IP content, etc.),
• Factory trainings,
• IPR awareness campaigns, etc.
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Part 2: Enforcement Measures and Authorities
[1] Comparative Look at Intellectual Property Rights in Cambodia
• Cambodia has enacted laws protecting the holders of
copyrights, patents and trademarks.
• Patents and trademarks must be registered, while
copyrights can be voluntarily registered (as in China, the
United States and Germany).
• Similarly to China, Cambodia uses the “first-to-file”
system for trademarks and patents, as opposed to the
“first-to-use” principle in the United States and many
European countries.
Right
COPYRIGHT
Definition
Exclusive right granted for literary,
artistic and scientific works.
PATENT
Exclusive right granted for an
invention “the idea of an inventor
which permits in practice the
solution of a specific problem in
the field of technology”.
TRADEMARK
Sign used to identify a business
products, services.
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Part 2: Enforcement Measures and Authorities
[2] Enforcement of IPR in Cambodia
3 main avenues of enforcement which you can consider – civil enforcement, criminal enforcement,
and administrative enforcement/mediation
Civil Proceedings
• Trademark owners may sue for monetary
damages in the Cambodian Civil Courts.
• The Court has the power to grant
provisional measures, injunctions and
damages.
Criminal Proceedings
• Trademark infringement is punishable
by 1-5 years imprisonment and/or
fines ranging from 190-3,700 euros.
• The maximum penalty for a repeat
offender is the doubling of both the
fine and terms of imprisonment.
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Part 2: Enforcement Measures and Authorities
[3] Enforcement of IPR in Cambodia
• Border control measures are another way of
enforcing IPR rights for trademark and copyright
owners. They are not available for patent
owners.
• The customs authority will suspend clearance of
the goods for a defined period – which can be
extended by up to 10 working days.
• Destruction and fines.
• CAMCONTROL is the co-authority for border
enforcement.
• CAMCOMTROL’s main mandate is the protection
of consumers – they focus strongly on health
and safety issues concerning goods.
• Both customs and CAMCONTROL trainings can
be organized focusing on the main ports of
entry from Thailand, Vietnam and Laos.
• This training is crucial to enhancing the ability
of officials to recognize counterfeit goods.
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Part 2: Enforcement Measures and Authorities
[4] Enforcement of IPR in Cambodia
• Similarly to the United States, there is no federal agency solely responsible for
administrative enforcement. The responsibility is divided among different
agencies: according to the nature of each case, it is crucial to identify the best
interlocutor.
• DIP Mediation – important consideration
• Counter Counterfeit Committee of Cambodia
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MAIN TAKE AWAY LESSONS
•
•
•
•
•
•
•
•
REGISTER, REGISTER – whatever your size – small cafes, to multinationals – English/Khmer
USE YOUR TM AS REGISTERED – R symbol, TM symbol
SENSIBILISE YOUR STAFF – NDA/IP ARTICLES IN CONTRACTS/TRADE SECRETS
KEEP AN EYE OUT ON THE MARKET
CUSTOMS/CAMCONTROL AT THE BORDER
ACT FAST IF INFRINGEMENTS FOUND
WHO IS THE INFRINGER – MAIN PERSON BEHIND THE INFRINGEMENT/FACTORY
WHICH CHANNEL TO DO YOU WANT TO USE – WL, DIP MEDIATION, CRIMINAL, CIVIL, ETC.
BE PROACTIVE
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IPR ENFORCEMENT IN CAMBODIA
THANK YOU!
FOR ANY QUESTIONS FEEL FREE TO CONTACT US:
ipr@schmitt-orlov.asia
SCHMITT&ORLOV – IN COOPERATION WITH HELENE & ASSOCIATES
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