IP Development in Cambodia

WTO Workshop Realizing Developmental of the IP System: LDCs Priority Needs for Technical and Financial Cooperation

Geneva, 12-13-June-2014

TA Bunnget Chief of Legal Affairs, Bureau of Cooperation and Legal Affairs,

Department of Intellectual Property RightsMinistry of Commerce

Contents1. IP offices and National Committee for IPR2. Legislations3. International Cooperation and accession to

international treaties4. Draft National IP Strategy in Cambodia

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IP Offices1. Three IP Offices:

a. Ministry of Commerce: Department of Intellectual Property Rights and Secretariat of the National Committee for Intellectual Property Rights (NCIPR)

b. Ministry of Industry and Handicraft: Department of Industrial Property

c. Ministry Culture and Fine Arts: Department of Copyright and Related Rights

2. National Committee for Intellectual Property Rights (NCIPR) of Cambodia

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National Committee for Intellectual Property Rights (NCIPR)

National Committee for Intellectual Property Rights

(NCIPR) Minister of Commerce as

Chairman

Ministry of Industry and Handicraft: Department of

Industrial Property20 people

Ministry of Commerce: Department of

Intellectual Property Rights

78 people

Ministry Culture and Fine Arts:

Department of Copyright and Related Rights

20 people

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NCIPR Objectives:• Stimulate and assure a single national policy on

intellectual property• Enhance a smooth cooperation between

ministries and institutions• Preparing, disseminating, and enforcing laws

and regulations of intellectual property rights• Receiving and utilizing effectively technical

assistance• Cooperate with competent authorities and

courts to prevent and eradicate infringement IPR5

• Research and study of international agreementsand conventions related to IPR for membership of Cambodia

• NCIPR established by Prime Minister• NCIPR have 14 Ministries • Department of Intellectual Property Rights of

the Ministry of Commerce is Secretariat of NCIPR

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Legislations• Law on Mark, Trade Name, and Act of Unfair

Competition on 07 February 2002.– Prime Minister’s Sub-Decree on the Implementation of

the Law on Mark, Trade Name, and Act of Unfair Competition on 12 July 2006.

– Declaration on Legal IP Trademark Agent on 01 February 2011.

• Law on Patents, Utility Model Certificates, and Industrial Designs on 22 January 2003. – Declaration on the Procedure for Grant of Patents and

Utility Model Certificates on 29 June 2006, – Declaration on the Procedure for Registration of Industrial

Designs on 29 June 2006.7

Legislations (continue)• Law on Copyright and Related Rights: Law on

Copyright and Related Rights on 05 March 2003.• Law on Seed Management including Breeder Right

Protection on 13 May 2008.• Declaration on Company Name Search on October 30,

2012.• Law on Geographical Indication (GI): January 2014.• Draft Law on Compulsory Licensing for Public Heath at

Secretariat of National Committee for Intellectual Property Rights.

• Draft Declaration on Trademark Manual (late 2013).

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Date Description/Member of / Signatory25 July 1995 World Intellectual Property Organization 04 Oct 1996 Trade Relations and IPR Protection

Agreement Cambodia-USA05 Mar 1997 MoU Cambodia-Thailand22 Sept 1998 Member of Paris Convention30 April 1999 ASEAN Framework Agreement on IP

Cooperation February 2003 EC-SEAN Intellectual Property Rights

Program (ECAP II), now ECAP III

International Cooperation

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13 Oct 2004 Member of WTO, member of TRIPS14 Jul 2006 Trade Investment Framework Agreement

(TIFA) with Cambodia-USA23 Mar 2011 MoU Cambodia-China21 Dec 2009 ASEAN-CHINA01 Jan 2010 ASEAN-ANZ11 July 2012 ASEAN-JAPAN

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Accession to International Treaties

Budapest Hague Madrid Protocol PCT

Berne Paris PLT Rome Singapore

TLT WCT WPPT WTO

Locarno Nice Strasbourg Vienna

use use

Classification

Global Protection System

IP Protection

： In Force

： Considering the accession

in the near future

■

■

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Challenges of Accession to Madrid• Change from single class to multi classes • Local agent may challenge• Human resources – limited experience, knowledge,

numbers of trademark examiners• Infrastructure – need upgrade space, Internet,

IT equipment and systems – Madrid module (WIPOs IPAS)

• Training examination and administration• Public awareness – public/business• Limitation of Finance Law – renegotiate for

flexibility12

Basing on the result of the two years of implementation of the IP Action Plan, we have developed Second term 4 years of Action Plan –2012-2015.The Action Plan (2012-2015) included:1- Work Program of WTO- 1st TPR, 2- the remaining of Actions Plan 2010-2011, 3- Cambodia commitments with WTO and ASEAN, and 4- Actual activities needed to comply with the TRIPS.

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Implementation of IP Action Plan (2012-2015)

Draft Cambodian National IP Strategy

• 4 Objectives• 6 key sectors: 1.Agriculture, 2.Culture,

3.Education, 4.Health, 5.Industry & Commerce, and 6.Tourism

• 37 Initiatives• Timing: -Short Term: 2013-14, -Short to

medium term 2014-16, -Medium term 2016-18, -Medium to longer term 2018-23

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Objective 1: Improve the capability and capacity within the Cambodianeconomy to provide and use intellectual property servicesto support Cambodia’s economic development.

Objective 2: Improve the capability and capacity within the CambodianGovernment to deliver intellectual property policy,services and enforcement to support Cambodia’sagricultural, commercial, industrial and cultural sectorsand the tourism industry.

Objective 3: Improve awareness and understanding within thebroader population of the economic role of intellectualproperty to support the increasing use of the intellectualproperty system by Cambodian businesses.

Objective 4: Develop and maintain Cambodia’s intellectual property legislation with international standards to meet Cambodia’s economic and social needs. 15

- Limited IP awareness of enforcement bodies, and the public;

- No Divisions responsible for Secretariat of NCIPR, IP Training and Awareness, and Madrid Protocol;

- Lack of some laws and regulations relating to IP Enforcement;

- Lack of information sharing and coordination, especially among IP enforcement agencies;

- Budget constraint; - Lack of human resources, especially capable officials;- Limitation of capacity in receiving of TA and

cooperation of some Agencies.

Currently Challenges and Needs

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- Training on TRIPs Compared to Cambodian IP Law;

- Review all IP Law for TRIPs Compliance;- Propose Workshop/Training On Geographical

Indication (GIs) and Public Brochure on GIs;- IP Training and Awareness on Madrid Protocol and

Administration;- Support Study Tour/Training Abroad (Budget

constraint); - IT Equipment if possible.

Currently Needs

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Many Thank!tabunnget@yahoo.comwww.cambodiaip.gov.kh

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