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KENFOX IP & Law Office > IP challenges in the 21st century

22nd ASEAN INTELLECTUAL PROPERTY ASSOCIATION ANNUAL MEETING & CONFERENCE

IP CHALLENGES IN THE 21st CENTURY

CURRENT IP DEVELPOPMENT IN CAMBODIA

Phnom Penh April 07, 2018

 

 

I. INTELLECTUAL PROPERTY ADMINISTRATION

 

  • Sub-Decree No. 142 dated Sept 18, 2008 on the Establishment of the National Committee for Intellectual Property (NCIP).
  • 14 ministries are members

 

 

 

Organization Chart of DIP

 

 

Organization Chart of DIP

 

Organization Chart of DCR

 

II. RESEARCH & DEVELOPMENT

  • The National Council for Science and Technology established by the Royal-Decree of Acting Head of State, Samdach Akak Mohathoampothisal Chea Sim, No. 1136 on September 08, 2014
  • 26 members

 

III. INTELLECTUAL PRPERTY ENFORCEMENT IN CAMBODIA

  • Government Decision No.54 on Establishment for Suppression of Movie and Video Infringement, dated Feb 28, 2014
  • Sub-Decree No. 150 on the Establishment  of the Counter Counterfeit Committee, Oct 31, 2014

 

IP ENFORCEMENT AGENCIES

 

V. LITIGATION PROCEDURE IN CAMBODIA 

 

VI. Membership of International Conventions & Treaties

  • Madrid Protocol on June 05, 2015
  • Patent Cooperation Treaty (PCT) on Dec 08, 2016
  • The Hague Agreement Concerning the International Registration of Industrial Design on Feb 25, 2017
  • Geneva Act of Lisbon Agreement of Appellations of Origin and Geographical Indication, March 09, 2018

 

VII. The International Cooperation

  • MoU on Trade Relations and IPRs Protection Agreement (CAM-USA) Oct 04, 1996
  • MoU on IP Cooperation (CAM-THAILAND) on March 05, 1.997
  • ASEAN-CHINA on IP Cooperation in 2009
  • ASEAN-Australia NZFTA in 2010
  • EPO-ASEAN on IP Cooperation 2014

 

VIII. The National Legal Framework

 

Cambodian Sub-Decrees concerning IP

  • Sub-Decree No 63 on the Management and Control of Movie Arts and Video, Sept 04, 2000
  • Sub-Decree No. 142 on the Establishment of the National Committee for IP, Sept 18, 2008
  • Sub-Decree No: 150 on the Establishment of the Counter Counterfeit Committee for IP, Oct 21, 2014

 

Related Laws and regulations concerning enforcement:

  • Civil Code and Civil Procedure dated July 17, 2007;
  • Criminal Code and Criminal Procedure of November 27, 2009;
  • Law on the Management of Quality and Safety of Products and Services dated June 21, 2000;
  • Customs Law dated July 20,2007;
  • Law on the Management of Pharmaceutical Products dated May 09, 1996;
  • Sub-decree on Solid Waste Management-1999

 

IX. Current Development

 

The Online Mark Filing System

  • Geneva Act
  • One village one brand

 

X. Key Challenges

  • Laws and regulations
  • Enforcement official’s capacity building.
  • Collaboration among enforcement agencies, especially clear-cut responsibility.
  • Right holders have to collaborate with enforcement authorities
  • Education and awareness raising (IP Curriculum Media, etc.)
  • Neither Specialized courts nor specialized judges
  • Regional & Int’l cooperation

 

XI. Conclusion

 

To strengthen IP development, the IP Stakeholders shall take part in IP awareness, commercialization, enforcement, litigation, ADR, preventive measure, partnership with private sector, and collaboration with enforcement agencies.