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 Rights Ministry of Commerce

Contents 1. IP offices and National Committee for IPR 2. Legislations 3. International Cooperation and accession to international treaties 4. Draft National IP Strategy in Cambodia

2

IP Offices 1. 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 3

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 Property 20 people

Ministry of Commerce: Department of Intellectual Property Rights 78 people

Ministry Culture and Fine Arts: Department of Copyright and Related Rights 20 people 4

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 IPR 5

• Research and study of international agreements and 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

6

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). 8

International Cooperation Date 25 July 1995 04 Oct 1996 05 Mar 1997 22 Sept 1998 30 April 1999 February 2003

Description/Member of / Signatory World Intellectual Property Organization Trade Relations and IPR Protection Agreement Cambodia-USA MoU Cambodia-Thailand Member of Paris Convention ASEAN Framework Agreement on IP Cooperation EC-SEAN Intellectual Property Rights Program (ECAP II), now ECAP III 9

13 Oct 2004 14 Jul 2006 23 Mar 2011 21 Dec 2009 01 Jan 2010 11 July 2012

Member of WTO, member of TRIPS Trade Investment Framework Agreement (TIFA) with Cambodia-USA MoU Cambodia-China ASEAN-CHINA ASEAN-ANZ ASEAN-JAPAN

10

Accession to International Treaties IP Protection Berne

Paris

PLT

Rome

TLT

WCT

WPPT

Singapore

WTO

Global Protection System Budapest

Hague

Madrid Protocol

PCT

■ Classification Locarno

Nice use

Strasbourg

Vienna use

： In Force

■ ： Considering the accession in the near future 11

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 flexibility 12

Implementation of IP Action Plan (20122015) 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. 13

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 201618, -Medium to longer term 2018-23 14

Objective 1:

Improve the capability and capacity within the Cambodian economy to provide and use intellectual property services to support Cambodia’s economic development.

Objective 2:

Improve the capability and capacity within the Cambodian Government to deliver intellectual property policy, services and enforcement to support Cambodia’s agricultural, commercial, industrial and cultural sectors and the tourism industry. Improve awareness and understanding within the broader population of the economic role of intellectual property to support the increasing use of the intellectual property system by Cambodian businesses.

Objective 3:

Objective 4:

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

Currently Challenges and Needs - 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. 16

Currently Needs - 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. 17

Many Thank! [email protected] www.cambodiaip.gov.kh 18