What are the causes of counterfeiting and piracy in Cambodia?
Long Sreng, Deputy Anti-Economic Crime Department Director in Cambodia's Interior Ministry, cites that a lack of understanding, low levels of law enforcement, and poverty are the reasons why counterfeit products are sold across the Kingdom.
Which are the goods that most often face counterfeiting and piracy in Cambodia?
Medicines, poor quality foodstuff, and cosmetics containing toxic chemicals are the goods that most often face counterfeiting and piracy.
Does Cambodia have a well-established framework for the enforcement of Intellectual Property Rights (IPRs)?
Yes
What are the specific laws/orders/rules laid down in Cambodia for the enforcement of Intellectual Property Rights?
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 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 Integrated Circuits and Layout Designs while the Law on Geographical Indications was passed in 2014.
What are the different types of IPRs protected by IPR enforcement in Cambodia?
Trademarks, Layout Designs of Integrated Circuits, Copyright, GIs, and Industrial Designs are the types of IPRs protected by IPR enforcement measures.
What are the general IPR enforcement obligations in Cambodia?
What are the essential to-dos before an IP rights holder initiates the enforcement proceedings?
Firstly, it is imperative to have an overall strategy to protect the IP assets. It is the responsibility of the rights holders to register, protect, and enforce their rights where relevant, retaining their own counsel and advisors. Companies may wish to seek advice from local attorneys or IP consultants who are experts in Cambodian law.
Is there any limitation period for filing an infringement action?
No
Which of the following IPR enforcement channels is/are available in Cambodia?
A) Government Authorities -
B) Police Officials - Yes
C) Judiciary - Yes
D) Customs - Yes
Are civil actions available for the enforcement of IPRs?
Yes
Is the IP rights holder required to present reasonable evidence to support his claims of infringement against the opposing party in civil litigation?
Yes
Which of the following types of civil remedies is/are available in Cambodia?
A) Injunctions - Yes
B) Monetary Compensation - Yes
C) Raids - Yes
D) Seizures - Yes
E) Destruction - Yes
Are there any other civil remedies available in Cambodia than the ones mentioned above? If yes, then kindly explain in brief.
No
What is the approximate timeline of civil litigation related to IPR enforcement in Cambodia?
The approximate timeline of civil litigation related to IPR enforcement is more than a year. The upper limit depends on the complexity of each case.
What happens if an IP rights holder abuses the enforcement measures in civil litigation?
Are there any disadvantages of civil litigation in Cambodia? If yes, then kindly give 2-3 points?
Initiating civil and criminal proceedings in Cambodia can be time-consuming and expensive, and the outcomes can be unpredictable due to systemic problems in the Cambodian judiciary. However, the courts do have the authority to grant damages and permanent injunctions and punish the offenders.
Is criminal prosecution available in Cambodia for the enforcement of IPRs?
Yes
Is the IP rights holder required to present reasonable evidence to support his claims of infringement against the opposing party in criminal prosecution?
Yes
Which is the responsible authority in Cambodia corresponding to the types of criminal remedies available? Also, mention the imprisonment term and the monetary fine.
A) Responsible Authority - Cambodia Counter-counterfeit Committee (CCCC), courts, and Customs
B) Imprisonment Term - Patent: 01 to 0 5 years; Copyright: up to 12 months
C) Monetary Fine - Patent: Riels 01 million to Riels 20 million; Copyright: CR5 million and CR25 million
Are there any other criminal remedies available in Cambodia than the ones mentioned above? If yes, then kindly explain in brief.
No
What happens if an IP rights holder abuses the enforcement measures in criminal prosecution?
Are there any disadvantages of criminal prosecution in Cambodia? If yes, then kindly give 2-3 points?
Criminal prosecution is time consuming and expensive.
Are there any alternative dispute resolution mechanisms which allow parties to resolve their dispute out of court?
Private mediation using IP professionals, administrative proceedings through the Department of Intellectual Property Rights (DIPR) are the alternative dispute resolution mechanisms, which allow parties to resolve their dispute out of court.
Are border control measures (customs) available in Cambodia for the enforcement of IPRs?
Yes
Is the IP rights holder required to present reasonable evidence to the customs authority/department to support his claims of infringement against the opposing party/importer of counterfeit goods?
Yes
What are the remedies available under border control measures (customs) in Cambodia?
There is no such remedy afforded through border measure. It is only after the approval of the court via order where one can request the destruction of goods to be processed.
Who must bear the costs of customs intervention during enforcement?
The official fees are not yet published. The authorities may require applicants to post security during the suspension.
What happens if an IP rights holder abuses the enforcement measures in Custom Recordal of IPRs?
The goods are released for circulation if an IP rights holder abuses the enforcement measures in Custom Recordal of IPRs.
Which are the best practices for enforcement of IPRs in Cambodia?
Private mediation or administrative proceedings are among the best practices for enforcement of IPRs.
Are there any risks involved in the enforcement of IPRs in Cambodia? If yes, then kindly give 2-3 points.
Yes, concerning customs, there is no exact measure enforced by the law. Secondly, court proceedings are long, costly, and unpredictable