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Enforcement of IPRs in Cambodia


Enforcement of IPRs
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.
Medicines, poor quality foodstuff, and cosmetics containing toxic chemicals are the goods that most often face counterfeiting and piracy.
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.
Trademarks, Layout Designs of Integrated Circuits, Copyright, GIs, and Industrial Designs are the types of IPRs protected by IPR enforcement measures.
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.
A) Government Authorities -
B) Police Officials - Yes
C) Judiciary - Yes
D) Customs - Yes
A) Injunctions - Yes
B) Monetary Compensation - Yes
C) Raids - Yes
D) Seizures - Yes
E) Destruction - Yes
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.
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.
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
Criminal prosecution is time consuming and expensive.
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.
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.
The official fees are not yet published. The authorities may require applicants to post security during the suspension.
The goods are released for circulation if an IP rights holder abuses the enforcement measures in Custom Recordal of IPRs.
Private mediation or administrative proceedings are among the best practices for enforcement of IPRs.
Yes, concerning customs, there is no exact measure enforced by the law. Secondly, court proceedings are long, costly, and unpredictable