UN APERÇU DES TRADIT IONS JURIDIQUES KHMÈ RES

Article de Gregory Mikaelian lors du Campus Asie 2014.

http://precedents.avocatcampusinternational.org/interventions/1_Gregory_Mikaelian.pdf

Government Releases Draft Law on Food Safety

The Commerce Ministry on Wednesday released a draft of the country’s first food law, which establishes a Food Safety Authority charged with protecting domestic consumers and ensuring that exports meet international standards.

The law—expected to be finalized and sent to the Council of Ministers by the end of next month—lays out a long list of punishable offenses, including selling food that contains harmful substances, mislabeling food, preparing or selling food in unsanitary conditions and operating a food business without a license(more).

https://www.cambodiadaily.com/news/government-releases-draft-law-on-food-safety-88533/

Recent Developments in Commercial Arbitration in Cambodia

2014 has witnessed a number of significant positive developments in commercial arbitration in Cambodia. It has seen the first Cambodian final appellate court decision enforcing a foreign arbitral award and the adoption of arbitration rules by the Cambodian National Commercial Arbitration Center (NCAC). These developments have the potential to transform Cambodia rapidly into a jurisdiction where commercial disputes can be resolved efficiently and with a maximum of transparency. They may catapult Cambodia ahead of some other ASEAN jurisdictions which, by comparison, are lagging in the area of commercial dispute resolution(more).

http://www.dfdl.com/images/stories/Articles/Cambodia/DFDL_Article_Recent_Developments_in_Commercial_Asian_on_Dispute_Review_January_2015.pdf

Arbitration Body Takes On Code of Ethics

Almost five years after it was established, the National Commercial Arbitration Center (NCAC) on Monday met in Phnom Penh to adopt a code of ethics in a bid to attract more clients to its alternative dispute resolution services.

The arbitration center was created in 2010 to provide businesses an alternative to the country’s courts but has still not heard a single case. Ros Monin, its president, said Monday he hoped the code of ethics would change that(more).

https://www.cambodiadaily.com/business/arbitration-body-takes-on-code-of-ethics-81556/

Arbitration Body Receives First Complaint

The National Commercial Arbitration Center (NCAC) received its first complaint last week, almost five years after it was set up, the center’s president said Tuesday.

Ros Monin, NCAC president, said that the arbitration body received the complaint—involving a dispute between a foreign national who rented a factory building in Phnom Penh and that building’s owner—on Thursday.

“Since we announced that we are ready to receive cases, now we have just received our first complaint, which involves a conflict over the implementing obligations of a factorybuilding rental agreement in Phnom Penh,” Mr. Monin said (more).

https://www.cambodiadaily.com/business/arbitration-body-receives-first-complaint-84450/

Cambodia's swift accession to Madrid Protocol

The Madrid System for the international registration of marks, governed by the Madrid Protocol, is gaining popularity across Southeast Asia. Several countries in the region are preparing to implement Madrid as part of their commitments toward regional integration via the ASEAN Economic Community, which will be created at the end of 2015(read more). 

http://www.managingip.com/Article/3456797/Thailand-Cambodias-swift-accession-to-the-Madrid-Protocol.html

Cambodia intellectual property laws & regulations

While Cambodia’s accession to the World Trade Organisation (“WTO”) in September 2004 brought with it obligations  to implement a number of intellectual property (“IP”) related laws and regulations, the application, registration and enforcement mechanisms, while strengthening year on year, remain relatively nascent in comparison with more developed IP protection regimes in Europe and elsewhere.  Recently,  Cambodian authorities dealing with patents, copyright, design rights and trademarks, in conjunction with attendees from the European Patent Office and the Office of Harmonization for the Internal Market (“OHIM”), have indicated a pro-active approach to strengthening intellectual property rights (“IPR”) protection in Cambodia. The laws implemented to date in relation to IPR protection include the Law on Trade Marks, Trade Names, and Acts of Unfair Competition (2002) (“Trade Mark Law”); the Law on Patents, Utility Model Certificates and Industrial Designs (2003) (“Patent Law”); the Law on Copyright and Related Rights (2003); and the Law on Management of Seeds and Breeders’ Rights (2008). In addition to these laws, the Royal Government of Cambodia has also recently issued sub-decrees and regulations for implementing these laws such as the Sub-Decree on Implementation of the Law on Trade Marks, Trade Names, and Acts of Unfair Competition (2006); the Prakas on Procedures for Granting Patents and Utility Model Certificates (2006); and the Prakas on Procedures for Registration of Industrial Designs (2006). The recently implemented Law on Geographical Indications of Goods (2014) and the number of products granted such protection thus far is yet another indication of Cambodia’s commitment to providing robust protection to IPR holders(read more).

http://www.lexology.com/library/detail.aspx?g=f3634aa5-d093-4f16-97ea-c3863ad3be4e