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).
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