IP Development in Cambodia
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- Gyles Carr
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1 IP Development in Cambodia WTO Workshop Realizing Developmental of the IP System: LDCs Priority Needs for Technical and Financial Cooperation Geneva, June-2014 TA Bunnget Chief of Legal Affairs, Bureau of Cooperation and Legal Affairs, Department of Intellectual Property Rights Ministry of Commerce
2 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
3 1. Three IP Offices: 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
4 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
5 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
6 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
7 Legislations Law on Mark, Trade Name, and Act of Unfair Competition on 07 February Prime Minister s Sub-Decree on the Implementation of the Law on Mark, Trade Name, and Act of Unfair Competition on 12 July Declaration on Legal IP Trademark Agent on 01 February Law on Patents, Utility Model Certificates, and Industrial Designs on 22 January 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
8 Legislations (continue) Law on Copyright and Related Rights: Law on Copyright and Related Rights on 05 March Law on Seed Management including Breeder Right Protection on 13 May Declaration on Company Name Search on October 30, Law on Geographical Indication (GI): January 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
9 International Cooperation Date Description/Member of / Signatory 25 July 1995 World Intellectual Property Organization 04 Oct 1996 Trade Relations and IPR Protection Agreement Cambodia-USA 05 Mar 1997 MoU Cambodia-Thailand 22 Sept 1998 Member of Paris Convention 30 April 1999 ASEAN Framework Agreement on IP Cooperation February 2003 EC-SEAN Intellectual Property Rights Program (ECAP II), now ECAP III 9
10 13 Oct 2004 Member of WTO, member of TRIPS 14 Jul 2006 Trade Investment Framework Agreement (TIFA) with Cambodia-USA 23 Mar 2011 MoU Cambodia-China 21 Dec 2009 ASEAN-CHINA 01 Jan 2010 ASEAN-ANZ 11 July 2012 ASEAN-JAPAN 10
11 Accession to International Treaties IP Protection Berne Paris PLT Rome Singapore TLT WCT WPPT WTO Global Protection System Budapest Hague Madrid Protocol PCT Classification Locarno Nice Strasbourg Vienna use use : In Force : Considering the accession in the near future 11
12 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
13 Implementation of IP Action Plan ( ) 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 The Action Plan ( ) included: 1- Work Program of WTO- 1 st TPR, 2- the remaining of Actions Plan , 3- Cambodia commitments with WTO and ASEAN, and 4- Actual activities needed to comply with the TRIPS. 13
14 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: , -Short to medium term , -Medium term , -Medium to longer term
15 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. Objective 3: 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 4: Develop and maintain Cambodia s intellectual property legislation with international standards to meet Cambodia s economic and social needs. 15
16 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
17 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
18 Many Thank! 18
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