RESTRICTEDWORLD TRADE
ORGANIZATIONWT/ACC/KHM/7/Rev.2
3 March 2003
(03-1217)
Working Party on the
Accession of CambodiaOriginal:  English
ACCESSION OF THE KINGDOM OF CAMBODIA
Checklist of TRIPS Requirements and Implementation by the Kingdom of Cambodia
Revision
The Government of the Kingdom of Cambodia has submitted the following revised Checklist
of TRIPS requirements and implementation by Cambodi a, with the request that it be circulated to
Working Party Members.
_______________WT/ACC/KHM/7/Rev.2
Page 2
Implementation of the WTO Agreement on
Trade-related Aspects of Intellectual Property Rights (TRIPS)
Note: A draft Law on Marks, Trade Names and Acts of Unfair Competition was approved by the
Council of Ministers in October 2000 and ratified by the Parliament and promulgated into lawon February 07, 2002. Law on Patents, Utility Model Certificates and Industrial Design was
adopted by the National assembly on November 28, 2002, ratified by the Senate on December
31, 2002, and promulgated by His Majesty th e King on January 22, 2003. A draft Law on
Copyright and Related Rights was adopted by the National Assembly on January 21, 2003
and adopted by the Senates on February 13, 2003. We expect to obtain the final ratification of
the Senate and the promulgation of His Majesty the King not later than April this year. The
drafting of laws on Layout Designs of Integrat ed Circuits, on Geographical Indications and
the Protection of Undisclosed Information is still at a very early stage.
Please refer to the Legislative Action Plan on Intellectual Property Rights.
TRIPS Agreement Cambodia
General Obligations IP Agreement s to which the country adheres
Compliance with Articles 1 through 12 and Article 19
of the Paris Convention for the Protection of IndustrialProperty in respect of Parts II, III, and IV of theTRIPS Agreement. TRIPS Article 2.Cambodia is a member of the Paris Convention.
Under Paris, Article 1(2), industrial property has as its
object patents, utility models, industrial designs,trademarks, service marks, trade names, indications of
source or appellations of origin, and the repression of
unfair competition.Chapters II, III, V of Law on Patents, Utility Models
Certificates and Industrial Designs, and Articles 2, 20,21, 22, 23 of Law on Marks, Trade Names and Acts of
Unfair Competition.
In Paris.  Article 1(3), industrial property applies not
only to industry and commerce proper, but toagricultural and extractive industries and to allmanufactured or natural products, e.g., wines, grain,tobacco leaf, fruit, cattle, minerals, mineral waters,beer, flowers, and flour.No provision of the Law on Marks, Trade Names and
Acts of Unfair Competition, and the Law on Patents,Utility Models Certificates and Industrial Designslimit in any way protection in agricultural andextractive industries and they do apply equally tomanufactured natural products.
Under Paris, Article 2, nationals of Members are to
enjoy in other Members the advantages that their
respective laws grant to nationals, and shall have thesame protection and the same legal remedy againstany infringement of their rights if they conform to theconditions and formalities imposed upon the Member'snationals.The Law on Trade Marks and Law on Patents, Utility
Model Certificates and Industrial Designs make no
distinction between nationals and non-nationals.Moreover, Article 129 of the  Law on Patents, UtilityModel Certificates and Industrial Designs, Article 56of the Trademark law clarify that in the event ofconflict between these laws and international treaties,
the provisions of international treaties shall prevail.
Paris.  Article 3, requires that nationals of non-
Member countries domiciles or that have "real andeffective" industrial or commercial establishments in aMember country be treated as nationals of a Membercountry.The Law on Trade Marks and  Law on Patents, Utility
Model Certificates and Industrial Designs make nodistinction between nationals and non-nationals.Moreover, Article 129 of the  Law on Patents, UtilityModel Certificates and Industrial Designs, Article 56of the Trademark law clarify that in the event of
conflict between these laws and international treaties,
the provisions of international treaties shall prevail.WT/ACC/KHM/7/Rev.2
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TRIPS Agreement Cambodia
Under Paris, Article 4.a right of priority is to be given
an applicant for a patent, for registration of a utilitymodel, an industrial design, or of a trademark who hasfiled the equivalent of a regular national filing underthe domestic legislation of a Member country.  Theperiods of priority are to be 12 months for patents and
utility models, and 6 months for industrial designs and
trademarks.  The Article discusses the technical detailsof granting priority in depth.Right of Priority is covered by Articles 27 to 28, 70,
and 100 of  Law on Patents, Utility ModelsCertificates and Industrial Designs, and Article 6 ofLaw on Marks, Trade Names and Acts of UnfairCompetition.
Article 4bis states that patents obtained for the sameinvention in various members of the Paris Union areindependent of each other.The relevant Cambodia Laws do not have provisions
for this matter.
Article 4ter requires that inventors have the right to benamed as such in the patent.Article 15 of Law on Patents, Utility Models and
Industrial Designs
Under Article 4quater restrictions or limitations on thesale of a patented product or a product produced by a
patented process cannot be the grounds for refusing a
patent or invalidating one already issued. UnderArticle 5(A)(1), importation of a patented productmanufactured in a Paris Union country cannot be thebasis of forfeiture of the patent.  Article 5(A)(2) and(3) authorize countries to use compulsory licensing as
a means to prevent abuses, such as the failure to work,
but they may not forfeit a patent unless the grant of acompulsory license would not be sufficient to preventthe abuse.  Proceedings for forfeiture or revocationcannot be institute until two years after the grant of the
first compulsory license.Article 38 of  Law on Patents, Utility Models
Certificates and Industrial Designs addresses the
grounds for refusing a patent. Articles 65 to 68 state
the conditions under which a patent may beinvalidated.
Article 5(A)(4) prohibits application for a compulsory
license for failure to work until four years have passed
since tile application was filed or three years from dateof grant and no compulsory license is to be granted ifthe patentee justifies the failure to work.  Licenses areto be non-exclusive, and may not be transferred exceptwith the enterprise or goodwill that exploits the
license.  Article 5(B) prohibits forfeiture of industrial
designs for failure to work or for importing articlescorresponding to those that are protected.Articles 56 to 64 of the  Law on Patents, Utility
Models Certificates and Industrial Designs do not
allow forfeiture of industrial designs for failure towork or for importing (see Article 111).
Article 5(C) prohibits cancellation of a mark forunjustified non-use before a reasonable period of timehas passed and permits the proprietor to use differingelements that do not diminish the distinctive character
of a mark without invalidating the registration or
diminishing the protection granted the mark.Concurrent use of the mark by co-proprietors ispermitted so long as the public is not misled.Article 15 of the Law on Marks, Trade Names and
Acts of Unfair Competition does not preventconcurrent use of a mark by the co-proprietors so longas the public is not misled.
Under Article 5(D), protection of patents, registeredtrademarks, and industrial designs cannot beconditioned upon indication or mention of such patent,
trade registration, or industrial design protection.No indication or mention of the patent, of the utility
model, of the registration of the mark, or of the depositof the industrial design is required under the Law on
Marks, Trade Names and Acts of Unfair Competition,
and the Law on Patents, Utility Models Certificatesand Industrial Designs.WT/ACC/KHM/7/Rev.2
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TRIPS Agreement Cambodia
Article 5bis requires that a grace period of at least six
months be provided for the payment of maintenancefees for industrial property, but a surcharge ispermissible.  Countries are authorized to restorepatents that lapsed for non-payment of fees.Articles 46, 70 and 109 of the  Law on Patents, Utility
Models Certificates and Industrial Designs. Article12(d) of the Law on Marks, trade Name and Acts ofUnfair Competition.
Article 5ter prohibits a Paris Member from making useof patented devices aboard a vessel, aircraft, of land
vehicle temporarily or accidentally in the territory or
the Member.Article 44 (ii) of the  Law on Patents, Utility Models
Certificates and Industrial Designs.
Article 5quater requires that process patent ownershave all the rights against an imported productproduced by the patent process that they would havewith respect to products manufactured at home.Article 42 of the  Law on Patents, Utility Models
Certificates and Industrial Designs.
Article 5quinquies requires that Paris Members protectindustrial designs.Chapter V of the Law on Patents, Utility Models
Certificate and Industrial Designs.
Article 6 makes the conditions for filing andregistration of trademarks subject to domestic
legislation but also makes filing and registration
independent of those in other countries, including thecountry of origin.Articles 3 and 4 of the Law on Marks, Trade Names
and Acts of Unfair Competition define unregistrable
marks, especially Article 4 (g). These Articles cover
Article 6 of the Paris Convention
Article 6bis requires parties, ex officio if legallypossible or at the request of an interested party, torefuse to register or, for a period of at least 5 years, tocancel the registration of a trademark confusinglysimilar to a well-known mark.  No time limit is placed
on a mark used in bad faith.Article 4(e) and (f) of the Law on Marks, Trade
Names and Acts of Unfair Competition definesunregistrable marks that are identical with, orconfusingly similar to a well-known registered orunregistered mark. Basing on this Article, a registered
mark that is identical with or similar to well-known
mark is subjected to be cancelled.
Article 6ter requires Members to refuse to register orto invalidate the registration that includes, withoutauthorization, armorial bearings, flags, state emblems,official signs and hallmarks, etc.  An exception isprovided for owners of rights acquired in good faith
before the Convention entered into force for that
country.Article 4(d) of the Law on Marks, Trade Names and
Acts of Unfair Competition.
Article 6quater makes the assignment of a mark validif the portion of the business or goodwill of thebusiness together with the exclusive right tomanufacture and sell the goods bearing the mark isalso transferred. Article 48(a) and (d) of the Law on Marks, Trade
Names and Acts of Unfair Competition.
Article 6quinquies requires that trademarks duly
registered in a Member be accepted for filing in other
Members, with certain reservations, and establishesthe conditions under which a trademark may be deniedregistration or may be invalidated.Articles 8, 9 and 10 of the Law on Marks, Trade
Names and Acts of Unfair Competition.
Article 6sexties states that Paris Members undertake"
to protect service marks without being required toprovide for their registration.Articles 21, 22 and 23 of the Law on Marks, Trade
Names and Acts of Unfair Competition.
Article 6septies requires that trademark owners be ableto oppose or request cancellation of a registration of
their trademarks applied for by their agent or
representative without their authorization "unless theagent or representative justifies his action.Articles 10 (c), (d) and (e), and 11 of the Law on
Marks, Trade Names and Acts of Unfair Competition.WT/ACC/KHM/7/Rev.2
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TRIPS Agreement Cambodia
Article 7 states that the nature of the goods to which a
trademark is applied may in no case be an obstacle tothe registration of the trademark. (Duplicate languageis in TRIPS Article 15.4.)Article 5 of the Law on Marks, Trade Names and Acts
of Unfair Competition. Nice Classification is appliedfor registration of marks.
Article 7bis requires that Members permit registrationof collective marks belonging to associations theexistence of which is not contrary to the law of the
country of origin, even where the association is not
established in the country where protection is beingsought.Chapter 4, Articles 16, 17 and 18 of the Law on
Marks, Trade Names and Acts of Unfair Competition.
Article 8 requires that trade names be protected byMembers without the necessity of registration,whether or not the names are part of a trademark.Chapter 6, Articles 20 and 21 of the Law on Marks,
Trade Names and Acts of Unfair Competition.
Article 9 requires seizure on importation or exclusionor goods bearing a trademark or trade name withoutauthorization, unless a country's laws provide for
neither remedy, in which case domestic actions and
remedies must be available.Chapter 10, Articles 35 to 47 of the Law on Marks,
Trade Names and Acts of Unfair Competition.
Article 10 applies the obligation of Article 9 to thedirect or indirect use of false indications of source ofgoods, or false indication of the producer,manufacturer, or merchant of such goods.Articles 22, 23 and 59 of the Law on Marks, Trade
Names and Acts of Unfair Competition.
Article 10bis requires Members to provide protectionagainst unfair competition, including against acts thatcreate confusion of various kinds about the goods or
activities of a competitor, that consist of false
allegations about a competitor, or that are apt tomislead the public regarding a competitor's goods.Chapter 7, Articles 22 and 23 of the Law on Marks,
Trade Names and Acts of Unfair Competition.
Article 10ter requires that Members undertake toassure to foreign nationals effective legal remedies torepress actions referred to in Articles 9, 10 and 10bis,and to allow federations and associations representing
foreign businesses, on the basis of reciprocity, to take
action in court and before administrative authorities torepress such acts.Chapter 8, Articles 27 and 28 of the Law on Marks,
Trade Names and Acts of Unfair Competition.
Article 11 requires that temporary protection.Consistent with domestic legislation, be afforded topatentable inventions, utility models, industrialdesigns and trademarks in respect of goods exhibited
at official or officially recognized international
exhibitions held in their territory.This requirement would be covered by Sub-Decrees
for implementing the laws on Marks, Trade Namesand Acts of Unfair Competition, The Law on Patents,Utility Models Certificates and Industrial Designs, and
Law on Copyright and Related Rights.
Article 12 requires Members to establish industrial
property offices for patents, utility models, industrialdesigns and trademarks for the communication to thepublic through publication of a periodic journal of thenames of patent owners with a brief designation of
their inventions, and the reproduction of trademarks.Article 10 of the Law on Marks, Trade Names and
Acts of Unfair Competition, and Articles 118 and 119of  Law on Patents, Utility Models Certificates andIndustrial Designs.
Article 19 authorizes Members to enter into separateand special industrial property agreements amongthemselves, so long as those agreements do notcontravene the provisions of Paris.The relevant Cambodia Laws do not have provisions
for this matter.WT/ACC/KHM/7/Rev.2
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TRIPS Agreement Cambodia
National treatment, with exceptions allowed in the
Paris, Berne and Rome Conventions.  Article 3.The Law on Marks, Trade Names and Acts of Unfair
Competition,  Law on Patents, Utility ModelCertificates and Industrial Designs, and draft Law onCopyrights and Related Rights make no distinctionbetween nationals and non-nationals.
Most favoured nation treatment, with enumeratedexceptions.  Article 4.The Law on Marks, Trade Names and Acts of Unfair
Competition,  Law on Patents, Utility Model
Certificates and Industrial Designs, and draft Law on
Copyright and Related Rights treat owners in allcountries equally without exceptions.
Copyright and Neighbouring Rights Citation to copyright and related laws
Compliance with Articles I through 21 of the BerneConvention with the exception of Article 6bis, Article9.1.The draft Law on Copyright and Related Rights of
Cambodia complies with Articles 1 through 21 of theBern Convention.
Article 2 defines "literary and artistic works" as "everyproduction in the literary, scientific and artisticdomain whatever may be the mode or form of its
expression," giving examples. Limitations related to
speeches are provided in Article 2bis.Articles 2, 3, 7, 8, 10 and 68 of draft Law on
Copyright and Related Rights
Article 3 requires that protection be provided to theworks of authors who are nationals of Berne Unionmembers and to works of nationals of non-Unioncountries if those works are published in a Unionmember simultaneously with publication in thenon-Union country.Articles 2, 3.1(b, e) and 68 of the draft Law on
Copyright and Related Rights.
Article 4 requires that protection be provided
cinematographic works not falling under Article 3 if
the maker has a headquarters or habitual residence in aUnion member and to works of architecture or artisticworks incorporated into a building or structure in aUnion member.Articles 2(g), 3.1(b)(c)(d)(e), 7(g) and 68 of the draft
Law on Copyright and Related Rights.
Article 5 requires that authors enjoy the rights required
by Berne and any other rights a country provides
works on a national treatment basis without being
subject to any formalities.Article 38, 39, and 40 of the draft Law on Copyright
and Related Rights.
Article 7 requires that the term of protection forcopyright be 50 years following the death of theauthor. Special terms are authorized forcinematographic works, anonymous or pseudonymousworks, photographic works and works of applied art.
Article 8 gives authors of protected works the
exclusive right to make or authorize the making oftranslations of the work.Articles 30 and 31 of the draft Law on Copyright and
Related Rights define duration of protection. Article22 gives exclusive right to authors to make andauthorize the making of translations of the work.
Article 9 requires that authors be given the exclusiveright to authorize reproduction of the work in anymanner or form with only limited exceptions that donot conflict with the normal exploitation of the work
and do not unreasonably prejudice the legitimate
interests of the author.Articles 22(e), 23, and 24 of the draft Law on
Copyright and Related Rights.
Articles 10 and 10bis define certain authorized "freeuses of works".Article 23, 24, 25, 27, 28,  and 29 of the draft Law on
Copyright and Related Rights.WT/ACC/KHM/7/Rev.2
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TRIPS Agreement Cambodia
Articles 11, 11bis, and 11ter require that authors of
dramatic, dramatico-musical and musical works andany translation thereof and authors of literary andartistic works, the exclusive right to authorize thepublic performance of their works, including bybroadcast, public recitation and any communication to
the public.Article 22 of the draft Law on Copyright and Related
Rights.
Article 12 requires that authors of literary or artisticworks have the exclusive right to authorizeadaptations, arrangements and other alterations of theirworks.Article 22 of the draft Law on Copyright and Related
Rights.
Article 13 authorizes countries to impose reservationsand conditions on the exclusive right granted authorsof musical works or written works that are recorded.Article 22 of the draft Law on Copyright and Related
Rights.
Articles 14 requires that authors of literary and artisticworks have the exclusive right to authorize the
cinematographic adaptation and reproduction of their
works and the distribution, public performance andcommunication to the public of the adaptation orreproduction, without the limitations authorized underArticle 13(1).Article 22 of the draft Law on Copyright and Related
Rights.
Article 14bis specifies that a cinematographic work isto be protected as an original work without prejudice
to any work that is adapted or reproduced and the
author of the cinematographic work is to enjoy thesame rights as the author of any other work.Articles 2(g), 6(2), 7(g), 8, and 22 of the draft Law on
Copyright and Related Rights.
Article 14ter requires "droit de suite" in connectionwith subsequent sales works of art and manuscripts.This matter is under consideration within Sub-Decree
on the implementation of Law on Copyright andRelated Rights and other related Regulations.
Article 15 requires that ownership of a work, forpurposes of litigation, be presumed to be that whichappears on the work in the usual manner.Articles 11, 46, 47, and 48 of the draft Law on
Copyright and Related Rights.
Article 16 requires that infringing copies of a work be
subject to seizure whether domestically produced or
imported.Articles 59, and 65 of the draft Law on Copyright and
Related Rights.
Article 18 requires that copyright protection be applied
to all works, which, at the moment Berne becomeseffective, have not fallen into the public domain in thecountry of origin through the expiry of the term ofprotection.Article 68, and 69 of the draft Law on Copyright and
Related Rights.
Article 19 authorizes Union members to providegreater protection than that required by the
Convention.Article 30, 31 of the draft Law on Copyright and
Related Rights provide greater protection than the
Bern Convention.
Article 20 authorizes Union members to enter into
special agreements among themselves to provide moreextensive rights than those provided by Berne.Bilateral Agreement on Trade Relations and
Intellectual Property Rights Protection with the U.S.A.ASEAN Framework Agreements, including theagreement on the Intellectual property cooperation).
Protect computer programs, whether in source orobject code, as literary works under the Berne
Convention.  Protect compilations of data, whether in
machine readable or other fo rm are to be protected as
intellectual creations if they constitute such.Article 10.Articles 2(l), 7(l), and 8.1(b) of the draft Law on
Copyright and Related Rights.WT/ACC/KHM/7/Rev.2
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TRIPS Agreement Cambodia
Provide rental rights at least for computer programs
and cinematographic works with certain exceptions.Article 11.Article 22(c) of the draft Law on Copyright and
Related Rights.
Provide a term of protection of fifty years from thedeath of title author (Berne Article 7.1 and TRIPSArticle 9.1) or, for works the term of which is notmeasured by the life of the author, a term of 50 years
from the end of the calendar year of authorized
publication, or, if not published within fifty years frommaking, fifty years from the end of the calendar yearof making.  Article 12.Articles 30 and 31 of the draft Law on Copyright and
Related Rights.
Confine limitations and exceptions to exclusive rightsto certain special cases, which do not conflict with anormal exploitation of the work and do notunreasonably prejudice the right holder's legitimate
interests.  Article 13.Articles 23, 24, 25, 27, 28 and 29 of the draft Law on
Copyright and Related Rights.
Provide performers with the right for 50 years fromthe date of a performance to prevent unauthorizedfixation of their unfixed performances and ofreproductions of such fixations and to prevent theunauthorized broadcast by wireless means andcommunication to the public of their live
performances.  Article 14.1 and 5.Articles 41, 42, and 53(1) of the draft Law on
Copyright and Related Rights.
Provide phonogram producers with the right for 50years from the date of first authorized fixation toprohibit unauthorized reproduction of theirphonograms, directly or indirectly, and to prohibitrental of copies of their phonograms once sold orotherwise distributed.  Article 14.2, .4, and .5.Articles 44, 45, and 53(2) of the draft Law on
Copyright and Related Rights.
Providing broadcasting organizations with the
exclusive rights for 20 years of fixation, reproduction
of fixations, and re-broadcasting by wireless means oftheir broadcasts and the communication to the publicof broadcasts of their broadcasts or provide to theowners of the copyright in the material broadcast thepossibility of exercising such rights.
Article 14.3 and 5.Articles 48 and 53(3) of the draft law on Copyright
and Related Rights.
Trademarks Citation to appropriate law
Provide trademark or service mark protection for anysign, or combination of signs capable of distinguishing
the goods or services of one undertaking from those ofother undertakings.  Article 15.1Article 2 of the Law on Marks, Trade Names and Acts
of Unfair Competition.
Not deny registration for a mark based solely on the
nature of the goods or services to which a trademark isto be applied.  Article 15.4.Article 4 of the Law on Marks, Trade Names and Acts
of Unfair Competition.
Trademarks must be published before or shortly afterregistration to permit opposition or opportunity to
apply for cancellation.  Article 15.5.Article 10 of the Law on Marks, Trade Names and
Acts of Unfair Competition.
Provide trademark owners the exclusive right to
prevent unauthorized use identical or similar marks for
similar goods or services of other parties if confusionis likely to result.  Article 16.1Articles 4 (g), 11, 23 and 25 of the Law on Marks,
Trade Names and Acts of Unfair Competition.
Presume confusion where an identical mark is used
without authorization on identical goods or services.Article 16.1.Articles 4 (g), 11 and 23 of the Law on Marks, Trade
Names and Acts of Unfair Competition.WT/ACC/KHM/7/Rev.2
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TRIPS Agreement Cambodia
Provide protection for well know trademarks and
service marks in accordance with Article 6bis, of theParis Convention, even where use is on goods orservices which are not similar to those in respect ofwhich a trademark is registered if the latter use wouldimply a connection with the right holder or would be
likely to damage the right holder's interests.  Article
16.2 and .3.Articles 4 (e), (f) and 26 of the Law on Marks, Trade
Names and Acts of Unfair Competition.
Allow only limited exceptions to the rights conferredby a trademark such as fair use of descriptive terms.Article 17.No exceptions are provided for in the Law on Marks,
Trade Names and Acts of Unfair Competition.
Provide a period of protection for registration of atleast seven years, renewable indefinitely.  Article 18.Article 12 of the Law on Marks, Trade Names and
Acts of Unfair Competition.
Allow cancellation for non-use only after a period ofthree years of uninterrupted non-use unless validreasons exist for the non-use, including government
interference with use.  Article 19.1.Article 15 of the Law on Marks, Trade Names and
Acts of Unfair Competition.
No encumbering of the use of a trademark by specialrequirements.  Article 20.The Law on Marks, Trade Names and Acts of Unfair
Competition does not contain any specialrequirements.
May establish conditions for licensing but compulsorylicensing not permitted and owner of registered markmust be able to assign it with or without transfer ofbusiness.  Article 21.Article 19 (a) of the Law on Marks, Trade Names and
Acts of Unfair Competition. Compulsory licensing isnot provided for in the Law.
Geographical Indications Citation to appropriate law or laws
Provide means to prevent deceptive use ofGeographical indications identifying location where a
given quality, reputation or other characteristic of a
good is attributable to its location.  Article 22.1 and 2.Refuse to register or invalidate registrations oftrademarks containing geog raphical indications except
in instances in which such marks have been usedcontinuously for at least 10 years or in good faith
before 15 April 1994.  Article 22.3Please see introductory note above and refer to the
Legislative Action Plan on Intellectual Property
Rights.
Protect against use of geog raphical indications even
when literally true but which falsely represent that the
goods originate in another territory.  Article 22.4Please see introductory note above and refer to the
Legislative Action Plan on Intellectual Property
Rights.
Protect, with certain exceptions, appellations or originfor wines and spirits even against use accompanied byexpressions suchPlease see introductory note above and refer to the
Legislative Action Plan on Intellectual PropertyRights.
Protect, with certain exceptions, appellations or originfor wines and spirits even against use accompanied byexpressions such as 'kind," type," "style," etc.  Article
23.1 and 24.Please see introductory note above and refer to the
Legislative Action Plan on Intellectual PropertyRights.
Refuse or invalidate, with certain exceptions
trademark registrations containing geographical
indications for wines and spirits if they do notoriginate in the place named.  Article 23.2 and 24.Please see introductory note above and refer to the
Legislative Action Plan on Intellectual Property
Rights.Article 4 (c) of  the Law on Marks, Trade Names and
Acts of Unfair Competition.
Industrial Designs Citation to appropriate law
Provide, with certain exceptions, protection for new ororiginal, independently created industrial designs.Article 25.1.Articles 91 and 92 of the  Law on Patents, Utility
Model Certificates and Industrial Designs.WT/ACC/KHM/7/Rev.2
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TRIPS Agreement Cambodia
Ensure that requirements for securing protection for
textile designs are not prohibitive of such protection.Article 25.2.Articles 89 and 90 of the  Law on the Protection of
Patents, Utility Model and Industrial Designs.
Protection should last at least 10 years. Article 109 of the  Law on Patents, Utility Models
Certificates and Industrial Designs.
Patents Citation to appropriate law
Provide patents for any inventions, whether productsor processes, in all fields of technology if they arenew, involve an inventive step and are industriallyapplicable.  Exceptions are permitted for plants and
animals, except for micro-organisms and non-
biological and microbiological processes.  Exemptionsare also permitted for reasons of public order andmorality.  Article 27.Articles 3 to 9 of the  Law on Patents, Utility Model
Certificates and Industrial Designs.
Provide patent owners with the right to prevent othersfrom making, using, offering for sale, selling orimporting a patented product or from using a patent
process or using, offering for sale, selling or importing
a product produced directly using such process.Article 28.1.Articles 41 to 42 of the  Law on Patents, Utility Model
Certificates and Industrial Designs.
Give patent owners the right to assign the rights in thepatent, or transfer the rights by succession, or licensethem.  Article 28.2Articles 13, 114 and 115 of the  Law on Patents,
Utility Model Certificates and Industrial Designs.
Require applicants to disclose the invention so thatone skilled in the art can carry it out and may requireindication of the best mode and information on
corresponding foreign applications.  Article 29.Article 18 of the  Law on Patents, Utility Model
Certificates and Industrial Designs.
Ensure that any exceptions to exclusive patent rightsdo not unreasonably conflict with normal exploitationof the patent and do not unreasonably prejudice thelegitimate interests of the patent owner, taking thirdparty interests into account.  Article 30.Section 11, Articles 47 to 55 of the  Law on Patents,
Utility Model certificates and Industrial Designs.
Compulsory licenses can be issued only whenenumerated conditions are met, including such thingsas notice, remuneration, limitations on use and transfer
of the license, etc.  Article 31.Section 12 (Non-Voluntary Licenses), Articles 56 to
63 of the  Law on Patents, Utility Model Certificateand Industrial Designs.
Provide an opportunity for judicial review of decisionsto revoke or forfeit a patent.  Article 32.Section 13 (Invalidation), Articles 65 to 68 of the  Law
on Patents, Utility Model Certificates and IndustrialDesigns.
Provide a patent term of at least 20 years from thefiling date.  Article 33.Article 45 of the  Law on Patents, Utility Model
Certificates and Industrial Designs.
Shift the burden of proof in process patentinfringement actions to the defendant in instances inwhich tile product produced by the process is new orwhere it is substantially likely that the identical
product was made using the process and the patent
owner has been unable through reasonable efforts todetermine the process used.  Article 34.Articles 127 to 128 of the  Law on Patents, Utility
Model Certificates and Industrial Designs.
Integrated-Circuit Layout Designs Citation to appropriate law
Provide protection for original layout designs ofintegrated circuits that are registered or have beencommercially exploited anywhere in the world.Articles 3, 4, 5, and 7 of the Washington Treaty as
incorporated into TRIPS by Article 35.Please see introductory note above and refer to the
Legislative Action Plan on Intellectual PropertyRights.WT/ACC/KHM/7/Rev.2
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TRIPS Agreement Cambodia
Make unlawful, except in certain circumstances, the
reproduction, importation, sale or other distribution ofa protected layout design or an integrated circuitembodying such design or an article containing such amicrocircuit.  Article 6 of Washington and Article 36of TRIPS.Please see introductory note above and refer to the
Legislative Action Plan on Intellectual PropertyRights.
Provide such protection for a term of I 0 years from
the films, of an application for registration or from
first commercial exploitation.  Article 38.Please see introductory note above and refer to the
Legislative Action Plan on Intellectual Property
Rights.
Undisclosed Information Citation to appropriate law or laws
Provide protection for undisclosed information that issecret (not generally known or readily ascertainable);has commercial value because of its secrecy, and hasbeen subject to reasonable  steps to keep it secret.
Article 39.2.Please see introductory note above and refer to the
Legislative Action Plan on Intellectual PropertyRights.
Protect data submitted to obtain marketing approvalfor pharmaceutical or agricultural chemicals utilizing a
new chemical entity.  Article 39.3.Please see introductory note above and refer to the
Action Plan on Intellectual Property Rights.
Enforcement Citation to appropriate law or laws
- General Provisions
Provide for effective action against infringement ofintellectual property rights without creating barriers to
legitimate trade or opportunities for abuse.
Article 41.1Chapter 8, Articles 24 to 28, Chapter 9, Articles 29 to
34, Chapter 10, Articles 53 to 47, Chapter 15, Articles
58 to 65 of the Law on Marks, Trade Names and Acts
of Unfair Competition; Articles 125 to 128 and 132 to135 of the Law on Patents, Utility Model Certificateand Industrial Designs, and Articles 57-63 of the draftLaw on Copyright and Related Rights.
Provide enforcement procedures that are fair andequitable and are not unnecessarily complicated or
costly and do not entail unreasonable time-limits or
unwarranted delays.  Article 41.2Chapter 8, Articles 24 to 28, Chapter 9, Articles 29 to
34, Chapter 10, Articles 53 to 47, Chapter 15, Articles
58 to 65 of the Law on Marks, Trade Names and Acts
of Unfair Competition; Articles 125 to 128 and 132 to135 of the Law on the Protection of Patents, UtilityModels and Industrial Designs, and Articles 57-63 ofthe draft Law on Copyright and Related Rights.
Provide decisions on the merits based upon theevidence presented in the case to the parties,
preferably in writing with the reasons explained.
Article 41.3.Chapter 3, Articles 14(e), 15, Chapter 9, Articles 27 to
34, Chapter 10, Article 40 and Chapter 14, Article 60
of the Law on Marks, Trade Names and Acts of Unfair
Competition; and Articles 125 to 128 and 132 to 135of the Law on Patent, Utility Model certificates andIndustrial designs, and Chapter V - Articles 57 to 64 ofdraft Law on Copyright and Related Rights Law.
Provide for appeals to judicial bodies of finaladministrative decisions and of at least the legal
aspects of initial judicial decisions on the merits of a
case.  Article 41.4.Article 58 of the Law on Marks, Trade Names and
Acts of Unfair Competition, and Articles 55, 123 and
124 of the Law on Patents, Utility Model Certificates
and Industrial Designs.
Civil and Administrative Procedures and Remedies Chapters 8, 9 and 10 of the Law on Marks, Trade
Names and Acts of Unfair Competition; Articles 125to 128 of the Law on the Protection of Patents, UtilityModels and Industrial Designs.
Provide a procedure that allows plaintiffs to bring anaction for infringement; requires that defendants benotified; permits both sides to present evidence in
support of their position; and protects confidential
information.  Article 42Chapter 3, Articles 14(e), 15, Chapter 9, Articles 27 to
34, Chapter 10, Articles 35 to 47; Section 8 and 9,Articles 125 to 129; and Chapter V, Articles 57 to 63
of draft Copyrights and Related Rights Law.WT/ACC/KHM/7/Rev.2
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TRIPS Agreement Cambodia
Authorize judges to order production of evidence
necessary to substantiate a party's claims where thatparty has been unable to obtain such evidence from theopposing party.  Article 43. 1.Nothing in the Law on Marks, Trade Names and Acts
of Unfair Competition and the Law on Patents, UtilityModel Certificates and Industrial Designs restricts theauthority of judges to order the production ofevidence. See also Article 128 of this  Law.
Authorize judges to enjoin a defendant, except thegovernment, from infringing intellectual property
rights.  Article 44. 1.Article 126 of Law on the Patents, Utility Model
Certificate and Industrial Designs. Article 27 of the
Law on Marks, Trade Names and Acts of Unfair
Competition.
Authorize judges to order the payment of monetarydamages adequate to compensate for the injury doneby the infringement.  Article 45.1Articles 58 to 65 of the Law on Marks, Trade Names
and Acts of Unfair Competition, Articles 123 to 128,and Articles 132 to 135 of the  Law on the Patents,Utility Model Certificates and Industrial Designs, andArticle 66 of the draft Law on Copyright and RelatedRights.
Authorize judges to order infringer to pay right
holders enforcement costs and recovery of profits
and/or statutory damages.  Article 45.2.Article 27 of the Law on Marks, Trade Names and
Acts of Unfair Competition. Article 126 of the  Law
on Patents, Utility Model Certificate and IndustrialDesigns.
Authorize additional remedies including seizure ofinfringing goods, and the materials and implementsthe predominant use of which is infringement.  Article46.Article 65 of the Law on Marks, Trade Names and
Acts of Unfair Competition and Article 134 of theLaw on the Protection of Patents, Utility Models andIndustrial Designs.
Authorize indemnification of defendant, includingattorneys' fees in the event of abuse by plaintiffs.
Article 48.1.Civil and Criminal Codes, being drafted, will cover
these issues. See also Article 41 of the Law on Marks,
Trade Names and Acts of Unfair Competition.
Exempt public authorities and officials from liability
in connection with the administration of intellectualproperty laws only where the actions are taken orintended in good faith within the scope of tile relevantauthority.  Article 48.2.Article 45 of the Law on Marks, Trade Names and
Acts of Unfair Competition.
Ensure that administrative remedies conform to theprinciples in the preceding Articles.  Article 49.This matter is under consideration within
implementing Regulations of Laws on Marks, Trade
Names and Acts of Unfair Competition, Law on
Patents, Utility Model Certificates and IndustrialDesigns, and Law on Copyrights and Related Rights.
- Provisional Measures
Authorize judges to grant temporary restraining ordersand provisional relief to prevent infringement and topreserve evidence.  Article 50.1.Articles 29 to 34 of the Law on Marks, Trade Names
and Acts of Unfair Competition.
Authorize judges to require the complaining party toindemnify the defending party against harm if thedecision on the merits finds the provisional relief
unjustified.  Article 50.3.Articles 30(b) and 34 of the Law on Marks, Trade
Names and Acts of Unfair Competition.
Provide for notice, for formal action by the plaintiff
after temporary restraining orders, etc.  Article 50.4+.Articles 31and 32 of the Law on Marks, Trade Names
and Acts of Unfair Competition.
- Border Measures
Provide for suspension of release by customs
authorities of goods suspected of bearing a counterfeittrademark or of being a pi ratical copyrighted work,
either at the request of a right holder.  Members areauthorized to extend such protection to holders ofother forms of intellectual property, Article 51Articles 35 to 47 of the Law on Marks, Trade Names
and Acts of Unfair Competition, and Article 63 of thedraft Law on copyright and Related Rights.WT/ACC/KHM/7/Rev.2
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TRIPS Agreement Cambodia
Require right holders initiating border measures to
provide evidence of a prima facie infringement and adescription of tile goods sufficient for customsauthorities to recognize them.  The right holder mustbe notified within a reasonable time is action will betaken on his behalf.  Article 52Articles 35 to 47 of the Law on Marks, Trade Names
and Acts of Unfair Competition, and Article 63 of thedraft Law on Copyright and Related Rights.
Authorize authorities to require the right holder
requesting border measures to post a bond sufficient to
protect the defendant and to prevent abuse.  Article 53Articles 35 to 47 of the Law on Marks, Trade Names
and Acts of Unfair Competition, and Article 63 of the
draft Law on Copyright and Related Rights.
Requires prompt notification of the right holder andthe importer when action under Article 51 is taken.Article 54Articles 35 to 47 of the Law on Marks, Trade Names
and Acts of Unfair Competition, and Article 63 of thedraft Law on Copyright and Related Rights.
Requires that customs authorities be notified within amaximum of 20 days of the receipt of notice thatproceedings on the merits have begun or thesuspension is to be revoked.  Article 55Articles 35 to 47 of the Law on Marks, Trade Names
and Acts of Unfair Competition, and Article 61 and 63of the draft Law on Copyright and Related Rights.
Authorities must be authorized to require the right
holder to compensate the importer or owner of the
goods subject to border measures if goods werewrongfully detained or if proceedings leading to adecision on the merits are not begun within tileallotted time.  Article 56.Articles 34 to 47 of the Law on Marks, Trade Names
and Acts of Unfair Competition, and Article 59 and 63
of the draft Law on Copyright and Related Rights.
Right holders must be allowed to inspect the detainedgoods in order to substantiate the right holder's claims.Importers must be given similar authority.  Members
may give the right holder the names and addresses of
those involved in the importation when infringement isfound to exist.  Article 57.Articles 35 to 47 of the Law on Marks, Trade Names
and Acts of Unfair Competition, and Article 63 of thedraft Law on Copyright and Related Rights.
Establishes the conditions that must be in place ifcustoms authorities are authorized to act ex officio,including the ability to ask the right holder forinformation at any time; the requirement to notify the
importer promptly of the suspension; and the
requirement that public officials be liable if they act inbad faith.  Article 58.Articles 34 to 47 of the Law on Marks, Trade Names
and Acts of Unfair Competition, and Article 63 of thedraft Law on Copyright and Related Rights.
Competent authorities must be able to orderdestruction or disposal other than by re-export ofinfringing goods where appropriate.  Article 59.Articles 34 to 47 of the Law on Marks, Trade Names
and Acts of Unfair Competition, and Article 58 and 63of the draft Law on Copyright and Related Rights.
Members are authorized to except from bordermeasures small quantities of infringing goods of a
non-commercial nature carried in personal luggage or
shipped in small consignments.  Article 60Article 47 of the Law on Marks, Trade Names and
Acts of Unfair Competition, and Article 63 of the draft
Law on Copyright and Related Rights.
- Criminal Procedures
Provide criminal procedures and penalties, sufficient
to act as a deterrent, for wilful trademarkcounterfeiting or copyright piracy on a commercialscale.  Authorizes extension of criminal actions toother forms of intellectual property whereinfringements are wilful and on a commercial scale.
Article 61.Articles 58 to 65 of the Law on Marks, Trade Names
and Acts of Unfair Competition, Articles 132 to 135 ofthe  Law on Patents, Utility Model Certificates andIndustrial Designs, and Articles 64-65 of the draft lawon Copyright and Related Rights.
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