RESTRICTEDWORLD TRADE
ORGANIZATIONWT/ACC/KHM/7
11 December 2001
(01-6276)
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
The Government of the Kingdom of Cambodia has submitted the following Checklist of
TRIPS requirements and implementation by Cambodia, with the request that it be circulated to
Working Party Members
_______________
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 submitted to the National Assembly. The Committee of the
National Assembly responsible for reviewing the Draft has completed its work and forwarded the
Draft to the National Assembly as whole for adoption. It is expected that the National Assembly will
adopt the Law before the end of 2001. A draft Law on Patents, Utility Model Certificates andIndustrial Design was approved by the Council of Ministers on 12 October 2001 and submitted to the
National Assembly for adoption. These two drafts are presented below.
A draft Law on Copyright and Neighbouring Rights is well advanced and it is anticipated that
Cambodia will be able to revise the present submission so as to include copyright before the endof 2001.
The drafting of laws on Layout Designs of Integrated Circuits, on Geographical Indications
and the Protection of Undisclosed Information is still at a very early stage.
In summary, the topics of copyright, integrated circuits, geographical indications and
undisclosed information are not included in the present checklist.WT/ACC/KHM/7
Page 2
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 the
TRIPS 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 ofsource or appellations of origin, and the repression ofunfair competition.Chapters II, III, V of draft law on Patents, Utility
Models and Industrial Designs, and Articles 2, 20, 21,22, 23 of draft law on Marks, Trade Names and Actsof Unfair Competition.
In Paris.  Article 1(3), industrial property applies notonly to industry and commerce proper, but toagricultural and extractive industries and to all
manufactured or natural products, e.g., wines, grain,
tobacco leaf, fruit, cattle, minerals, mineral waters,beer, flowers, and flour.No any provision of draft laws on Marks, Trade
Names and Acts of Unfair Competition, and theProtection of Patents, Utility Models and Industrial
Designs do not limit in any way protection in
agricultural and extractive industries and apply equallyto manufactured natural products.
Under Paris, Article 2, nationals of Members are toenjoy in other Members the advantages that theirrespective laws grant to nationals, and shall have thesame protection and the same legal remedy against
any infringement of their rights if they conform to the
conditions and formalities imposed upon the Member'snationals.The draft Law on Trade Marks and draft Law on
Patents make no distinction between nationals andnon-nationals. Moreover, Article 129 of the draftPatent law, Article 56 of the draft Trademark law
clarify that in the event of conflict between these laws
and international treaties, the provisions ofinternational 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 Member
country.The draft Law on Trade Marks and draft Law on
Patents make no distinction between national s andnon-nationals. Moreover, Article 129 of the draftPatent law, Article 56 of the draft Trademark law
clarify that in the vent of conflict between these laws
and international treaties, the provisions ofinternational treaties shall prevail.
Under Paris, Article 4.a right of priority is to be givenan 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 under
the domestic legislation of a Member country.  The
periods of priority are to be 12 months for patents andutility models, and 6 months for industrial designs andtrademarks.  The Article discusses the technical detailsof granting priority in depth.Right of Priority is covered by Articles 27 to 28, 70,
and 100 of draft law on Patents, Utility Models andIndustrial Designs, and Article 6 of draft law onMarks, Trade Names and Acts of Unfair Competition.
Article 4bis states that patents obtained for the sameinvention in various members of the Paris Union are
independent of each other.
Article 4ter requires that inventors have the right to benamed as such in the patent.Article 15 of draft law on Patents, Utility Models and
Industrial DesignsWT/ACC/KHM/7
Page 3
TRIPS Agreement Cambodia
Under Article 4quater restrictions or limitations on the
sale of a patented product or a product produced by apatented process cannot be the grounds for refusing apatent or invalidating one already issued. UnderArticle 5(A)(1), importation of a patented productmanufactured in a Paris Union country cannot be the
basis of forfeiture of the patent.  Article 5(A)(2) and
(3) authorize countries to use compulsory licensing asa 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 revocation
cannot be institute until two years after the grant of the
first compulsory license.Article 38 of draft law on Patents, Utility Models and
Industrial Designs addresses the grounds for refusing apatent. Articles 65 to 68 state the conditions underwhich a patent may be invalidated.
Article 5(A)(4) prohibits application for a compulsorylicense for failure to work until four years have passedsince 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 are
to be non-exclusive, and may not be transferred except
with the enterprise or goodwill that exploits thelicense.  Article 5(B) prohibits forfeiture of industrialdesigns for failure to work or for importing articlescorresponding to those that are protected.Articles 56 to 64 of draft law on Patents, Utility
Models and Industrial Designs. The draft Law doesnot 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 time
has passed and permits the proprietor to use differing
elements that do not diminish the distinctive characterof a mark without invalidating the registration ordiminishing 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 draft Trade Marks Law. Nothing in
the draft law prevents concurrent use of a mark by the
co-proprietors so long as the public is not misled.
Under Article 5(D), protection of patents, registeredtrademarks, and industrial designs cannot be
conditioned 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 deposit
of the industrial design is required under draft laws onMarks, Trade Names and Acts of Unfair Competition,the Protection of Patents, Utility Models and IndustrialDesigns.
Article 5bis requires that a grace period of at least sixmonths be provided for the payment of maintenance
fees for industrial property, but a surcharge is
permissible.  Countries are authorized to restorepatents that lapsed for non-payment of fees.Articles 46, 70 and 109 of the draft Law on the
Protection of Patents, Utility Models and Industrial
Designs. Article 12(d) of the draft Law on Trade
Marks.
Article 5ter prohibits a Paris Member from making useof patented devices aboard a vessel, aircraft, of landvehicle temporarily or accidentally in the territory orthe Member.Article 44 (ii) of the draft law on the Protection of
Patents, Utility Models and Industrial Designs.
Article 5quater requires that process patent ownershave all the rights against an imported product
produced by the patent process that they would have
with respect to products manufactured at home.Article 42 of the draft law on the Protection of Patents,
Utility Models and Industrial Designs.WT/ACC/KHM/7
Page 4
TRIPS Agreement Cambodia
Article 5quinquies requires that Paris Members protect
industrial designs.Chapter V of the draft law on the Protection of
Patents, Utility Models and Industrial Designs.
Article 6 makes the conditions for filing andregistration of trademarks subject to domesticlegislation but also makes filing and registrationindependent of those in other countries, including thecountry of origin.Articles 3 and 4 of draft Law on Marks, Trade Names
and Acts of Unfair Competition define unregistrablemarks, especially Article 4 (g). These Articles coverArticle 6 of the Paris Convention
Article 6bis requires parties, ex officio if legallypossible or at the request of an interested party, to
refuse to register or, for a period of at least 5 years, to
cancel the registration of a trademark confusinglysimilar to a well-known mark.  No time limit is placedon a mark used in bad faith.Article 4(e) and (f) of draft Law on Marks, Trade
Names and Acts of Unfair Competition defines
unregistrable marks that are identical with, or
confusingly similar to a well-known registered orunregistered mark. Basing on this Article, a registeredmark that is identical with or similar to well-knownmark is subjected to be cancelled.
Article 6ter requires Members to refuse to register orto invalidate the registration that includes, without
authorization, armorial bearings, flags, state emblems,
official signs and hallmarks, etc.  An exception isprovided for owners of rights acquired in good faithbefore the Convention entered into force for thatcountry.Article 4(d) of draft 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 the
business together with the exclusive right to
manufacture and sell the goods bearing the mark arealso transferred. Article 48(a) and (d) of draft Law on Marks, Trade
Names and Acts of Unfair Competition.
Article 6quinquies requires that trademarks dulyregistered in a Member be accepted for filing in otherMembers, with certain reservations, and establishesthe conditions under which a trademark may be denied
registration or may be invalidated.Articles 8, 9 and 10 of draft Law on Marks, Trade
Names and Acts of Unfair Competition.
Article 6sexties states that Paris Members undertake"
to protect service marks without being required to
provide for their registration.Articles 21, 22 and 23 of draft Law on Marks, Trade
Names and Acts of Unfair Competition.
Article 6septies requires that trademark owners be able
to oppose or request cancellation of a registration oftheir trademarks applied for by their agent orrepresentative without their authorization "unless theagent or representative justifies his action.Articles 10 (c), (d) and (e), and 11 of draft Law on
Marks, Trade Names and Acts of Unfair Competition.
Article 7 states that the nature of the goods to which a
trademark is applied may in no case be an obstacle to
the registration of the trademark. (Duplicate languageis in TRIPS Article 15.4.)Article 5 of draft Law on Marks, Trade Names and
Acts of Unfair Competition. Nice Classification is
applied for 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 thecountry of origin, even where the association is not
established in the country where protection is being
sought.Chapter 4, Articles 16, 17 and 18 of draft Law on
Marks, Trade Names and Acts of Unfair Competition.WT/ACC/KHM/7
Page 5
TRIPS Agreement Cambodia
Article 8 requires that trade names be protected by
Members without the necessity of registration,whether or not the names are part of a trademark.Chapter 6, Articles 20 and 21 of draft 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 forneither remedy, in which case domestic actions and
remedies must be available.Chapter 10, Articles 35 to 47 of draft Law on Marks,
Trade Names and Acts of Unfair Competition.
Article 10 applies the obligation of Article 9 to the
direct or indirect use of false indications of source of
goods, or false indication of the producer,manufacturer, or merchant of such goods.Articles 22, 23 and 59 of draft Law on Marks, Trade
Names and Acts of Unfair Competition.
Article 10bis requires Members to provide protection
against unfair competition, including against acts thatcreate confusion of various kinds about the goods oractivities of a competitor, that consist of false
allegations about a competitor, or that are apt to
mislead the public regarding a competitor's goods.Chapter 7, Articles 22 and 23 of draft 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 representingforeign businesses, on the basis of reciprocity, to take
action in court and before administrative authorities to
repress such acts.Chapter 8, Articles 27 and 28 of draft 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 exhibitedat 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 Protection ofPatents, Utility Models and Industrial Designs,Copyright and Neighbouring Rights.
Article 12 requires Members to establish industrial
property offices for patents. utility models, industrial
designs and trademarks for the communication to thepublic through publication of a periodic journal of thenames of patent owners with a brief designation oftheir inventions, and the reproduction of trademarks.Article 10 of draft Law on Marks, Trade Names and
Acts of Unfair Competition, and Articles 118 and 119
of draft Law on the Protection of Patents, UtilityModels and Industrial Designs.
Article 19 authorizes Members to enter into separateand special industrial property agreements among
themselves, so long as those agreements do not
contravene the provisions of Paris.
National treatment, with exceptions allowed in theParis, Berne and Rome Conventions.  Article 3.The draft Law on Trade Marks and draft Law on
Patents make no distinction between nationals andnon-nationals.
Most favoured nation treatment, with enumeratedexceptions.  Article 4.The draft legislation treats owners in all countries
equally without exceptions.WT/ACC/KHM/7
Page 6
TRIPS Agreement Cambodia
Copyright and Neighbouring Rights Citation to copyright and related laws
Compliance with Articles I through 21 of the Berne
Convention with the exception of Article 6bis, Article
9.1.See introductory note above.
Article 2 defines "literary and artistic works" as "every
production in the literary, scientific and artisticdomain whatever may be the mode or form of itsexpression," giving examples. Limitations related tospeeches are provided in Article 2bis.See introductory note above.
Article 3 requires that protection be provided to the
works of authors who are nationals of Berne Union
members and to works of nationals of non-Unioncountries if those works are published in a Unionmember simultaneously with publication in thenon-Union country.See introductory note above.
Article 4 requires that protection be provided
cinematographic works not falling under Article 3 if
the maker has a headquarters or habitual residence in a
Union member and to works of architecture or artisticworks incorporated into a building or structure in aUnion member.See introductory note above.
Article 5 requires that authors enjoy the rights required
by Berne and any other rights a country providesworks on a national treatment basis without beingsubject to any formalities.See introductory note above.
Article 7 requires that the term of protection for
copyright be 50 years following the death of the
author.  Special terms are authorized forcinematographic works, anonymous or pseudonymousworks, photographic works and works of applied art.Article 8 gives authors of protected works theexclusive right to make or authorize the making of
translations of the work.See introductory note above.
Article 9 requires that authors be given the exclusive
right to authorize reproduction of the work in anymanner or form with only limited exceptions that donot conflict with the normal exploitation of the workand do not unreasonably prejudice the legitimateinterests of the author.See introductory note above.
Articles 10 and 10bis define certain authorized "free
uses of works".See introductory note above.
Articles 11, 11bis, and 11ter require that authors of
dramatic, dramatico-musical and musical works and
any 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.See introductory note above.WT/ACC/KHM/7
Page 7
TRIPS Agreement Cambodia
Article 12 requires that authors of literary or artistic
works have the exclusive right to authorizeadaptations, arrangements and other alterations of theirworks.See introductory note above.
Article 13 authorizes countries to impose reservations
and conditions on the exclusive right granted authorsof musical works or written works that are recorded.See introductory note above.
Articles 14 requires that authors of literary and artistic
works 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).See introductory note above.
Article 14bis specifies that a cinematographic work is
to 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.See introductory note above.
Article 14ter requires "droit de suite" in connection
with subsequent sales works of art and manuscripts.See introductory note above.
Article 15 requires that ownership of a work, for
purposes of litigation, be presumed to be that whichappears on the work in the usual manner.See introductory note above.
Article 16 requires that infringing copies of a work be
subject to seizure whether domestically produced or
imported.See introductory note above.
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.See introductory note above.
Article 19 authorizes Union members to provide
greater protection than that required by theConvention.See introductory note above.
Article 20 authorizes Union members to enter into
special agreements among themselves to provide more
extensive rights than those provided by Berne.See introductory note above.
Protect computer programs, whether in source or
object code, as literary works under the BerneConvention.  Protect compilations of data, whether inmachine readable or other fo rm are to be protected as
intellectual creations if they constitute such.
Article 10.See introductory note above.
Provide rental rights at least for computer programs
and cinematographic works with certain exceptions.
Article 11.See introductory note above.WT/ACC/KHM/7
Page 8
TRIPS Agreement Cambodia
Provide a term of protection of fifty years from the
death of tile 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 yearsfrom the end of the calendar year of authorizedpublication, or, if not published within fifty years from
making, fifty years from the end of the calendar year
of making.  Article 12.See introductory note above.
Confine limitations and exceptions to exclusive rights
to certain special cases which do not conflict with anormal exploitation of the work and do notunreasonably prejudice the right holder's legitimateinterests.  Article 13.See introductory note above.
Provide performers with the right for 50 years from
the date of a performance to prevent unauthorized
fixation of their unfixed performances and of
reproductions of such fixations and to prevent theunauthorized broadcast by wireless means andcommunication to the public of their liveperformances.  Article 14.1 and 5.See introductory note above.
Provide phonogram producers with the right for 50
years from the date of first authorized fixation to
prohibit unauthorized reproduction of their
phonograms, directly or indirectly, and to prohibitrental of copies of their phonograms once sold orotherwise distributed.  Article 14.2, .4, and .5.See introductory note above.
Providing broadcasting organizations with the
exclusive rights for 20 years of fixation, reproductionof fixations, and rebroadcasting by wireless means of
their  broadcasts and the communication to the public
of broadcasts of their broadcasts or provide to theowners of the copyright in the material broadcast thepossibility of exercising such rights.  Article 14.3and 5.See introductory note above.
Trademarks Citation to appropriate law
Provide trademark or service mark protection for any
sign, or combination of signs capable of distinguishing
the goods or services of one undertaking from those of
other undertakings.  Article 15.1Article 2 of draft Law on Marks, Trade Names and
Acts of Unfair Competition.
Not deny registration for a mark based solely on thenature of the goods or services to which a trademark isto be applied.  Article 15.4.Article 4 of the draft law on Marks, Trade Names and
Acts of Unfair Competition.
Trademarks must be published before or shortly afterregistration to permit opposition or opportunity toapply for cancellation.  Article 15.5.Article 10 of draft Law on Marks, Trade Names and
Acts of Unfair Competition.
Provide trademark owners the exclusive right toprevent unauthorized use identical or similar marks for
similar goods or services of other parties if confusion
is likely to result.  Article 16.1Articles 4 (g), 11, 23 and 25 of draft Law on Marks,
Trade Names and Acts of Unfair Competition.WT/ACC/KHM/7
Page 9
TRIPS Agreement Cambodia
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 draft Law on Marks, Trade
Names and Acts of Unfair Competition.
Provide protection for well know trademarks andservice marks in accordance with Article 6bis, of theParis Convention, even where use is on goods orservices which are not similar to those in respect of
which a trademark is registered if the latter use would
imply a connection with the right holder or would belikely to damage the right holder's interests.  Article16.2 and .3.Articles 4 (e), (f) and 26 of draft 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 draft 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 draft Law on Marks, Trade Names and
Acts of Unfair Competition.
Allow cancellation for non-use only after a period of
three years of uninterrupted non-use unless valid
reasons exist for the non-use, including governmentinterference with use.  Article 19.1.Article 15 of draft Law on Marks, Trade Names and
Acts of Unfair Competition.
No encumbering of the use of a trademark by special
requirements.  Article 20.The draft 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 of
business.  Article 21.Article 19 (a) of draft Law on Marks, Trade Names
and Acts of Unfair Competition. Compulsory licensingis not provided for in the draft Law.
Geographical Indications Citation to appropriate law or laws
Provide means to prevent deceptive use of
Geographical indications identifying location where a
given quality, reputation or other characteristic of agood is attributable to its location.  Article 22.1 and 2.
Refuse to register or invalidate registrations of
trademarks containing geog raphical indications except
in instances in which such marks have been used
continuously for at least 10 years or in good faith
before 15 April 1994.  Article 22.3See introductory note above.
Protect against use of geog raphical indications even
when literally true but which falsely represent that thegoods originate in another territory.  Article 22.4See introductory note above.
Protect, with certain exceptions, appellations or origin
for wines and spirits even against use accompanied byexpressions suchSee introductory note above.
Protect, with certain exceptions, appellations or origin
for wines and spirits even against use accompanied by
expressions such as 'kind," type," "style," etc.  Article
23.1 and 24.See introductory note above.WT/ACC/KHM/7
Page 10
TRIPS Agreement Cambodia
Refuse or invalidate, with certain exceptions
trademark registrations containing geographicalindications for wines and spirits if they do notoriginate in the place named.  Article 23.2 and 24.See introductory note above.
Article 4 (c) of draft 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 draft Law on the Protection of
Patents, Utility Models and Industrial Designs.
Ensure that requirements for securing protection fortextile designs are not prohibitive of such protection.
Article 25.2.Articles 89 and 90 of draft Law on the Protection of
Patents, Utility Models and Industrial Designs.
Protection should last at least 10 years. Article 109 of draft Law on the Protection of Patents,
Utility Models and Industrial Designs.
Patents Citation to appropriate law
Provide patents for any inventions, whether productsor processes, in all fields of technology if they are
new, involve an inventive step and are industriallyapplicable.  Exceptions are permitted for plants andanimals, except for microorganisms and non-biological and microbiological processes.  Exemptions
are also permitted for reasons of ordre public and
morality.  Article 27.Articles 3 to 9 of draft Law on the Protection of
Patents, Utility Models and Industrial Designs.
Provide patent owners with the right to prevent others
from making, using, offering for sale, selling orimporting a patented product or from using a patentprocess or using, offering for sale, selling or importinga product produced directly using such process.
Article 28.1.Articles 41 to 42 of draft Law on the Protection of
Patents, Utility Models and Industrial Designs.
Give patent owners the right to assign the rights in the
patent, or transfer the rights by succession, or license
them.  Article 28.2Articles 13, 114 and 115 of draft Law on the
Protection of Patents, Utility Models 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 oncorresponding foreign applications.  Article 29.Article 18 of draft Law on the Protection of Patents,
Utility Models and Industrial Designs.
Ensure that any exceptions to exclusive patent rightsdo not unreasonably conflict with normal exploitation
of the patent and do not unreasonably prejudice the
legitimate interests of the patent owner, taking thirdparty interests into account.  Article 30.Section 11, Articles 47 to 55 of draft Law on the
Protection of Patents, Utility Models and Industrial
Designs.
Compulsory licenses can be issued only when
enumerated conditions are met, including such thingsas notice, remuneration, limitations on use and transferof the license, etc.  Article 31.Section 12 (Non-Voluntary Licenses), Articles 56 to
63 of draft Law on the Protection of Patents, UtilityModels and 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 draft
Law on the Protection of Patents, Utility Models and
Industrial Designs.WT/ACC/KHM/7
Page 11
TRIPS Agreement Cambodia
Provide a patent term of at least 20 years from the
filing date.  Article 33.Article 45 of draft Law on the Protection of Patents,
Utility Models 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 identicalproduct was made using the process and the patent
owner has been unable through reasonable efforts to
determine the process used.  Article 34.Articles 127 to 128 of draft Law on the Protection of
Patents, Utility Models 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 asincorporated into TRIPS by Article 35.See introductory note above.
Make unlawful, except in certain circumstances, the
reproduction, importation, sale or other distribution of
a protected layout design or an integrated circuit
embodying such design or an article containing such amicrocircuit.  Article 6 of Washington and Article 36of TRIPS.See introductory note above.
Provide such protection for a term of I 0 years from
the films, of an application for registration or fromfirst commercial exploitation.  Article 38.See introductory note above.
Undisclosed Information Citation to appropriate law or laws
Provide protection for undisclosed information that is
secret (not generally known or readily ascertainable);
has commercial value because of its secrecy., and has
been subject to reasonable  steps to keep it secret.
Article 39.2.See introductory note above.
Protect data submitted to obtain marketing approval
for pharmaceutical or agricultural chemicals utilizing anew chemical entity.  Article 39.3.See introductory note above.
Enforcement Citation to appropriate law or laws
- General Provisions
Provide for effective action against infringement of
intellectual property rights without creating barriers tolegitimate trade or opportunities for abuse.  Article41.1Chapter 8, Articles 24 to 28, Chapter 9, Articles 29 to
34, Chapter 10, Articles 53 to 47, Chapter 15, Articles58 to 65 of draft Law on Marks, Trade Names andActs of Unfair Competition; and Articles 125 to 132 of
draft Law on the Protection of Patents, Utility Models
and Industrial Designs.
Provide enforcement procedures that are fair andequitable and are not unnecessarily complicated orcostly and do not entail unreasonable time-limits orunwarranted delays.  Article 41.2Chapter 8, Articles 24 to 28, Chapter 9, Articles 29 to
34, Chapter 10, Articles 53 to 47, Chapter 15, Articles58 to 65 of draft Law on Marks, Trade Names andActs of Unfair Competition; and Articles 125 to 132 ofdraft Law on the Protection of Patents, Utility Models
and Industrial Designs.WT/ACC/KHM/7
Page 12
TRIPS Agreement Cambodia
Provide decisions on the merits based upon the
evidence presented in the case to the parties,preferably in writing with the reasons explained.Article 41.3.
Provide for appeals to judicial bodies of finaladministrative decisions and of at least the legalaspects of initial judicial decisions on the merits of a
case.  Article 41.4.Article 58 of draft Law on Marks, Trade Names and
Acts of Unfair Competition, and Articles 55, 123 and124 of draft Law on the Protection of Patents, Utility
Models and Industrial Designs.
Civil and Administrative Procedures and Remedies Chapters 8, 9 and 10 of draft Law on Marks, Trade
Names and Acts of Unfair Competition; Articles 125
to 128 of draft Law on the Protection of Patents,Utility Models and Industrial Designs.
Provide a procedure that allows plaintiffs to bring anaction for infringement; requires that defendants benotified; permits both side to present evidence insupport of their position; and protects confidential
information.  Article 42
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 draft laws restricts the authority of
judges to order the production of evidence. See alsoArticle 128 of the draft Patent Law.
Authorize judges to enjoin a defendant, except thegovernment, from infringing intellectual propertyrights.  Article 44. 1.Article 126 of draft Patent Law. Article 27 of the draft
Trademark Law.
Authorize judges to order the payment of monetarydamages adequate to compensate for the injury done
by the infringement.  Article 45.1Articles 58 to 65 of draft Law on Marks, Trade Names
and Acts of Unfair Competition, and Articles 123 to
128, and Articles 132 to 135 of draft Law on the
Protection of Patents, Utility Models and IndustrialDesigns.
Authorize judges to order infringer to pay rightholders enforcement costs and recovery of profitsand/or statutory damages.  Article 45.2.Article 27 of the draft Law on Trademarks. Article
126 of the draft Law on Patents.
Authorize additional remedies including seizure ofinfringing goods, and the materials and implementsthe predominant use of which is infringement.  Article
46.Article 65 of draft Law on Marks, Trade Names and
Acts of Unfair Competition and Article 134 of draftLaw on the Protection of Patents, Utility Models and
Industrial Designs.
Authorize indemnification of defendant, including
attorneys' 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 draftTrademark Law.
Exempt public authorities and officials from liabilityin connection with the administration of intellectualproperty laws only where the actions are taken orintended in good faith within the scope of tile relevant
authority.  Article 48.2.Article 45 of draft Law on Marks, Trade Names and
Acts of Unfair Competition.
Ensure that administrative remedies conform to the
principles in the preceding Articles.  Article 49.This is not addressed directly in the legislation.WT/ACC/KHM/7
Page 13
TRIPS Agreement Cambodia
- Provisional Measures
Authorize judges to grant temporary restraining orders
and provisional relief to prevent infringement and to
preserve evidence.  Article 50.1.Articles 29 to 34 of draft Law on Marks, Trade Names
and Acts of Unfair Competition.
Authorize judges to require the complaining party to
indemnify the defending party against harm if thedecision on the merits finds the provisional reliefunjustified.  Article 50.3.Articles 30(b) and 34 of draft law on Marks, Trade
Names and Acts of Unfair Competition.
Provide for notice, for formal action by the plaintiffafter temporary restraining orders, etc.  Article 50.4+.Articles 31and 32 of draft Law on Marks, Trade
Names and Acts of Unfair Competition.
- Border Measures
Provide for suspension of release by customsauthorities of goods suspected of bearing a counterfeit
trademark 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 draft Law on Marks, Trade Names
and Acts of Unfair Competition. Border measures will
be dealt with comprehensively in the Customs Code.
Require right holders initiating border measures to
provide evidence of a prima facie infringement and adescription of tile goods sufficient for customs
authorities to recognize them.  The right holder must
be notified within a reasonable time is action will betaken on his behalf.  Article 52Articles 35 to 47 of draft Law on Marks, Trade Names
and Acts of Unfair Competition. Border measures willbe dealt with comprehensively in the Customs Code.
Authorize authorities to require the right holderrequesting border measures to post a bond sufficient toprotect the defendant and to prevent abuse.  Article 53Articles 35 to 47 of draft Law on Marks, Trade Names
and Acts of Unfair Competition. Border measures willbe dealt with comprehensively in the Customs Code.
Requires prompt notification of the right holder andthe importer when action under Article 51 is taken.Article 54Articles 35 to 47 of draft Law on Marks, Trade Names
and Acts of Unfair Competition. Border measures willbe dealt with comprehensively in the Customs Code.
Requires that customs authorities be notified within a
maximum of 20 days of the receipt of notice that
proceedings on the merits have begun or thesuspension is to be revoked.  Article 55Articles 35 to 47 of draft Law on Marks, Trade Names
and Acts of Unfair Competition. Border measures will
be dealt with comprehensively in the Customs Code.
Authorities must be authorized to require the rightholder to compensate the importer or owner of thegoods subject to border measures if goods werewrongfully detained or if proceedings leading to a
decision on the merits are not begun within tile
allotted time.  Article 56.Articles 34 to 47 of draft Law on Marks, Trade Names
and Acts of Unfair Competition. Border measures willbe dealt with comprehensively in the Customs Code.
Right holders must be allowed to inspect the detainedgoods in order to substantiate the right holder's claims.Importers must be given similar authority.  Membersmay give the right holder the names and addresses ofthose involved in the importation when infringement isfound to exist.  Article 57.Articles 35 to 47 of draft Law on Marks, Trade Names
and Acts of Unfair Competition. Border measures willbe dealt with comprehensively in the Customs Code.WT/ACC/KHM/7
Page 14
TRIPS Agreement Cambodia
Establishes the conditions that must be in place if
customs authorities are authorized to act ex officio,including the ability to ask the right holder forinformation at any time; the requirement to notify theimporter promptly of the suspension; and therequirement that public officials be liable if they act in
bad faith.  Article 58Articles 34 to 47 of draft Law on Marks, Trade Names
and Acts of Unfair Competition. Border measures willbe dealt with comprehensively in the Customs Code.
Competent authorities must be able to orderdestruction or disposal other than by re-export ofinfringing goods where appropriate.  Article 59Articles 34 to 47 of draft Law on Marks, Trade Names
and Acts of Unfair Competition. Border measures willbe dealt with comprehensively in the Customs Code.
Members are authorized to except from bordermeasures small quantities of infringing goods of anon-commercial nature carried in personal luggage orshipped in small consignments.  Article 60Article 47 of draft Law on Marks, Trade Names and
Acts of Unfair Competition. Border measures will bedealt with comprehensively in the Customs Code.
- Criminal Procedures
Provide criminal procedures and penalties, sufficientto act as a deterrent, for wilful trademark
counterfeiting or copyright piracy on a commercial
scale.  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 draft Law on Marks, Trade Names
and Acts of Unfair Competition. Articles 132 to 135 of
the draft Patent Law.
__________