RESTRICTEDWORLD TRADE
ORGANIZATIONWT/ACC/KHM/7/Rev.1
31 July 2002
(02-4236)
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.1
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 to the Parliament and promulgated into law on 7 February 2002.A draft Law on Patents, Utility Model Certificates and Industrial Design was approved by the Councilof Ministers on 12 October 2001 and submitted to th e National Assembly for adoption. A draft Law on
Copyright and Neighbouring Rights was adopted by the Council of Ministers on 22 March 2002 and
submitted to the National Assembly for adoption.
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.
Please refer to 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 Industrial
Property 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 ofsource or appellations of origin, and the repression of
unfair competition.Chapters II, III, V of draft law on Patents, Utility
Models and Industrial Designs, and Articles 2, 20, 21,22, 23 of law on Marks, Trade Names and Acts ofUnfair Competition.
In Paris.  Article 1(3), industrial property applies not
only to industry and commerce proper, but to
agricultural 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 draft Protection of
Patents, Utility Models and Industrial Designs limit inany way protection in agricultural and extractiveindustries and they do apply equally to manufacturednatural products.
Under Paris, Article 2, nationals of Members are toenjoy in other Members the advantages that their
respective laws grant to nationals, and shall have the
same 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 draft Law on Patents
make no distinction between nationals and non-
nationals. Moreover, Article 129 of the draft Patent
law, Article 56 of the Trademark law clarify that in theevent of conflict between these laws and internationaltreaties, the provisions of international treaties shallprevail.
Paris.  Article 3, requires that nationals of non-Member countries domiciles or that have "real and
effective" industrial or commercial establishments in a
Member country be treated as nationals of a Membercountry.The Law on Trade Marks and draft Law on Patents
make no distinction between nationals and non-
nationals. Moreover, Article 129 of the draft Patent
law, Article 56 of the Trademark law clarify that in theevent of conflict between these laws and internationaltreaties, the provisions of international treaties shallprevail.WT/ACC/KHM/7/Rev.1
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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 draft law on Patents, Utility Models andIndustrial Designs, and Article 6 of Law on Marks,Trade Names and Acts of Unfair Competition.
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 draft 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 draft Law on Patents, Utility Models and
Industrial Designs addresses the grounds for refusing a
patent. Articles 65 to 68 state the conditions under
which a patent may be invalidated.
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 draft Law on Patents, Utility
Models and Industrial Designs do not allow forfeiture
of industrial designs for failure to work or forimporting (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.WT/ACC/KHM/7/Rev.1
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TRIPS Agreement Cambodia
Under Article 5(D), protection of patents, registered
trademarks, 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 onMarks, Trade Names and Acts of Unfair Competition,and the draft Law on Protection of Patents, UtilityModels and Industrial Designs.
Article 5bis requires that a grace period of at least sixmonths 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 draft Law on the
Protection of Patents, Utility Models and IndustrialDesigns. Article 12(d) of the 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 or
the 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 productproduced by the patent process that they would havewith respect to products manufactured at home.Article 42 of the draft Law on the Protection of
Patents, Utility Models and Industrial Designs.
Article 5quinquies requires that Paris Members protectindustrial 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 registration
independent of those in other countries, including the
country of origin.Articles 3 and 4 of the Law on Marks, Trade Names
and Acts of Unfair Competition define unregistrablemarks, especially Article 4 (g). These Articles cover
Article 6 of the Paris Convention
Article 6bis requires parties, ex officio if legally
possible 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.WT/ACC/KHM/7/Rev.1
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TRIPS Agreement Cambodia
Article 6quinquies requires that trademarks duly
registered in a Member be accepted for filing in otherMembers, 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 to
provide 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 able
to oppose or request cancellation of a registration of
their 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 the 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 tothe registration of the trademark. (Duplicate language
is 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 thecountry of origin, even where the association is notestablished 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 forneither remedy, in which case domestic actions andremedies 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 of
goods, 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 oractivities of a competitor, that consist of falseallegations about a competitor, or that are apt to
mislead 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 to
assure to foreign nationals effective legal remedies to
repress actions referred to in Articles 9, 10 and 10bis,and to allow federations and associations representingforeign businesses, on the basis of reciprocity, to takeaction in court and before administrative authorities to
repress such acts.Chapter 8, Articles 27 and 28 of the Law on Marks,
Trade Names and Acts of Unfair Competition.WT/ACC/KHM/7/Rev.1
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TRIPS Agreement Cambodia
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 internationalexhibitions 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 the 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 amongthemselves, so long as those agreements do not
contravene the provisions of Paris.The relevant Cambodia Laws do not have provisions
for this matter.
National treatment, with exceptions allowed in theParis, Berne and Rome Conventions.  Article 3.The Law on Marks, Trade Names and Acts of Unfair
Competition, draft Law on Patents, and draftCopyrights and Related Rights Law make nodistinction between nationals and non-nationals.
Most favoured nation treatment, with enumeratedexceptions.  Article 4.The Law on Marks, Trade Names and Acts of Unfair
Competition, draft Law on Patents, and draftCopyrights and Related Rights Law legislation treats
owners in all countries 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,
Article 9.1.The draft Copyright and Related Rights Law of
Cambodia complies with Articles 1 through 21 of the
Bern Convention.
Article 2 defines "literary and artistic works" as "everyproduction 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.Articles 2, 3, 7, 8, 10 and 68 of draft Copyright and
Related Rights Law.
Article 3 requires that protection be provided to theworks of authors who are nationals of Berne Union
members and to works of nationals of non-Union
countries 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 Copyright and
Related Rights Law.
Article 4 requires that protection be providedcinematographic works not falling under Article 3 ifthe maker has a headquarters or habitual residence in a
Union member and to works of architecture or artistic
works 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
Copyright and Related Rights Law.WT/ACC/KHM/7/Rev.1
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TRIPS Agreement Cambodia
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.Article 38, 39, and 40 of the draft Copyright and
Related Rights Law.
Article 7 requires that the term of protection forcopyright be 50 years following the death of theauthor. Special terms are authorized for
cinematographic works, anonymous or pseudonymous
works, photographic works and works of applied art.Article 8 gives authors of protected works theexclusive right to make or authorize the making oftranslations of the work.Articles 30 and 31 of the draft Copyright and Related
Rights Law define duration of protection. Article 22gives exclusive right to authors to make and authorize
the making of translations of the work.
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 do
not conflict with the normal exploitation of the work
and do not unreasonably prejudice the legitimateinterests of the author.Articles 22(e), 23, and 24 of the draft Copyright and
Related Rights Law.
Articles 10 and 10bis define certain authorized "freeuses of works".Article 23, 24, 25, 27, 28,  and 29 of the draft
Copyright and Related Rights Law.
Articles 11, 11bis, and 11ter require that authors ofdramatic, dramatico-musical and musical works andany translation thereof and authors of literary and
artistic works, the exclusive right to authorize the
public performance of their works, including bybroadcast, public recitation and any communication tothe public.Article 22 of the draft Copyright and Related Rights
Law.
Article 12 requires that authors of literary or artisticworks have the exclusive right to authorizeadaptations, arrangements and other alterations of their
works.Article 22 of the draft Copyright and Related Rights
Law.
Article 13 authorizes countries to impose reservations
and conditions on the exclusive right granted authors
of musical works or written works that are recorded.Article 22 of the draft Copyright and Related Rights
Law.
Articles 14 requires that authors of literary and artistic
works have the exclusive right to authorize thecinematographic adaptation and reproduction of theirworks and the distribution, public performance andcommunication to the public of the adaptation or
reproduction, without the limitations authorized under
Article 13(1).Article 22 of the draft Copyright and Related Rights
Law.
Article 14bis specifies that a cinematographic work isto be protected as an original work without prejudiceto any work that is adapted or reproduced and theauthor 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
Copyright and Related Rights Law.
Article 14ter requires "droit de suite" in connection
with subsequent sales works of art and manuscripts.This matter is under consideration within Copyrights
and Related Rights and RegulationsWT/ACC/KHM/7/Rev.1
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TRIPS Agreement Cambodia
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.Articles 11, 46, 47, and 48 of the draft Copyright and
Related Rights Law.
Article 16 requires that infringing copies of a work besubject to seizure whether domestically produced orimported.Articles 59, and 65 of the draft Copyright and Related
Rights Law.
Article 18 requires that copyright protection be appliedto all works, which, at the moment Berne becomeseffective, have not fallen into the public domain in the
country of origin through the expiry of the term of
protection.Article 68, and 69 of the draft Copyright and Related
Rights Law.
Article 19 authorizes Union members to providegreater protection than that required by theConvention.Article 30, 31 of the draft Copyright and Related
Rights Law provides greater protection than the BernConvention.
Article 20 authorizes Union members to enter intospecial agreements among themselves to provide more
extensive 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
the agreement on the Intellectual propertycooperation).
Protect computer programs, whether in source orobject 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.Articles 2(l), 7(l), and 8.1(b) of the draft Copyright
and Related Rights Law.
Provide rental rights at least for computer programsand cinematographic works with certain exceptions.Article 11.Article 22(c) of the draft Copyright and Related Rights
Law.
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 not
measured by the life of the author, a term of 50 years
from the end of the calendar year of authorizedpublication, 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 Copyright and Related
Rights Law.
Confine limitations and exceptions to exclusive rightsto certain special cases, which do not conflict with a
normal exploitation of the work and do not
unreasonably prejudice the right holder's legitimateinterests.  Article 13.Articles 23, 24, 25, 27, 28 and 29 of the draft
Copyright and Related Rights Law.WT/ACC/KHM/7/Rev.1
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TRIPS Agreement Cambodia
Provide performers with the right for 50 years from
the 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 Copyright and
Related Rights Law.
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 Copyright and
Related Rights Law.
Providing broadcasting organizations with theexclusive rights for 20 years of fixation, reproduction
of fixations, and rebroadcasting by wireless means of
their 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 Copyright and
Related Rights Law.
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 ofother undertakings.  Article 15.1.Article 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 toapply 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 16.1.Articles 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.
Provide protection for well know trademarks andservice marks in accordance with Article 6bis, of theParis Convention, even where use is on goods or
services which are not similar to those in respect of
which a trademark is registered if the latter use wouldimply 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 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.WT/ACC/KHM/7/Rev.1
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TRIPS Agreement Cambodia
Provide a period of protection for registration of at
least 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 governmentinterference 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 compulsory
licensing not permitted and owner of registered mark
must 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 is
not provided for in the Law.
Geographical Indications Citation to appropriate law or laws
Provide means to prevent deceptive use ofGeographical indications identifying location where agiven 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 usedcontinuously for at least 10 years or in good faithbefore 15 April 1994.  Article 22.3.Please see introductory note above and refer to  the
Action Plan on Intellectual Property Rights.
Protect against use of geog raphical indications even
when literally true but which falsely represent that thegoods originate in another territory.  Article 22.4.Please see introductory note above and refer to the
Action Plan on Intellectual Property Rights.
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.Please see introductory note above and refer to the
Action Plan on Intellectual Property Rights.
Protect, with certain exceptions, appellations or origin
for wines and spirits even against use accompanied byexpressions such as 'kind, "type," "style", etc.  Article23.1 and 24.Please see introductory note above and refer to the
Action Plan on Intellectual Property Rights.
Refuse or invalidate, with certain exceptionstrademark registrations containing geographical
indications for wines and spirits if they do not
originate in the place named.  Article 23.2 and 24.Please see introductory note above and refer to the
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 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 the draft Law on the Protection
of Patents, Utility Models and Industrial Designs.
Protection should last at least 10 years. Article 109 of the draft Law on the Protection of
Patents, Utility Models and Industrial Designs.WT/ACC/KHM/7/Rev.1
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TRIPS Agreement Cambodia
Patents Citation to appropriate law
Provide patents for any inventions, whether products
or 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 public order and
morality.  Article 27.Articles 3 to 9 of the 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 the 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 28.2.Articles 13, 114 and 115 of the 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 the 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 exploitationof the patent and do not unreasonably prejudice the
legitimate interests of the patent owner, taking third
party interests into account.  Article 30.Section 11, Articles 47 to 55 of the draft Law on the
Protection of Patents, Utility Models and IndustrialDesigns.
Compulsory licenses can be issued only whenenumerated 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 the draft Law on the Protection of Patents,Utility Models 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 the draft
Law on the Protection of Patents, Utility Models and
Industrial Designs.
Provide a patent term of at least 20 years from thefiling date.  Article 33.Article 45 of the draft Law on the Protection of
Patents, Utility Models and Industrial Designs.
Shift the burden of proof in process patent
infringement 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 patentowner has been unable through reasonable efforts to
determine the process used.  Article 34.Articles 127 to 128 of the 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 of
integrated circuits that are registered or have been
commercially exploited anywhere in the world.Articles 3, 4, 5, and 7 of the Washington Treaty asincorporated into TRIPS by Article 35.Please see introductory note above and refer to the
Action Plan on Intellectual Property Rights.WT/ACC/KHM/7/Rev.1
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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
Action Plan on Intellectual Property Rights.
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
Action Plan on Intellectual Property Rights.
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 hasbeen subject to reasonable  steps to keep it secret.
Article 39.2.Please see introductory note above and refer to the
Action Plan on Intellectual Property Rights.
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; and Articles 125 to 132 of thedraft Law on the Protection of Patents, Utility Modelsand Industrial Designs.
Provide enforcement procedures that are fair andequitable and are not unnecessarily complicated orcostly and do not entail unreasonable time-limits or
unwarranted delays.  Article 41.2 .Chapter 8, Articles 24 to 28, Chapter 9, Articles 29 to
34, Chapter 10, Articles 53 to 47, Chapter 15, Articles58 to 65 of the Law on Marks, Trade Names and Acts
of Unfair Competition; and Articles 125 to 132 of the
draft Law on the Protection of Patents, Utility Modelsand Industrial Designs.
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 60of the Law on Marks, Trade Names and Acts of UnfairCompetition; and Section 8 and 9, Articles 125 to 129;
and Chapter V, Articles 57 to 67 of draft Copyrights
and Related Rights Law.
Provide for appeals to judicial bodies of finaladministrative decisions and of at least the legalaspects of initial judicial decisions on the merits of acase.  Article 41.4.Article 58 of the Law on Marks, Trade Names and
Acts of Unfair Competition, and Articles 55, 123 and124 of the draft Law on the Protection of Patents,Utility Models 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 draft Law on the Protection of Patents,
Utility Models and Industrial Designs.WT/ACC/KHM/7/Rev.1
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TRIPS Agreement Cambodia
Provide a procedure that allows plaintiffs to bring an
action for infringement; requires that defendants benotified; permits both sides to present evidence insupport of their position; and protects confidentialinformation.  Article 42.Chapter 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 67of draft Copyrights and Related Rights Law.
Authorize judges to order production of evidencenecessary to substantiate a party's claims where that
party has been unable to obtain such evidence from the
opposing party.  Article 43.1.Nothing in the Law on Marks, Trade Names and Acts
of Unfair Competition and the draft Law on the
Protection of Patents, Utility Models and Industrial
Designs restricts the authority of judges to order theproduction of evidence. See also Article 128 of thedraft Patent Law.
Authorize judges to enjoin a defendant, except thegovernment, from infringing intellectual propertyrights.  Article 44. 1.Article 126 of the draft Law on the Protection of
Patents, Utility Models and Industrial Designs. Article27 of the Law on Marks, Trade Names and Acts ofUnfair Competition.
Authorize judges to order the payment of monetary
damages adequate to compensate for the injury done
by the infringement.  Article 45.1Articles 58 to 65 of the Law on Marks, Trade Names
and Acts of Unfair Competition, and Articles 123 to
128, and Articles 132 to 135 of the draft Law on theProtection 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 Law on Marks, Trade Names and
Acts of Unfair Competition. Article 126 of the draftLaw on the Protection of Patents, Utility Models and
Industrial Designs.
Authorize additional remedies including seizure ofinfringing goods, and the materials and implements
the predominant use of which is infringement.Article 46.Article 65 of the Law on Marks, Trade Names and
Acts of Unfair Competition and Article 134 of the
draft Law on the Protection of Patents, Utility Modelsand Industrial 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 liabilityin connection with the administration of intellectual
property laws only where the actions are taken or
intended 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, TradeNames and Acts of Unfair Competition, Protection ofPatents, Utility Models and Industrial Designs, and
Copyrights and Related Rights Law.
- Provisional Measures
Authorize judges to grant temporary restraining ordersand provisional relief to prevent infringement and to
preserve 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 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 the Law on Marks, Trade
Names and Acts of Unfair Competition.WT/ACC/KHM/7/Rev.1
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TRIPS Agreement Cambodia
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 customsauthorities 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 51.Articles 35 to 47 of the Law on Marks, Trade Names
and Acts of Unfair Competition. Border measures willbe dealt with comprehensively in the Law on Customs.
Require right holders initiating border measures to
provide evidence of a prima facie infringement and a
description 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 52.Articles 35 to 47 of the Law on Marks, Trade Names
and Acts of Unfair Competition. Border measures will
be dealt with comprehensively in the Law on Customs.
Authorize authorities to require the right holderrequesting 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. Border measures will
be dealt with comprehensively in the Law on Customs.
For the status of the law, please see Legislation ActionPlan.
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. Border measures willbe dealt with comprehensively in the Law on Customs.For the status of the law, please see Legislation ActionPlan.
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 55.Articles 35 to 47 of the Law on Marks, Trade Names
and Acts of Unfair Competition. Border measures will
be dealt with comprehensively in the Law on Customs.For the status of the law, please see Legislation ActionPlan.
Authorities must be authorized to require the rightholder to compensate the importer or owner of thegoods subject to border measures if goods were
wrongfully detained or if proceedings leading to a
decision 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. Border measures willbe dealt with comprehensively in the Law on Customs.
For the status of the law, please see Legislation Action
Plan.
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 of
those involved in the importation when infringement is
found to exist.  Article 57.Articles 35 to 47 of the Law on Marks, Trade Names
and Acts of Unfair Competition. Border measures willbe dealt with comprehensively in the Law on Customs.For the status of the law, please see Legislation Action
Plan.
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 the
requirement that public officials be liable if they act in
bad faith.  Article 58.Articles 34 to 47 of the Law on Marks, Trade Names
and Acts of Unfair Competition. Border measures willbe dealt with comprehensively in the Law on Customs.For the status of the law, please see Legislation ActionPlan.WT/ACC/KHM/7/Rev.1
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TRIPS Agreement Cambodia
Competent authorities must be able to order
destruction 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. Border measures willbe dealt with comprehensively in the Law on Customs.For the status of the law, please see Legislation ActionPlan.
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 60.Article 47 of the Law on Marks, Trade Names and
Acts of Unfair Competition. Border measures will be
dealt with comprehensively in the Law on Customs.
For the status of the law, please see Legislation ActionPlan.
- Criminal Procedures
Provide criminal procedures and penalties, sufficientto act as a deterrent, for wilful trademarkcounterfeiting or copyright piracy on a commercialscale.  Authorizes extension of criminal actions toother forms of intellectual property where
infringements 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 draft Law on the Protection of Patents, UtilityModels and Industrial Designs.
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