IP – related laws in Cambodia

Kram Dated September 1, 1995 On The Regime Of The Press Law On Insurance Land Law Of Cambodia 2001 Kram Dated January 24, 1997 On Drug Control Kram Dated June 17, 1996 On The Management Of Pharmaceuticals Kram Dated November 12, 1997 On Abortion1997 On Abortion Kram Dated February 8 1993 On Criminal Procedure Law […]

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Law concerning Marks, Trade Names and Acts of Unfair Competition of the Kingdom of Cambodia

Royal Decree

NS/RKM/0202/006

We,

Preahbath Samdach Preah Norodom Sihanouk Varman Reach Harivong Uphato Sucheat Visothipong Akamohaborasrat Nikarodom Thamik Mohareacheathireach Boromaneat Boromabopit Preah Chau Krong Kampuchea Thipdey

  • having seen the Constitution of Kingdom of Cambodia;

  • having seen Kret No. NS-RKT-1198-72 dated November 30, 1998 on the appointment of the Royal Government of Cambodia;

  • having seen Kram 02-NS-94 dated July 20, 1994 on the organization and functioning of the Councils of Ministers;

  • having seen Kram NS-RKM-0196-16 dated January 24,1996 promulgated the law on Creation of the Ministry of Commerce.

  • having seen the request or Samdech Priminister of the Royal Government of Cambodia and Minister or the Ministry of Commerce.

PROMULGATE

The Law concerning Marks, Trade Names and Acts of Unfair Competition of the Kingdom of Cambodia approved by the National Assembly on December 6, 2001, at the 7th plenary session, 2nd legislature and approved wholly the formality and legality by Senate on January 08, 2002 at 6th plenary session, 1st legislature with the following full text.

Kingdom of Cambodia Nation Religion King

LAW CONCERNING MARKS, TRADE NAMES AND ACTS OF UNFAIR COMPETITION

Chapter 1: General Provisions

Article 1:This law has the objective to protect the marks and trade names duly registered in the register of marks in the Kingdom of Cambodia and prevent the acts of unfair competition on the creation, the utilization of marks and trade names.

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Law on the Patents, Utility Model Certificates and Industrial Designs in Cambodia

PREAH REACH KRAM (ROYAL DECREE)

NS/RKM/0103/005

WE

PREAHBAHT SAMDECH PREAH NORODOM SIHANOUK REACH HARIVONG UPHATO SOCHEAT VISOTHIPONG AKAMOHABORASRAT NIKARODOM THAMMIK MOHA REACHEA THIREACH BOROMANEAT BOROMBOPIT PREAH CHAU KRONG KAMPUCHEA THIPDEY

seen the Constitution of the Kingdom of Cambodia;

-seen the Royal Decree No NS/RKT/1198/72 dated November 30, 1998 on the appointment of the Royal Government of Cambodia;

-seen the Royal Decree No 02/NS/94 dated July 20, 1994 promulgating the Law on the Organization and Functioning the Council of Ministers;

-seen the Royal Decree No NS/ RKM/0196/05 dated January 24, 1996 promulgating the Law on the establishment of the Ministry of Industry, Mines and Energy;

-persuant to the proposals of the Prime Minister of the Royal Government of Cambodia and the Minister of Industry, Mines and Energy;

HEREBY PROMULGATE

the Law on Patents, Utility Model Certificates and Industrial Designs which was adopted by the National Assembly on November 28, 2002 during the ninth plenary session of its second legislature and ratified by the Senate as to its entire form and legality without any correction on December 31, 2002 during the eight plenary session of its first legislature, the whole meaning of which shall be as follows:

Law on the Patents, Utility Model Certificates and Industrial Designs

CHAPTER 1 GENERAL PROVISIONS

Article 1.

This Law provides protection for granted patents and utility model certificates and for registered industrial designs in the Kingdom of Cambodia in accordance with this Law and the Patent Cooperation Treaty.

Article 2.

The objective of the Law is:

(i) to encourage innovation and scientific and technological research and development;
(ii)to stimulate and promote increased internal and external commerce and investment;
(iii) to promote the transfer of technology to the Kingdom of Cambodia in order to facilitate industrial activity and the development of the economy; and
(iv) to provide protection for industrial property rights and to combat the infringement thereof, as well as illegal business practices.
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Law on Copyright and Related Rights in Cambodia

LAW ON COPYRIGHTS AND RELATED RIGHTS

(Adopted by the National Assembly on January 21, 2003 and ratified by the Senate on February 13, 2003.

CHAPTER I General Provisions

Article 1

The purpose of this law is, by providing for the rights of author, and the right related thereon with respect to works and the protection of cultural products, performance, phonogram, and the transmission of broadcasting organization in order to secure a just and legitimate exploitation on those cultural products, and thereby contribute to the development of culture.

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Policy & legal framework on the genetic resource linked to Intellectual Property rights and its implementation in Cambodia

The relationship between agriculture, genetic resources, traditional knowledge and Intellectual Property rights is a contentious, on-going, issue of debate in several multilateral institutions. These include the World Trade Organization (WTO), and the World Intellectual Property Organization (WIPO), the Convention on Biological Diversity Conference of the Parties (CBD COP), and the United Nations’ Food and Agriculture Organization (FAO).

So far the government of Cambodia is a member of CBD and the government has developed a National Biodiversity Strategies and Action Plan since 2002. The strategy and actions has been implemented and enforced in order to preserve and develop the biodiversity in Cambodia. Furthermore, the government developed a number of laws and regulation to protect the Intellectual Property rights however there is no clear policy/strategy or law to protect the Intellectual Property rights in the framework of genetic resource.

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