Cambodia - Protecting Intellectual Property Cambodia - Protecting IP
Several general principles are important for effective management of intellectual property (“IP”) rights in Cambodia. First, it is important to have an overall strategy to protect IP. Second, IP may be protected differently in Cambodia than in the United States. Third, rights must be registered and enforced in Cambodia under local laws; for example, U.S. trademark and patent registrations will not offer protections in Cambodia. There is no such thing as an “international copyright” that will automatically protect an author’s writings throughout the entire world. Protection against unauthorized use in a particular country basically depends on the national laws of that country. However, most countries do offer copyright protection to foreign works in accordance with international agreements.
Granting patents registrations is generally based on a first-to-file basis. Similarly, registering trademarks is based on a first-to-file, so companies should consider how to obtain patent and trademark protection before introducing products or services to the Cambodian market. It is vital that companies understand that intellectual property is primarily a private right and that the U.S. government cannot enforce rights for private individuals in Cambodia. It is the responsibility of the rights holders to register, protect, and enforce their rights where relevant, retaining their own counsel and advisors. Companies may wish to seek advice from local attorneys or IP consultants who are experts in Cambodian law. The U.S. Commercial Service can provide a list of local lawyers upon request.
While the U.S. Government stands ready to assist, there is little we can do if the rights holders have not taken these fundamental steps necessary to securing and enforcing their IP in a timely fashion. Moreover, in many countries, rights holders who delay enforcing their rights in the mistaken belief that the U.S. government can provide a political resolution to a legal problem may find their rights have been eroded or abrogated due to legal doctrines such as statutes of limitations, laches, estoppel, or unreasonable delay in prosecuting a lawsuit. In no instance should U.S. Government advice be seen as a substitute for the responsibility of a rights holder to promptly pursue its case.
It is always advisable to conduct due diligence on potential partners. A good partner is an important ally in protecting IP rights. Companies should carefully consider whether to permit partners to register IP rights on their behalf. Doing so may create a risk that a partner would list itself as the IP owner and fail to transfer the rights should the partnership end. Keep an eye on your cost structure and reduce the margins (and the incentive) of would-be bad actors. Projects and sales in Cambodia require constant attention. Work with legal counsel familiar with Cambodia laws to create a solid contract that includes non-compete clauses and confidentiality/non-disclosure provisions.
It is also recommended that small and medium-sized companies understand the importance of working together with trade associations and organizations to support efforts to protect IP and stop counterfeiting. There are a number of these organizations, both Cambodia or U.S.-based. These include:
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The U.S. Chamber and local American Chambers of Commerce
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National Association of Manufacturers (NAM)
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International Intellectual Property Alliance (IIPA)
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International Trademark Association (INTA)
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The Coalition Against Counterfeiting and Piracy
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International Anti-Counterfeiting Coalition (IACC)
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Pharmaceutical Research and Manufacturers of America (PhRMA)
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Biotechnology Industry Organization (BIO)
IP Resource
A wealth of information on protecting IP is freely available to U.S. rights holders. Some excellent resources for companies regarding intellectual property include the following:
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For information about patent, trademark, or copyright issues -- including enforcement issues in the US and other countries -- call the STOP! Hotline: 1-866-999-HALT or visit Intellectual Property Rights Information & Assistance
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For more information about registering trademarks and patents (both in the U.S. as well as in foreign countries), contact the U.S. Patent and Trademark Office (USPTO) at: 1-800-786-9199, or visit United States Patent and Trademark Office.
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For more information about registering for copyright protection in the United States, contact the U.S. Copyright Office at: 1-202-707-5959, or visit Copyright.
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For more information about how to evaluate, protect, and enforce intellectual property rights and how these rights may be important for businesses, please visit the “Resources” section of the STOPfakes website.
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For information on obtaining and enforcing intellectual property rights and market-specific IP Toolkits visit STOPfakes IPR Toolkits. The toolkits contain detailed information on protecting and enforcing IP in specific markets and also contain contact information for local IPR offices abroad and U.S. government officials available to assist SMEs.
The U.S. Department of Commerce has positioned IP attachés in key markets around the world. Contact details for the IP attaché who covers Southeast Asia, including Cambodia, is below.
Kitisri Sukhapinda, IP Attaché
Kitisri.sukhapinda@trade.gov
U.S. Embassy Bangkok, Foreign Commercial Service
Room 302, GPF Witthayu Tower A
93/1 Wireless Road, Bangkok, 10330 Thailand