Copyright in CAMBODIA
Bud & Prairie are profusely expert and experienced to advise and assist you with copyright related matters.
- Legal Framework
- Law on Copyright and Related Rights (2002): The primary legislation governing copyright in Cambodia is the “Law on Copyright and Related Rights,” which was enacted in 2002. This law outlines the rights of authors, the scope of protection, and the procedures for enforcement.
- Sub-Decrees and Prakas: Additional regulations and guidelines issued by the Ministry of Culture and Fine Arts provide further details on the implementation of copyright laws and the administration of copyright protection.
- Copyrightable Works
- Types of Works: Copyright protection in Cambodia extends to a wide range of original works, including:
- Literary works (e.g., books, articles, poems).
- Musical compositions with or without lyrics.
- Dramatic works and choreographic works.
- Artistic works (e.g., paintings, sculptures, drawings).
- Cinematographic works and other audiovisual works.
- Photographs and software.
- Architecture and applied art.
- Criteria for Protection
- Originality: To qualify for copyright protection, a work must be original. This means it must be the result of the author’s own creative effort and not merely a copy of an existing work.
- Fixed Form: The work must be fixed in a tangible medium of expression, such as written, recorded, or otherwise captured in a way that can be perceived, reproduced, or otherwise communicated.
- Rights Conferred by Copyright
- Economic Rights: Copyright grants the author exclusive rights to:
- Reproduce the work.
- Distribute copies of the work.
- Publicly perform or display the work.
- Make adaptations or derivative works based on the original work.
- Moral Rights: Authors also have moral rights, which include:
- The right to attribution: The right to be recognized as the author of the work.
- The right to integrity: The right to object to any distortion, mutilation, or other modification of the work that could harm the author’s reputation.
- The right to withdraw: The right to withdraw the work from circulation if it no longer represents the author’s views or beliefs.
- Duration of Protection
- General Duration: Copyright protection in Cambodia lasts for the lifetime of the author plus 50 years after the author’s death. This applies to literary, artistic, and musical works.
- Anonymous and Pseudonymous Works: For works published under a pseudonym or anonymously, the copyright duration is 50 years from the date of first publication. If the author’s identity becomes known, the protection extends to 50 years after the author’s death.
- Cinematographic and Audiovisual Works: The duration of copyright protection for cinematographic and audiovisual works is 50 years from the date of the work’s first publication or, if unpublished, from the date of creation.
- Registration
- Voluntary Registration: While copyright protection is automatic upon the creation of a qualifying work, authors can voluntarily register their works with the Ministry of Culture and Fine Arts. Registration provides a formal record of the copyright and can be useful in disputes or for licensing purposes.
- Procedure: The registration process involves submitting a completed application form, a copy of the work, and payment of the required fee. The Ministry then issues a certificate of registration.
- Enforcement and Remedies
- Infringement: Copyright infringement occurs when someone uses a copyrighted work without authorization. This includes unauthorized reproduction, distribution, performance, or creation of derivative works.
- Legal Remedies: Copyright owners can seek legal remedies for infringement, including:
- Injunctive relief to stop the infringing activity.
- Monetary damages for financial losses incurred due to the infringement.
- Statutory damages, if applicable.
- Legal costs and attorney fees.
- Dispute Resolution: Disputes related to copyright can be resolved through litigation in Cambodian courts or through alternative dispute resolution mechanisms such as arbitration and mediation.
- International Protection
- Berne Convention: Cambodia is a member of the Berne Convention for the Protection of Literary and Artistic Works, which provides for the protection of works across member countries without the need for formal registration. This means that works protected in Cambodia are recognized in other member countries and vice versa.
- WIPO Copyright Treaty: Cambodia is also a signatory to the WIPO Copyright Treaty, which addresses the protection of copyrighted works in the digital environment and the internet.
- Challenges and Opportunities
- Awareness and Enforcement: One of the key challenges in Cambodia is raising awareness about copyright and ensuring effective enforcement. This includes educating creators, businesses, and the public about copyright laws and the importance of respecting intellectual property rights.
- Piracy and Counterfeiting: Copyright infringement, including piracy and counterfeiting, remains a significant issue in Cambodia. Addressing these challenges requires stronger enforcement mechanisms and greater cooperation between government authorities, copyright holders, and industry stakeholders.
- Digital Content: With the growth of digital content and online platforms, there are increasing opportunities for creators to distribute their works widely. However, this also presents challenges related to digital piracy and the need for robust online copyright protection.
The copyright system in Cambodia provides a framework for protecting the rights of authors and creators, encouraging creativity and innovation. While there are challenges in terms of enforcement and public awareness, the legal framework is in line with international standards and offers opportunities for both local and international creators. As Cambodia continues to develop its economy and digital infrastructure, strengthening copyright protection and enforcement will be crucial for supporting creative industries and ensuring fair use of intellectual property.
For further information, please do not hesitate to contact us at [email protected].
1. Patentability Search
Patentability search is also known as a novelty search, which helps identify whether or not an idea is novel and involves an inventive step (nonobvious). The most complete searches include all types of prior art to give an inventor or organization a comprehensive look at the technology landscape. A patentability search should be completed during the ideation phase, as well as prior to disclosure.
A patentability search is conducted by examining published patents that relate to your own invention to figure out whether your idea has already been patented. You can also see similar inventions, allowing you to improve and refine your own invention without infringing on someone else’s patent. And you can do all this before you have spent many hours and thousands of dollars on an idea that you can’t patent.
2. Freedom to Operate Search
A freedom to operate search (often abbreviated as FTO) determines how similar your product is to existing patents, and therefore how likely you are to infringe on a patent by making and marketing your invention. You may also see this type of search called a patent infringement search or right-to-use search.
Completing an FTO search early in the innovation cycle helps R&D teams design around existing patents. Later on, the results of the search can identify whether you may need to license other patents to bring your product to market.
3. State of the Art Search
Completing a state of the art search (also known as a product clearance or patent landscape search) allows you to examine the literature related to a specific industry, rather than around a certain technology, which may be applicable across industries. Using a state of the art search helps businesses find competitors and existing products within their field. These insights allow researchers, engineers, and leaders to make strategic decisions at any point within the innovation cycle.
4. Invalidity Search
To assess the strength of a specific patent, companies will use an invalidity search. This is also called a validity search. The results of this search determine whether or not the patent holder can claim infringement. They can also be used to decide licensing fees or value. If an invalidity search finds evidence in the form of existing, yet undiscovered, prior art, the patent should not have been granted and is unenforceable. This type of patent search is completed after a patent is granted.
5. Evidence of Use Search
Some organizations actively seek out products that infringe on their patent rights. This type of search is called an evidence of use search. To find these products, an organization or inventor will review similar patents and look for evidence the patent is utilized in a way that infringes on the searcher’s rights. Evidence of use searches happen after a patent is granted and as it matures.
6. Search Database
There are several databases in which patent searching may be done. Many databases such as USPTO, Google Patents, Free Patents Online, esp@cenet etc. are freely available, while other databases such as ThomsonInnovation, Orbit, Patbase etc. are available on the basis of a subscription. Each of these databases varies in terms of at least one of the following: Data Coverage, Search Engine, Interface.
• Google Patent Search Database. The Google search engine has revolutionized how people use the Internet. …;
• Patentscope. Patentscope is a free database put out by the World Intellectual Property Organization (WIPO)…;
• The USPTO Database…;
• Espace European Database…
The following are some of the largest and most popular patent office databases.
• Canadian Patents Database (CIPO)…;
• DEPATISnet (DPMA)…;
• Espacenet (EPO)…;
• JP-PlatPat (JPO)…;
• PatentScope (WIPO)…;
• U.S. Patent Assignment Database (USPTO)…;
• U.S. Patent Center (USPTO)…;
• U.S. Patent Databases (USPTO).
However, an inventor or applicant can also conduct their own patent search. The inventor or applicant has the advantage of often being more familiar with the art to which the invention relates, including having an understanding of the common knowledge held by persons skilled in the art and the relevant terminology.
Patent drafting is a part of how to patent an idea and is the process of writing the patent description and claims. It is at the core of every patent application. When the patent is issued or allowed, the draft serves as the specification part of the document. The patent applicants have to be more aware that depending on how well the complete specification is drafted and how precisely and correctly the claims describe the invention or the imaginary ‘boundary” is set, the easier it will be to defend it against third parties.
Normally, a patent specification covers the following parts:
• Field of Invention: It generally discloses a field to which the invention generally relates.
• Background: It discloses existing devices or methods related to the field of invention, broadly known as prior art. Background generally discloses prior art and limitations or disadvantages associated with the prior art.
• Summary of Invention: It (i) discloses the objectives of the invention, (ii) generally lists distinguishing features and advantages of the invention for which protection is being sought, (iii) summarizes the main features of the invention to be claimed, and (iv) also includes a broader explanation of the invention and briefly mentions the solution provided by the invention.
• Brief Description of Drawings (if any): If the invention includes any drawings, then this section includes a description of the drawing briefly such that a reader can get an overview of what could be disclosed by the drawing. The drawings are to be prepared in separate sheets as per different guidelines of different jurisdictions. The drawing sheets are filed with the patent specification.
• Detailed Description of Invention: It explains the different features of the invention in detail. Detailed description should be written such that a skilled person in the art can understand the invention solely after referring to this description. All claimed features and their interconnections, if any, need to be explained. In other words, all the claimed features need to be well supported in the detailed description.
• Claim(s): Claims are the most important part of a patent draft. Claims decide the scope of the protection which would be awarded to the inventor when the patent is granted. Claims are broadly divided into two categories, independent claim, and dependent claim. Every patent draft or patent application must contain at least one independent claim. Claims tend to change in course of the examination (narrower in most cases than the originally filed claims.
• Abstract: It is a technical summary of the invention. Generally, the Abstract should disclose the invention sufficiently to enable a person to perform a search for anticipation. The publication of a patent application includes publication of the abstract and representative drawing, if any.
• Drawings: Not all specifications have drawings. Such drawings, if any, would be prepared and submitted to the Patent Office in separate sheets. Different jurisdictions have different rules for allowable drawing sheets.
The significance of patent drafting and its impact on the patent protection should be conveyed to the SMEs, start-ups and inventors along with the information on importance of the patent protection in general. They should be informed that in case of any opposition or challenging the validity of their patent by a third party, a poorly drafted patent will be easily invalidated.
An opposition proceeding is an administrative process available under the patent law of many jurisdictions which allows third parties to formally challenge the validity of a pending patent application (pre-grant opposition), of a granted patent (post-grant opposition).
Once the patent application is published, an opposition may be filed within a certain time period prescribed under the applicable law. The opponent shall state the grounds for opposition and submit any evidence. If no opposition is filed during that period, the substantive examination will be carried out.
In the meantime, an applicant for a patent, any of whose claims has been twice rejected, may appeal from the decision of examiners to IP Vietnam, having once paid the fee for such appeal.
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