Phnom Penh, Cambodia – The intellectual property regulations of Cambodia have recently been updated with the introduction of the National Intellectual Property Policy for 2023-2028. This policy, which became effective in December 2023, is aimed at aligning Cambodia’s intellectual property laws with international standards. It focuses on three main objectives:

1. Legislative Development: The policy seeks to develop laws and regulations that meet international standards, ensuring that Cambodia’s intellectual property framework is robust and competitive.
2. Capacity Building: It emphasizes the enhancement of the capabilities of officials and relevant units to effectively implement intellectual property laws, thereby supporting the country’s economic and social development.
3. Public Awareness and SME Support: The policy also aims to increase public knowledge on intellectual property and its role in the growth of small and medium enterprises (SMEs), especially in sectors like commerce, science, and technology.

This policy is seen as a crucial step in fostering innovation and protecting intellectual property rights in Cambodia, which is expected to boost economic growth and attract foreign investment​. It also focuses on modernizing and strengthening the country’s IP framework to align with international standards. The most recent updates, under the 2023-2028 National IP Policy, have focused on enhancing enforcement mechanisms, expanding the scope of IP protection (particularly in digital and technological areas), and increasing public awareness and capacity building within government agencies responsible for IP management.

1. Trademark Protection: The updated laws have strengthened the enforcement mechanisms for trademark rights, including more stringent penalties for infringement and streamlined processes for registering trademarks.
2. Patent Law Enhancements: Revisions to patent laws include clearer guidelines on patentability criteria, particularly in areas related to biotechnology and pharmaceuticals. The updates aim to encourage innovation while ensuring that patent protections do not stifle competition.
3. Copyright Law Modernization: The copyright law has been updated to better protect digital content and address issues such as online piracy. The scope of copyright protection has been broadened to include a wider range of digital and electronic works.
4. Geographical Indications: The laws regarding geographical indications (GIs) have been updated to better protect products that are tied to specific regions of Cambodia, supporting local economies and preserving cultural heritage.
5. Public Awareness and Capacity Building: The government is also focusing on increasing public awareness about intellectual property rights and building capacity among officials to effectively implement the new laws.

The said updates are designed to create a more conducive environment for innovation and foreign investment, while also ensuring that Cambodia’s intellectual property regime is competitive on a global scale​. During the recent meeting between the Cambodian Minister of Commerce, the Chairman of the National Intellectual Property Committee, Cham Nimul, and the Korean Intellectual Property Office (KIPO), where views were exchanged on improving intellectual property cooperation training and other important issues, the Minister stressed the value of cooperation between KIPO and the Ministry of Commerce. She also highlighted the National Intellectual Property Policy 2023-2028 as a roadmap for IP development, showcasing the Royal Government of Cambodia’s dedication to bolstering IP protection and enforcement. During the meeting, both parties signed a Memorandum of Understanding to strengthen intellectual property cooperation, particularly focusing on creating a flexible framework to facilitate bilateral cooperation.

Cambodia’s intellectual property laws are designed to protect the rights of creators, inventors, and businesses, ensuring that their creations and innovations are legally safeguarded. These laws have been progressively updated to align with international standards, particularly under the said National Intellectual Property Policy for 2023-2028.

1. Trademarks
   • Cambodia’s trademark law is governed by the “Law Concerning Marks, Trade Names, and Acts of Unfair Competition” (2002). This law provides the framework for the registration, protection, and enforcement of trademarks. It allows for both the registration of trademarks and legal action against infringement.
2. Patents and Industrial Designs
   • The Law on Patents, Utility Model Certificates, and Industrial Designs (2003) governs patents and industrial designs. It offers protection for inventions and industrial designs, provided they meet the criteria of novelty, inventiveness, and industrial applicability. Recent updates have clarified guidelines on patentability, particularly for technological innovations.
3. Copyrights
   • Copyright protection in Cambodia is covered under the Law on Copyright and Related Rights (2003). This law protects literary, artistic, and scientific works, including digital content. The scope of protection has been broadened in recent years to better address issues such as digital piracy and the protection of electronic media.
4. Geographical Indications
   • The Law on Geographical Indications (2014) provides protection for products that are tied to specific geographic locations within Cambodia, such as Kampot pepper and Kampong Speu palm sugar. These laws help preserve the cultural heritage and economic value of local products.
5. Enforcement and Penalties
   • Cambodia’s IP laws include provisions for enforcement, allowing rights holders to take legal action against infringement. The penalties for IP violations include fines and imprisonment, depending on the severity of the infringement.
6. International Agreements
   • Cambodia is a member of several international IP agreements, including the World Intellectual Property Organization (WIPO), the Paris Convention, and the Berne Convention. These memberships help ensure that Cambodia’s IP laws are in line with global standards.

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