Topic 8: IP Rights Infringement and Enforcement: Accounting for Socio-Economic, Technical Development Variables, including in the context of Recommendation 45 of the WIPO Development Agenda: Cambodia’s Experiences Second WIPO Inter-Regional Meeting on South-South Cooperation on Patents, Trademarks, GI, Industrial Designs and Enforcement Cairo, May 08, 2013 Penn Sovicheat, Deputy Director General Ministry of Commerce, Cambodia

Brief overview of Current IP Administration in Cambodia Ministry of Commerce: Trademark, trade name, acts of unfair competition, GI, Trade Secret. Ministry of Industry, Mines and Energy: Patent, Industrial Design, Layout Design of Integrated Circuit, Plant Varieties Protection. Ministry of Culture and Fine Arts: Copyright and Related Rights. National Committee on IPRs: An umbrella of the three institutions for policy level and focal point for technical assistance. Secretariat is located in the Ministry of Commerce. 08/5/20132PSC/MoC

Existing IP Legal framework  Law on Patents, Utility Model Certificates and Industrial Designs, in (January 2003) followed by regulations on procedures for the registration of industrial designs, and for the grant of patents and utility model certificates (November 2006).  Law Concerning Marks, Trade Names and Acts of Unfair Competition (February 2002), followed by Sub-Decree No. 46 on the Implementation of the Law (July 2006); border measure provisions are included in this sub-decree.  Law on Copyrights and Related Rights (March 2003), and draft sub- decree on the establishment of collective management organizations is currently under discussion.  Legislation on plant variety protection was adopted in 2008, as the Law on Seeds Management and Plant Breeder's Rights. 08/5/20133PSC/MoC

Membership in IP International Instruments  Cambodia is a member of WIPO since  Member of Paris Convention since  Member of WTO in 2004 through full accession process: -Granted a phase-in period up to 2007 to fully implement TRIPs. -In 2005, was granted an extension until 2013 with the other LDCs.  Considering to join: -Berne Convention for the Protection of Literary and Artistic Works. -Patent Cooperation Treaty and the Hague Agreement Concerning the International Registration of Industrial Designs. -International Convention for the Protection of New Varieties of Plants. -Protocol Relating to the Madrid Agreement Concerning the International Registration of Marks. 08/5/20134PSC/MoC

What we are trying to do to apply Recommendation 45? Recommendation 45: “ To approach IP Enforcement in the context of broader societal interests and especially development-oriented concerns…” -Contribute to the promotion of technological innovation and transfer of technology. -Taking into account mutual advantage of producers and users. -Taking into account balance of rights and obligations – conducive to social and economic welfare (TRIPs, Article 7) 08/5/20135PSC/MoC

What we are trying to do to apply Recommendation 45? Works of National Committee for IPRs: Establishment of IP institutional and legal framework:  A number of IP regulations have been further developed to create sufficient legal framework to enforce IPRs: Law on Geographical Indications, Regulation on the establishment of CMOs, Sub-Decree on the enforcement mechanism of IPRs, Regulation on the governance of optical disc and photocopy business, Regulation on the implementation of Trademark Manual.  Setting up of Sub Committee on IP Enforcement under NCIPR to provide platform for comprehensive cooperation between enforcement agencies.  Setting up Sub Committee on IP Education and Dissemination to provide platform to promote IP knowledge and build IP culture among students and public. 08/5/20136PSC/MoC

What we are trying to do to apply Recommendation 45? Building up IP culture and awareness:  Establish strong relationship with private sector through encouragement of the role of Corporate Social Responsibility (CSR) as part of an enforcement strategy, as well as other preventive measures, such as awareness- raising and/or agreement between the super market owner, right holder and enforcement agencies to prevent infringement.  Cooperate with private sector to educate consumers and business on IP Rights and the importance of IP commercialization for business development. 08/5/20137PSC/MoC

What we are trying to do to apply Recommendation 45?  Preparing to set up IP information center: NCIPR Secretariat, Universities.  Establishing IP Curriculum for IP Education purpose.  Promote innovation and creativity through linkage between universities and industry and encourage government participation in this scheme.  Utilization of available IP database for research and development: NCIPR initiative – requesting Technical assistance and support from WIPO or using regional approach. 08/5/20138PSC/MoC

What we are trying to do to apply Recommendation 45? WIPO Technical Assistance: To development National IP strategy: Looking into internal possibility and opportunities to benefit from IP system.  Four objectives have been set: Improve the capability and capacity within the Cambodian economy and institutions to identify and strategically use the intellectual property system to support Cambodia’s economic development. Improve the capability and capacity within the Cambodian Government to deliver intellectual property policy, services and enforcement to support Cambodia’s agricultural, commercial, industrial and cultural sectors and the tourism industry. Improve awareness and understanding within the broader population of the economic role of intellectual property to increase the strategic use of the intellectual property system by Cambodian businesses. Align Cambodia’s intellectual property legislation with international standards to meet Cambodia’s development, economic and social needs. 08/5/20139PSC/MoC

What we are trying to do to apply Recommendation 45?  Six sectors have been identified to prioritize where key opportunities exist for Cambodia to benefit from the intellectual property system for economic development: Agriculture, Culture, Education & Training, Health, Industry and Commerce, Tourism.  A number of initiatives have been defined to reach the objectives: Improving capacity and building capacity on IPRs, Raising IP awareness, Improving IP legislations, Develop and effectively implement IP Enforcement Strategies.  And recommended agencies and stakeholders have been identified to undertake the tasks. 08/5/201310PSC/MoC

What we are trying to do to apply Recommendation 45? Example of expected sector development benefited from IPRs:  Agriculture: -Protection of new plant varieties: Strategic use of plant variety protection to improve agricultural outputs. - Facilitation of sharing plant varieties and accessing technologies and chemicals: Ensuring that intellectual property requirements for sharing and accessing are capable of being met. -Branding and marketing of agricultural products both domestically and internationally through the strategic use of certification marks, collective marks and trademarks. 08/5/201311PSC/MoC

What we are trying to do…  Commerce and Industry: The branding and promotion of the Cambodian designed garments and fashion products, textiles and food items through the strategic use of trademarks, designs, geographical indications, collective marks, certification marks and copyright. The improvement in production and quality of the garment sector and food industry through local innovation, acquiring new technology or licensing of technology or using out of patent technology. The use of trade secrets where appropriate and tactical use of non- disclosure agreements concerning customer lists, customer and distributor relationships, marketing strategies, competitor analysis. 08/5/201312PSC/MoC

What we are trying to do…  Health: -Fostering the growth of a pharmaceutical industry in Cambodia. - Controlling and reducing the price of pharmaceuticals through taking advantage of the flexibilities available under the TRIPs Agreement to access essential medicines. -Providing tools to assist with enforcement action against providers of counterfeit pharmaceuticals. -Facilitating collaboration with outside health organizations to share technologies, methods of treatment and pharmaceuticals which otherwise may not be made available without adequate intellectual property protection. -Providing mechanisms for the control and protection of traditional medicines and traditional medicine practices, and opportunities for protection for innovations in this area. 08/5/201313PSC/MoC

What we are trying to do…  Tourism: -The branding and protection of that branding of Cambodia as a tourism destination. -Supporting initiatives to guarantee the quality of tourism products and services through branding, collective marks and certification marks. -Providing mechanisms to ensure authenticity of cultural products such as handicrafts, traditional dance and traditional music through certification of traditional methods and guarantees of place of origin (country, province or village). -Providing the means for the protection and control of use of iconic Cambodian images by tour operators and travel agents 08/5/201314PSC/MoC

Remaining challenges -Counterfeit and pirated goods can be found everywhere and in most cases have been popularly endorsed by consumers: consumer attitude and awareness. - Reluctance of Rights holders: Costs to rights holders and their contribution to IPRs enforcement: an important factor. -IP environment: Research and Development is limited due to less encouragement and availability of fund. -IP Commercialization: Yet to be proliferated, application of this concept is still limited. 08/5/201315PSC/MoC

Remaining challenges -Limited knowledge on IPRs within the general public and enforcement agencies: require the need to build IP culture among them. -Limited cooperation of private sector or right-holder in identifying counterfeiting. -Lacking of information sharing on counterfeiting and piracy among the region. -Shortage of IP experts to provide advice or awareness to the public. 08/5/201316PSC/MoC

Enhancing Cooperation on IP Enforcement Develop Joint IP Work Plan: Concrete Example: Regional cooperation on IP enforcement: ASEAN Context  Initiative on IP Enforcement: -Regional Action Plan on IPR Enforcement: Development and implementation. -National internal guidelines for enforcement consistent with the civil, criminal, and administrative structures -Publish available statistical information relating to IP enforcement, including the status of IP cases in the courts. 08/5/201317PSC/MoC

Enhancing Cooperation on IP Enforcement -Reduced movements of pirated and counterfeit goods into and between member states through documentation. -Encourage Private sector involvement in antipiracy and information awareness campaigns at the regional level. -Conduct Workshops, training course on enforcement issues and developments in IPR protection. -Promote strong linkages between the national IP Office and the judiciary to deal with IP enforcement. -Promote Information awareness activities through the development of materials on IP enforcement. 08/5/201318PSC/MoC

Remarks Role of IP Advanced Developing Countries in realizing South-South Cooperation on IPRs: -Provide assistance to build IP capacity: on specialized subjects: China: traditional medicine, TK,… Japan: Branding, Patent information,… India: Compulsory license, TK,… Brazil, Thailand: GI -Assistance to promote IP environment, IP education & awareness, IP Commercialization,… Role of WIPO and other Regional group: Further TA and Supports of this process. Role and commitments of individual government: IP policy, IP strategy and work plan toward protection and enforcement of IPRs in the manner conducive to social and economic development. Thank You! 08/5/201319PSC/MoC