CAMBODIA
N/A
Pillar Intellectual Property Rights (IPRs) |
Sub-pillar Signature of the WIPO Copyright Treaty
Lack of signature of the WIPO Copyright Treaty
Cambodia has not signed the World Intellectual Property Organization (WIPO) Copyright Treaty.
Coverage Horizontal
CAMBODIA
N/A
Pillar Intellectual Property Rights (IPRs) |
Sub-pillar Signature of the WIPO Performances and Phonogram Treaty
Lack of signature of the WIPO Performances and Phonograms Treaty
Cambodia has not signed the World Intellectual Property Organization (WIPO) Performances and Phonograms Treaty.
Coverage Horizontal
CAMBODIA
Since December 2016
Pillar Intellectual Property Rights (IPRs) |
Sub-pillar Participation in the Patent Cooperation Treaty
Patent Cooperation Treaty (PCT)
Cambodia is a party to the Patent Cooperation Treaty (PCT).
Coverage Horizontal
CAMBODIA
Since March 2003
Pillar Intellectual Property Rights (IPRs) |
Sub-pillar Copyright law with clear exceptions
Law on Copyright and Related Rights
Cambodia has a copyright regime under the law on Copyright and Related Rights. However, the exceptions do not follow the fair use or fair dealing model, therefore limiting the lawful use of copyrighted work by others. Section 4 lists the exceptions, which include for free and private representations made exclusively to a close circle of people such as family or friends; for the purposes of education, which is not for financial gain; for translation of works from the Khmer language into the languages of the ethnic minorities or vice versa; among others (Arts. 23-29).
Coverage Horizontal
CAMBODIA
Reported in 2015, 2020
Pillar Intellectual Property Rights (IPRs) |
Sub-pillar Enforcement of copyright online
Inadequate enforcement of copyright online
It has been reported that film and music piracy is still rampant in the country, although a campaign by the Ministry of Culture and Fine Arts has tried to crack down on this issue. It is also reported that infringement of IPR is prevalent in Cambodia and it includes pirated software, music, and books. Though Cambodia is not a major center for the production or export of counterfeit or pirated materials, local businesses report that the problem is growing because of the lack of enforcement.
Coverage Horizontal
CAMBODIA
Since November 2019
Since August 2020
Since August 2020
Pillar Foreign Direct Investment (FDI) in sectors relevant to digital trade |
Sub-pillar Commercial presence requirement for digital services providers
E-commerce Law
Sub-Decree No. 134 on Determination of Type, Formality and Procedure of the Issuance of Permit or Licence for Intermediaries and Online Services Providers via Electronic Platform and Its Exception
Sub-Decree No. 134 on Determination of Type, Formality and Procedure of the Issuance of Permit or Licence for Intermediaries and Online Services Providers via Electronic Platform and Its Exception
Sub-Decree No. 134 implementing the e-Commerce Law provides for the different types of permits or licences for intermediaries and online service providers offering services via an electronic platform, as well as the formalities and requirements for the issuance of the relevant licence or permit. An e-commerce license is required for legal persons and branches of foreign companies carrying out the following activities: e-commerce web services, e-commerce platform services, online market services, online auction website services, and other similar services provided through software or smart devices for the promotion of e-commerce (Art. 7). An e-commerce permit is required for natural persons and sole proprietors that operate a business via electronic system in Cambodia, including those who conduct business via social media and electronic system to supply or sell/purchase goods and services (Art. 6). According to Arts. 6 and 7 of Sub-Decree No. 134, for issuance of an e-commerce license or permit, business and tax registration is required. Moreover, under Art. 29 of the e-Commerce Law, minimum information is required such as the name, registered address and contact number/email address of the business entity in Cambodia. If it is a legal entity or foreign branch acting as an intermediary, it must enter into a contract with the business service providers regarding the requirement to provide minimum information.
The E-Commerce Law broadly defines e-commerce service providers and intermediaries (Annex). Electronic commerce service provider is defined as a "person who uses electronic means to supply goods and/or services except for insurance establishments". On the other hand, intermediary "refers to a person who providing services, sending, receiving, transmitting or storing services, either on a temporary or permanent basis, of the electronic communication or provides other services relating to the electronic communication, including the following persons: a person representing the sender, receiver, transmitter, or the custodian; telecommunication service providers; network service providers; internet service providers; search engines providers; online payment service providers; online auction service providers; online marketplaces service providers and internet commerce service provider".
The E-Commerce Law broadly defines e-commerce service providers and intermediaries (Annex). Electronic commerce service provider is defined as a "person who uses electronic means to supply goods and/or services except for insurance establishments". On the other hand, intermediary "refers to a person who providing services, sending, receiving, transmitting or storing services, either on a temporary or permanent basis, of the electronic communication or provides other services relating to the electronic communication, including the following persons: a person representing the sender, receiver, transmitter, or the custodian; telecommunication service providers; network service providers; internet service providers; search engines providers; online payment service providers; online auction service providers; online marketplaces service providers and internet commerce service provider".
Coverage E-commerce sector
Sources
- https://commerce-cambodia.com/wp-content/uploads/2021/06/eCommerceLawEN.pdf
- https://perma.cc/9PDP-GWGR
- https://hbslaw.asia/images/Related-Publications/2020/Legal_Brief_Sub_Decree_No_134.pdf
- https://kh.rajahtannasia.com/media/4089/2020_09_rtsh_sub_decree.pdf
- https://sim.oecd.org/Simulator.ashx?lang=En&ds=DGSTRI&d1c=all&d2c=khm
- Show more...
CAMBODIA
Since January 2003, last amended in November 2017
Pillar Intellectual Property Rights (IPRs) |
Sub-pillar Practical or legal restrictions related to the application process for patents
Law on the Patents, Utility Model Certificates and Industrial Designs
Art. 116 of the Law on the Patents, Utility Model Certificates and Industrial Design states that, where an applicant’s ordinary residence or principal place of business is outside the Kingdom of Cambodia, the applicant shall be represented by an agent residing and practicing in the Kingdom of Cambodia and fulfilling the prescribed requirements. In addition, it is reported that Cambodia’s patent authority lacks sufficient funding and expertise to examine patent applications. As part of their patent registration strategy, companies can use the validation/acceleration programs with the EU, Singapore, Japan, China, Korea, or ASEAN Patent Examination Co-operation (ASPEC), to shorten the patent examination process or extend patent protection to Cambodia.
Coverage Horizontal
CAMBODIA
Since January 2003, last amended in November 2017
Pillar Intellectual Property Rights (IPRs) |
Sub-pillar Practical or legal restrictions related to the enforcement of patents
Law on the Patents, Utility Model Certificates and Industrial Designs
Art. 43 of the Law on the Patents, Utility Model Certificates and Industrial Designs establishes that the patent owner can institute court proceedings against any infringer, or anyone who performs acts which make infringement likely to occur. Upon request of the patent owner, or by a licensee in certain circumstances, a court may grant an injunction to prevent infringement or imminent infringement, award damages, or any other remedy provided for by law (Art. 126). However, Art. 47 states that that the Cambodian Government has the right to exploit a patented invention itself, or allow third parties to do so, for the purpose of promoting ‘public interests’ including national defence, nutrition, health and development.
Coverage Horizontal
Sources
- https://www.wipo.int/wipolex/en/legislation/details/19461
- https://kenfoxlaw.com/our-practice/our-practice-in-cambodia/invention-utility-model-related-matters-in-cambodia
- https://op.europa.eu/en/publication-detail/-/publication/b4fa3416-50c8-11ec-91ac-01aa75ed71a1
- https://www.abacus-ip.com/guide-to-patent-law-in-cambodia
- Show more...
CAMBODIA
Reported in 2017, last reported in 2022
Pillar Public procurement of ICT goods and online services |
Sub-pillar Other limitations on foreign participation in public procurement
Lack of transparency in public procurement
It is reported that government procurement is often not transparent, and that the Cambodian Government frequently provides short response times to public announcements of tenders, which are posted on the Ministry of Economic and Finance (MEF)'s website. Moreover, different prequalification procedures exist at the provincial level, making some bids particularly complex for prospective contractors. It is also reported that irregularities in the government procurement process are common despite a strict legal requirement for audits and inspections, and that, despite allegations of malfeasance at a number of ministries, the Cambodian Government has taken little action to investigate irregularities.
Coverage Horizontal
CAMBODIA
N/A
Pillar Public procurement of ICT goods and online services |
Sub-pillar Signatory of the WTO Agreement on Government Procurement (GPA)
Lack of participation in the WTO Agreement on Government Procurement (GPA)
Cambodia is not a party to the World Trade Organization (WTO) Agreement on Government Procurement (GPA) nor does it have observer status.
Coverage Horizontal
CAMBODIA
Since June 1996
Pillar Foreign Direct Investment (FDI) in sectors relevant to digital trade |
Sub-pillar Maximum foreign equity share
Law on the General Status of Public Enterprise
Art. 3 of the Law on Public Enterprise states that the Cambodian government must directly or indirectly hold more than 51% of the capital or the right to vote in state-owned enterprises. Given that Telecom Cambodia, the principal telecom company in Cambodia, is fully state-owned, some restrictions apply to the telecom sector.
Coverage Telecommunications sector
CAMBODIA
Since January 2012
Pillar Public procurement of ICT goods and online services |
Sub-pillar Other limitations on foreign participation in public procurement
Law on Public Procurement
Art. 11 of the Law on Public Procurement states that public competitive bidding is the method for selecting suppliers, contractors, or service providers that includes (i) International Competitive Bidding, used for procurement project with large value and highly technical; and (ii) Domestic Competitive Bidding, used in cases where there are sufficient domestic products, production or construction capabilities. According to Art. 10, the conditions, thresholds, and the procedure for implementation of each procurement method shall be determined by a Prakas of the Minister of the Ministry of Economy and Finance. However, the regulation could not been find online. In addition, pursuant to Chapter 6 (Qualifications of bidders) of the Law on Public Procurement, the Ministry of Economic and Finance (MEF) requires all companies, contractors, and consultants that want to join any bidding for public procurement shall register with MEF and go through the screening process.
Coverage Horizontal
Sources
- https://ppp.worldbank.org/public-private-partnership/sites/ppp.worldbank.org/files/documents/Law%20on%20Public%20Procurement%20%28draft%29%202011.pdf
- https://ppp.worldbank.org/public-private-partnership/sites/ppp.worldbank.org/files/documents/Law%20on%20Public%20Procurement%20%28Khmer%29%20dated%20on%20January%2014%2C%202012.pdf
CAMBODIA
N/A
Pillar Tariffs and trade defence measures applied on ICT goods |
Sub-pillar Participation in the WTO Information Technology Agreement (ITA) and 2015 expansion (ITA II)
Lack of participation in Information Technology Agreement (ITA) and in ITA Expansion Agreement (ITA II)
Cambodia is not a signatory of the 1996 World Trade Organization (WTO) Information Technology Agreement (ITA) nor the 2015 expansion (ITA II).
Coverage ICT goods
CAMBODIA
ITA signatory?
I
II
Pillar Tariffs and trade defence measures applied on ICT goods |
Sub-pillar Effective tariff rate to ICT goods (applied weighted average)
Effective tariff rate to ICT goods (applied weighted average)
8.45%
Coverage rate of zero-tariffs on ICT goods (%)
34.34%
Coverage: Digital goods
BURUNDI
N/A
Pillar Online sales and transactions |
Sub-pillar Ratification of the UN Convention of Electronic Communications
Lack of signature of the UN Convention on the Use of Electronic Communications in International Contracts
Burundi has not signed the United Nations (UN) Convention on the Use of Electronic Communications in International Contracts.
Coverage Horizontal