CAMBODIA
Reported in 2015, last reported in 2023
Pillar Intellectual Property Rights (IPRs) |
Indicator 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 IPRs is prevalent in Cambodia and it includes pirated software, music, and books. Though Cambodia is not a major centre 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
Sources
- https://web.archive.org/web/20230331215014/https://ustr.gov/sites/default/files/2023-03/2023%20NTE%20Report.pdf
- https://web.archive.org/web/20210925000230/https://www.phnompenhpost.com/national/feature-film-piracy-steady-porn-down-govt
- https://web.archive.org/web/20170305083744/http://www.phnompenhpost.com/7days/end-piracy-group-enforce-law
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CAMBODIA
N/A
Pillar Intellectual Property Rights (IPRs) |
Indicator Adoption 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) |
Indicator Adoption of the WIPO Performances and Phonograms 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
N/A
Pillar Intellectual Property Rights (IPRs) |
Indicator Effective protection covering trade secrets
Lack of comprehensive regulatory framework covering trade secrets
Cambodia does not have a comprehensive framework in place that provides effective protection of trade secrets, but there are limited measures addressing some issues related to them. According to the Contract Law of 1998, to maintain information in employment or other contractual relationships, a non-disclosure agreement may be used and enforced. In addition, the Ministry of Commerce is currently in the process of preparing a Law on Trade Secrets and Undisclosed Information.
Coverage Horizontal
Sources
- https://web.archive.org/web/20240613021323/https://ipkey.eu/sites/default/files/ipkey-docs/2021/IPKey-SEA_mar2021_Evi-Triana_Protecting-Trade-Secret-in-South-East-Asia.pdf
- https://web.archive.org/web/20240610165924/https://dip.gov.la/wp-content/uploads/2021/09/202_Cambodia-Factsheet_SEA-IPR-SME-Helpdesk.pdf
- https://web.archive.org/web/20210307002747/https://www.abacus-ip.com/post/cambodian-trade-secret-law-advances-towards-adoption
- https://web.archive.org/web/20230919071254/https://ustr.gov/sites/default/files/2022%20National%20Trade%20Estimate%20Report%20on%20Foreign%20Trade%20Barriers.pdf
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CAMBODIA
N/A
Pillar Telecom infrastructure & competition |
Indicator Passive infrastructure sharing obligation
Requirement of passive infrastructure sharing
It is reported that there is an obligation for passive infrastructure sharing in Cambodia to deliver telecom services to end users. Passive infrastructure sharing is also practised in the mobile and fixed sectors based on commercial agreements.
Coverage Telecommunications sector
CAMBODIA
Since September 2005
Since June 1996
Since June 1996
Pillar Telecom infrastructure & competition |
Indicator Maximum foreign equity share for investment in the telecommunication sector
Sub-Decree No. 111 ANK/BK on the Implementation of the Law on the Amendment to the Law on Investment of the Kingdom of Cambodia (លេខ 111។ អនុក្រឹត្យ ស្តីពីការអនុវត្តច្បាប់ស្តីពីវិសោធនកម្មច្បាប់ស្តីពីការវិនិយោគនៃព្រះរាជាណាចក្រកម្ពុជា)
Law on the General Status of Public Enterprise (ច្បាប់បើកលក្ខន្តិកៈទូទៅនៃសហគ្រាសសាធារណៈ)
Law on the General Status of Public Enterprise (ច្បាប់បើកលក្ខន្តិកៈទូទៅនៃសហគ្រាសសាធារណៈ)
Sub-Decree No. 111 ANK/BK stipulates that Cambodia permits full foreign ownership in the telecommunication sector. However, Art. 3 of 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 in this sector.
Coverage Telecommunications sector
Sources
- https://www.wto.org/english/tratop_e/serv_e/telecom_e/telecom_commit_exempt_list_e.htm
- https://web.archive.org/web/20241128154216/https://data.opendevelopmentcambodia.net/laws_record/law-on-the-general-status-of-public-enterprise
- https://web.archive.org/web/20211129153011/http://www.cambodiainvestment.gov.kh/wp-content/uploads/2011/10/Sub-Decree-111-on-Implementation-LOI_050927.pdf
- https://web.archive.org/web/20240223150728/https://www.state.gov/reports/2018-investment-climate-statements/cambodia/
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CAMBODIA
Since 2005
Pillar Telecom infrastructure & competition |
Indicator Presence of shares owned by the government in telecom companies
Presence of shares owned by the government in the telecom sector
Telecom Cambodia, the principal telecom company in Cambodia, is fully state-owned.
Coverage Telecommunications sector
CAMBODIA
N/A
Pillar Telecom infrastructure & competition |
Indicator Functional/accounting separation for operators with significant market power
Lack of mandatory functional and accounting separation for dominant network operators
It is reported that Cambodia does not mandate functional or accounting separation for operators with significant market power (SMP) in the telecom market.
Coverage Telecommunications sector
CAMBODIA
Since December 2015
Pillar Telecom infrastructure & competition |
Indicator Licensing restrictions to operate in the telecom market
Law on Telecommunications (ច្បាប់ ស្តីពី ទូរគមនាគមន៍)
The Law on Telecommunications sets the Telecommunication Regulator of Cambodia (TRC) to have autonomy in administrative and regulatory matters for the telecommunications sector, while the Ministry of Posts and Telecommunications (MPTC) is responsible for networks and infrastructure supporting the telecommunications sector. It is reported that the TRC and the MPTC enjoy vast discretionary powers over granting licenses and setting the terms and conditions, which vary on a case-by-case basis. Art. 17 of the Law on Telecommunications regulates unified (multi-service) licenses. A license is required for the provision of: mobile telecommunications services, fixed-line telecommunications services, VOIP services, Internet service provider (ISP), telecommunications-type approval form, national numbering plan, access code, public switched telephone network (PSTN), and Internet cafés.
Some customary licensing terms and steps include: (i) license terms of between 10 to 30 years onward (with some renewability); (ii) license fees based on a combination of a percentage of gross revenue (the percentage usually increases throughout the license) plus a percentage of dividend sharing; and (iii) there may be inter-connection fees, an annual frequency charge fee, microwave license fees, etc., applicable on a case-by-case basis. The percentage of revenue and dividends to be shared increases incrementally and reaches around 10% over ten years. It is reported that the exact percentages of revenue and dividends to be shared by operators with the TRC/MPTC vary on a case-by-case basis and are determined by the terms and conditions negotiated between the TRC/MPTC and the operator. Moreover, it is reported that older licensees sometimes have to pay a higher revenue share. Licensees with some fixed-network capability or carrying international traffic may also be required to share up to 50% of their gross revenue with the MPTC or TRC.
Some customary licensing terms and steps include: (i) license terms of between 10 to 30 years onward (with some renewability); (ii) license fees based on a combination of a percentage of gross revenue (the percentage usually increases throughout the license) plus a percentage of dividend sharing; and (iii) there may be inter-connection fees, an annual frequency charge fee, microwave license fees, etc., applicable on a case-by-case basis. The percentage of revenue and dividends to be shared increases incrementally and reaches around 10% over ten years. It is reported that the exact percentages of revenue and dividends to be shared by operators with the TRC/MPTC vary on a case-by-case basis and are determined by the terms and conditions negotiated between the TRC/MPTC and the operator. Moreover, it is reported that older licensees sometimes have to pay a higher revenue share. Licensees with some fixed-network capability or carrying international traffic may also be required to share up to 50% of their gross revenue with the MPTC or TRC.
Coverage Telecommunications sector
Sources
- https://web.archive.org/web/20221221113706/https://data.opendevelopmentcambodia.net/laws_record/law-on-telecommunications
- https://web.archive.org/web/20231206181350/https://www.dfdl.com/insights/legal-and-tax-updates/investment-guide-telecommunications/
- https://web.archive.org/web/20230927152554/https://www.trc.gov.kh/en/licenses/
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CAMBODIA
Since October 2005
Pillar Telecom infrastructure & competition |
Indicator Signature of the WTO Telecom Reference Paper
WTO Telecom Reference Paper
Cambodia has appended the World Trade Organization (WTO) Telecom Reference Paper to its schedule of commitments.
Coverage Telecommunications sector
Sources
CAMBODIA
Reported in 2022, last reported in 2023
Pillar Telecom infrastructure & competition |
Indicator Presence of an independent telecom authority
Lack of an independent telecom authority
Cambodia's telecommunications sector is overseen by the Telecommunication Regulator of Cambodia (TRC). However, reports indicate that the decision-making process of this entity is not entirely independent of the government. The Law on Telecommunications is said to significantly compromise the TRC’s autonomy by granting the Ministry of Posts and Telecommunications (MPTC) overarching authority over the regulator, in a relationship that lacks transparency. Concerns regarding the TRC’s lack of independence were exemplified by the blocking of several news websites in the lead-up to the July 2023 election. Similarly, in 2017, the TRC complied with an MPTC directive to restrict access to the Cambodia Daily and other news platforms ahead of the general election in July 2018.
Coverage Telecommunications sector
CAMBODIA
ITA signatory?
I
II
Pillar Tariffs and trade defence measures applied on ICT goods |
Indicator Effective tariff rate on ICT goods (applied weighted average)
Effective tariff rate to ICT goods (applied weighted average)
10.03%
Coverage rate of zero-tariffs on ICT goods (%)
7.08%
Coverage: ICT goods
Sources
- http://wits.worldbank.org/WITS/
- https://www.wto.org/english/news_e/brief_ita_e.htm#:~:text=ITA%20participants%3A%20Australia%3B%20Bahrain%3B,%3B%20Jordan%3B%20Korea%2C%20Rep.
- https://www.wto.org/english/res_e/booksp_e/ita20years_2017_full_e.pdf
- https://web.archive.org/web/20220120054410/https://trade.ec.europa.eu/doclib/docs/2016/april/tradoc_154430.pdf
- https://www.wto.org/english/tratop_e/inftec_e/itscheds_e.htm
CAMBODIA
N/A
Pillar Tariffs and trade defence measures applied on ICT goods |
Indicator 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
Sources
- https://www.wto.org/english/news_e/brief_ita_e.htm#:~:text=ITA%20participants%3A%20Australia%3B%20Bahrain%3B,%3B%20Jordan%3B%20Korea%2C%20Rep.
- https://www.wto.org/english/res_e/booksp_e/ita20years_2017_full_e.pdf
- https://web.archive.org/web/20220120054410/https://trade.ec.europa.eu/doclib/docs/2016/april/tradoc_154430.pdf
- https://www.wto.org/english/tratop_e/inftec_e/itscheds_e.htm
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CAMBODIA
Since May 2023
Pillar Public procurement of ICT goods and online services |
Indicator Other limitations on foreign participation in public procurement
Law on Public Procurement (ច្បាប់ស្ដីពី លទ្ធកម្មសាធារណ)
In accordance with Art. 12 of the Law on Public Procurement, international competitive bidding is employed for procurement activities of substantial value and high technical complexity. Conversely, domestic competitive bidding is utilised when adequate domestic products or production or construction capabilities are available. This 2023 legislation supersedes the previous Law of the same name enacted in January 2012, which contained a similar provision in its Art 11. According to Art. 11 of the Law of 2023, the conditions, thresholds, and procedure for implementing each procurement method shall be determined by a Prakas of the Minister of the Ministry of Economy and Finance. However, the implementing regulation could not be found 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 a screening process.
Coverage Horizontal
Sources
- https://web.archive.org/web/20230530/https://www.coj.gov.kh/wp-content/uploads/2023/05/%E1%9F%A0%E1%9F%A5%E1%9F%A2%E1%9F%A3-%E1%9F%A0%E1%9F%A0%E1%9F%A5.pdf
- https://web.archive.org/web/20240302060501/https://www.soksiphana.com/resources/alerts/what-are-the-developments-in-the-new-procurement-law/
- https://web.archive.org/web/20230804044054/https://ppp.worldbank.org/public-private-partnership/sites/ppp.worldbank.org/files/documents/Law%20on%20Public%20Procurement%20(draft)%202011.pdf
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