Database

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CAMBODIA

Since January 2003, last amended in November 2017

Pillar Intellectual Property Rights (IPRs)  |  Indicator Practical or legal restrictions related to the application process for patents
Law on the Patents, Utility Model Certificates and Industrial Designs (ច្បាប់បើកប៉ាតង់វិញ្ញាបនប័ត្រនៃគំរូមានប្រយោជន៍និងគំនូរឧស្សាហកម្ម)
Art. 116 of the Law on the Patents, Utility Model Certificates and Industrial Designs 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 practising 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.
Coverage Horizontal

CAMBODIA

Since January 2003, last amended in November 2017

Pillar Intellectual Property Rights (IPRs)  |  Indicator Practical or legal restrictions related to the enforcement of patents
Law on the Patents, Utility Model Certificates and Industrial Designs (ច្បាប់បើកប៉ាតង់វិញ្ញាបនប័ត្រនៃគំរូមានប្រយោជន៍និងគំនូរឧស្សាហកម្ម)
Art. 43 of the Law on Patents, Utility Model Certificates and Industrial Designs establishes that the patent owner may institute court proceedings against any infringer or anyone who performs acts that make infringement likely. 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 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

CAMBODIA

Since December 2016

Pillar Intellectual Property Rights (IPRs)  |  Indicator Participation in the Patent Cooperation Treaty (PCT)
Patent Cooperation Treaty (PCT)
Cambodia is a party to the Patent Cooperation Treaty (PCT).
Coverage Horizontal

BRUNEI

Reported in 2021, last reported in 2025

Pillar Online sales and transactions  |  Indicator Threshold for ‘De Minimis’ rule
De minimis threshold
It is reported that the de minimis threshold, that is the minimum value of goods below which customs do not charge duties, is BND 400 (approx. USD 300), above the 200 USD threshold recommended by the International Chamber of Commerce (ICC).
Coverage Horizontal

BRUNEI

Since March 2015

Pillar Online sales and transactions  |  Indicator Restrictions on domain names
BNNIC Registration Policies, Procedures and Guidelines
According to Arts. 3.1 and 3.6 of the BNNIC Registration Policies, Procedures, and Guidelines, foreign companies or businesses may register for ".bn" and "com.bn" domains only if they have a registered trademark with the Registrar of Trademarks.
Coverage Horizontal

BRUNEI

Since November 2011, last amended in October 2015

Pillar Online sales and transactions  |  Indicator Framework for consumer protection applicable to online commerce
Consumer Protection (Fair Trading) Order 2011
The Consumer Protection (Fair Trading) Order provides a comprehensive framework for consumer protection that also applies to online transactions.
Coverage Horizontal

BRUNEI

N/A

Pillar Online sales and transactions  |  Indicator Ratification of the UN Convention on the Use of Electronic Communications in International Contracts
Lack of signature of the UN Convention on the Use of Electronic Communications in International Contracts
Brunei has not signed the United Nations (UN) Convention on the Use of Electronic Communications in International Contracts.
Coverage Horizontal

BRUNEI

Since December 2000, entry into force in May 2001

Pillar Online sales and transactions  |  Indicator UNCITRAL Model Law on Electronic Commerce
Electronic Transactions Act
Brunei enacted the Electronic Transactions Act, drawing upon the United Nations Commission on International Trade Law (UNCITRAL) Model Law on Electronic Commerce.
Coverage Horizontal

BRUNEI

N/A

Pillar Online sales and transactions  |  Indicator UNCITRAL Model Law on Electronic Signatures
Lack of adoption of UNCITRAL Model Law on Electronic Signatures
Brunei has not adopted national legislation based on or influenced by the United Nations Commission on International Trade Law (UNCITRAL) Model Law on Electronic Signatures.
Coverage Horizontal

BRUNEI

Since September 2024

Pillar Intermediary liability  |  Indicator User identity requirement
Code of Practice for the Registration of Mobile Prepaid Subscriber Identity Module (SIM) Cards (Mobile Prepaid SIM Cards Registration Code)
Pursuant to Sections 2.1 and 2.3 of the Code of Practice for the Registration of Mobile Prepaid Subscriber Identity Module (SIM) Cards (Mobile Prepaid SIM Cards Registration Code), mobile service providers must maintain accurate records of all prepaid SIM card users for identification purposes. At a minimum, these records must include the subscriber’s full name, identity card number, and address.
Section 2.3 further specifies the documentation required for registration by user category: (i) Brunei citizens and permanent residents must present a valid yellow identity card; (ii) foreign workers must present a valid green identity card, or a valid passport together with an employment pass; and (iii) visitors or tourists must present a valid original passport from their country of origin.
Coverage Telecommunications sector

BRUNEI

Since February 2001
Since February 2001

Pillar Intermediary liability  |  Indicator Monitoring requirement
Internet Code of Practice Notification (S 12/2001)

Broadcasting (Class Licence) Notification, 2000 (S 13/2001) (Akta Penyiaran Kenyataan Penyiaran (Lesen Kelas), 2001)
Pursuant to Section 2 of the Internet Code of Practice Notification, all Internet Service Providers (ISPs) and Internet Content Providers (ICPs) licensed under the Broadcasting (Class Licence) Notification 2001 are required to use their best efforts to ensure that no content made available on the Internet is contrary to the public interest or national harmony. This includes, inter alia, content that incites disaffection against the Sultan or the Government, or that is offensive to good taste or decency.
Coverage Internet Service Providers (ISPs) and Internet Content Providers (ICPs)

BRUNEI

Reported in 2013, last reported in 2023

Pillar Content access  |  Indicator Blocking or filtering of commercial web content
Blocking of online content
It is reported that the government of Brunei periodically blocks online content. Various laws are employed to restrict online content, including the Censorship of Films and Public Entertainments Act 1963, the Undesirable Publications Act 1982, the Penal Code 1952, and the Sedition Act 1983. Additionally, the Broadcasting Authority can mandate the removal or prohibition of content that violates the Code of Practice.
Coverage Horizontal

BRUNEI

Since February 2001

Pillar Content access  |  Indicator Licensing schemes for digital services and applications
Broadcasting (Class Licence) Notification, 2001 (S 13/2001) (Akta Penyiaran Kenyataan Penyiaran (Lesen Kelas), 2001)
Pursuant to Section 3(b) of the Broadcasting (Class Licence) Notification 2001, issued under Section 12 of the Broadcasting Act (Cap. 180), computer online services provided by Internet Content Providers (ICPs) and Internet Service Providers (ISPs) are classified as licensable broadcasting services subject to a class licence regime.
An “Internet Content Provider” is defined to include: (i) any individual in Brunei Darussalam who provides programmes on the World Wide Web for business, political, or religious purposes; and (ii) any corporation or group of individuals, whether incorporated or otherwise, that provides programmes on the World Wide Web, including web publishers and web server administrators.
Under this framework, ISPs are required to register with the Minister and to pay annual licence fees. By contrast, ICP registration is only required for specified categories, including political parties and entities engaged in political or religious matters relating to Brunei, as well as in cases where the Minister mandates registration by written notice, such as for ICPs operating online newspapers.
Coverage Computer online services

BRUNEI

Since May 2001, entry into force in April 2006
Since April 2022

Pillar Quantitative trade restrictions for ICT goods and online services  |  Indicator Other import restrictions, including non-transparent/discriminatory import procedures
Telecommunications Order, 2001 (​S 38/2001​) (Perintah Telekomunikasi, 2001 (​S 38/2001​))

Advisory Guidelines on Dealer Telecommunications License
Pursuant to Section 34 of the Telecommunications Order 2001, no person may offer for sale, sell, or possess for sale telecommunications equipment, or possess radiocommunications equipment, except in accordance with a licence granted under Section 5.
This requirement is operationalised by the Authority for Info-communications Technology Industry (AITI) through the Advisory Guidelines on Dealer Telecommunications Licence. Under Section 2.1.1 of the Guidelines, a Dealer Telecommunications Licence (DTL) authorises the licensee to import, lease, sell, offer for sale, or possess such equipment, while Section 2.2.1 restricts eligibility to businesses and companies established in Brunei Darussalam.
In addition, the commercial importation of telecommunications or radiocommunications equipment for resale is subject to further requirements, including Dealer Type Approval and a Dealer Import Permit. AITI issues the Dealer Import Permit only to holders of a valid Dealer Telecommunications Licence who have obtained the corresponding type approval for the equipment.
Coverage Telecommunications and radiocommunications equipment

BRUNEI

Since March 1997, last amended in October 2000

Pillar Quantitative trade restrictions for ICT goods and online services  |  Indicator Other import restrictions, including non-transparent/discriminatory import procedures
Chapter 180 - Broadcasting (Internet Practices) Act (Bab 180 - Akta Penyiaran (Tataamalan Internet))
According to Art. 23 of the Broadcasting Act (Cap. 180), no person may import, offer for sale, sell, or possess for the purpose of sale any broadcasting equipment except under, and in accordance with, a valid licence.
Coverage Broadcasting equipment

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