Members' Countries
Official Name: Kingdom of Cambodia
Land Area: 181,035 sq km
Capital: Phnom Penh (more than 1.3 million inhabitants)
Population:
13.4 million inhabitants, of which 90% are Khmer;
Minorities: Vietnamese (5%),
Muslim Cham (approx. 4%), Chinese (1%)
Languages: Khmer
System of government: Constitutional monarchy
Head of State: King Norodom Sihanouk,
since 24 September 1993 (elected by the constituent assembly)
Deputy: CHEA Sim, President of the Senate
Head of Government, party affiliation: Prime Minister HUN Sen (CPP), since 30 November 1998
Gross Domestic Product: USD 22.76 billion
Per-capita GDP: USD 1,700
Annual Growth: + 5.5%
Inflation: + 3%%
Currency: Riel (KHR)
Major Industries: Timber, rubber, shipping, rice milling, textiles and fishing
Major Trading Partners: USA, Thailand, Singapore,Hong Kong, Taiwan,China, Germany, Taiwan,South Korea,Vietnam

General
The Kingdom of Cambodia (for various names in the Khmer language, see below) is a country in Southeast Asia with a population of more than 13 million. Cambodia is the successor state of the once powerful Khmer Empire, which ruled most of the Indochinese Peninsula between the 11th and 14th centuries.
A citizen of Cambodia is usually identified as "Cambodian". "Khmer", which strictly only refers to ethnic Khmers, is also used. Most Cambodians are Theravada Buddhists of Khmer extraction, but the country also has a substantial number of predominantly Muslim Cham, as well as small hill tribes.
The country shares a border with Thailand to its west and north, with Laos to its northeast, and with Vietnam to its east. In the south it faces the Gulf of Thailand. The geography of Cambodia is dominated by the Mekong river (colloquial Khmer: Tonle Thom or "the great river") and the Tonle Sap ("the fresh water river"), an important source of fish

Economy
With a per-capita income of USD 268, Cambodia is one of the Least Developed Countries. Despite extensive reforms and massive donor support, the economic basis of this for the most part rural developing country remains weak. Five million of its citizens (36% of the population) are living below the poverty line, 90% of them in rural areas. Sustainable development is not possible without greater private sector commitment coupled with social programmes (health, education, income distribution, workers’ rights).
Cambodia has a market economy, which is subject to hardly any government restrictions. The macro-economic indices are improving slowly but surely. In 2003 the country’s 13.4 million people achieved a gross domestic product of USD 22.76 billion. The International Monetary Fund estimates that the growth rate was 5.1% in 2002 compared with 6.3% in 2001. Most growth has been achieved in textiles and tourism. On account of the country’s political stability and the government’s consolidation policy, the growth trend is expected to continue at around 5.5%.

A.Patent Law

A "patent" is defined as the title granted to protect an invention, while an "invention" is an idea of an inventor which permits in practice the solution to a special problem in the field of technology. These definitions track those used in the Agreement on Trade-Related Aspects of Intellectual Property Rights (TRIPS Agreement 1994).

The Patent Law goes on to describe the difference between a patentable and non-patentable invention. A patentable invention is one that is: new; involves an inventive step; and is industrially applicable.

A non-patentable invention includes: discoveries, scientific theories and mathematical methods; schemes, rules or methods for doing business, performing, purely mental acts or playing games; methods (but not products) for the treatment of the human or animal body; certain pharmaceutical products; and plants and animals.

The inventor is entitled to the right to the patent. However, the Patent Law recognizes the right of the employer, not the inventor, where the invention is made in execution of an employment contract.

1. Requirements
In order to have a new invention protected, the inventor must file an application for a patent with the Ministry of Industry, Mines and Energy (MIME). The MIME will issue a patent to the applicant following its examination of the application and the required documentation and information


2. Duration/ Renewal
The patent is valid for 20 years, subject to the payment of an annual fee, and can be assigned or licensed

3. Related Laws
The Law on Patents, Utilities Model Certificates and Industrial Design was promulgated on January 2003. The law provides for the filing, registration and protection of patents, utility model certificates and industrial designs. The Ministry of Industry, Mines and Energy is the ministry in charge of patent registration and regulation


A.Trademark Law
To file a trademark application in Cambodia, the applicant must provide with information about the first registration in another country. In case that the application filed in Cambodia is the first one, the applicant must declare the "intention of use " in the application. Priority right can be claimed in accordance with the Paris Convention

1. Required documents

1.1   Full name, address and nationality of the applicant;

1.2   Trademark specimens (20 specimens) with the size not larger
        than 80mm x 80 mm and not smaller 50mm x 50mm;

1.3   A list of goods/services and the International Classification
       of respective goods/services (if known);

1.4. Information of the first registration of the mark in a country in the world,        including registration number, filing date and country of the first        registration. If the mark has never been registered in any country, the        statement "For Intention of first Use in Cambodia" must be declared in        the application.;

1.5  Priority data for claiming priority right under the Paris Convention (if any),        including application number, priority date, country. Copy of the priority        application and the English translation can be lodged later, after filing;        and

1.6   A notarized Power of Attorney from the applicant. It should be notarized        by a Notary Public in any country, while legalization is not required. One        Power of Attorney can be used for plurality if trademarks if no particular        mark are identified in the Power of Attorney. A fax copy is acceptable at        filing provided that the original is submitted later.

1. Registration
Formality and substantive examination shall be conducted for all trademark applications filed in Cambodia. The substantive examination is conducted to identify any prior registered mark, which are identical with or similar to the claimed mark. Certificate of Trademark Registration is usually granted within 5-6 months from the filing date

2. Duration/ Renewal
The term of protection of trademark in Cambodia is 10 years from the date of filing (or from the priority date, if any). The registered mark is renewable for unlimited times, each of 10 years.

The trademark owner shall be obliged to use the trademark in Cambodia. At the end of each period of 5 years from the date of registration, an Affidavit of Use, in case that the mark has been used in Cambodia, or an Affidavit of Non-Use, if the mark has not been used in Cambodia, is required to be lodged with the Cambodian Trademark Office. If no Affidavit of Use/Non-Use is lodged, the trademark registration will be vulnerable to cancellation at a third party's request.

3. International Classification  
Cambodia adopts the International Classification of Goods and Services under the Nice Agreement. Both trademark and services are registrable in Cambodia, however each trademark application can be applied for one class of goods/services only.



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