Copyright Protection in Cambodia

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copyright_lockThis week we will continue the basic IPR series for Cambodia and  focus on the copyright protection. Today’s blog post gives a general overview of copyright protection in Cambodia and discusses the importance of voluntarily registering your copyright. You will  also find information on how to enforce your copyright in the unfortunate case of copyright infringement. 

Copyright in Cambodia

Copyright is an intellectual property right that protects creations of the mind. These rights, generally, include: copying; publishing; translating; adapting and altering; distributing; etc. and are granted automatically following the creation of the work.

The Cambodian Copyright Law grants the exclusive legal right to authors and other right holders to exploit their “works, production of cultural products, performances, phonograms, and transmissions of broadcasting organizations”.

Even though, copyright normally enjoys automatic protection in most South-East Asian countries from the moment of its creation, the European SMEs should keep in mind that this is not always the case in Cambodia. Foreign works do not enjoy automatic protection in Cambodia, even though Cambodia is a member of the World Trade Organization’s (WTO) Agreement on Trade-Related Aspects of Intellectual Property Rights (TRIPS). As not all Cambodia’s national laws are yet in accordance to the TRIPS regulations, Cambodia currently does not grant similar protection to foreign works as it does for Cambodian works. Cambodia has to comply with the TRIPS agreement by 2021. Continue reading “Copyright Protection in Cambodia” »

IP Protection in China for the Cosmetics Industry

cosmeticsToday’s blog post focuses on the  cosmetics industry – one of the fast-growing industries in China – discussing the IP issues relating to patent protection, trade mark protection and design protection. As counterfeiting in cosmetics is still a big issue in China and failing to protect your IP can sometimes mean the end of the business endeavor to China, it is  wise to have a robust IP protection strategy in place. Today’s blog post introduces European SMEs the tools they can use to build a good IP protection strategy in the cosmetics industry in China. 

In recent years, due to the expansion of China’s middle class, increased interest in personal care has led to the rapid development of the cosmetics industry. In addition, the adjustment of the tariff system in China and the rise of e-commerce platforms like Taobao or Jindong also contributed to the sales of cosmetics products. The industry shows an annual growth of 12% and broke the RMB 200 billion mark of sales volume in 2015[1]. The most successful products are skincare products, including moisturisers and masks, products safe for children, anti-aging products, spot-removal products, and sunscreen and whitening products.

In this market, image and trustworthiness are paramount. Chinese cosmetics consumers are more resilient to advertising and increasing influenced by peer recommendations, meaning that consistent, favorable mentions through social media such as WeChat groups are the pillars of sales growth. At the same time, the production and sale of fake and inferior products continues to be prevalent on the Chinese market – despite recent campaigns and targeted efforts of the Chinese government. Particularly, due to their popularity and high quality, overseas cosmetics brands are the usual victims of counterfeiting[2]. The infringement acts are mainly trade mark and outer packaging imitation, and customers consequently confuse the authentic and counterfeit products, leading to loss of sales, reputation and oftentimes product liability issues. Thus, for cosmetics enterprises, wishing to enter to China, it is still very important to have a robust IP strategy in place. Continue reading “IP Protection in China for the Cosmetics Industry” »

Patent Protection in Cambodia

shutterstock_88533937Last week we discussed trade mark protection in Cambodia, one of the fast growing South-East Asian Countries. With today’s blog post we will continue expanding our IP knowledge on Cambodia and  delve into patent protection, taking a closer look on how to obtain and enforce your patents in Cambodia.  

Patents and Utility Models in Cambodia

Patents are the set of exclusive rights granted to inventors or their assignees to exploit an invention for a limited period of time. The Cambodian Patent Law defines an invention as, “the idea of an inventor which permits in practice the solution to a specific problem in the field of technology.” The law further clarifies that an invention may either be, or relate to, both a product and a process. A product patent (i.e., a patent giving protection to the product as such) gives the patent holder the exclusive right to make, import, sell, offer for sale, use, and stock the product for the purpose of sale or use. A process patent (i.e. a patent granted for a process or a method), gives the patent holder an exclusive right to prevent others from using that process/form.

An invention is patentable if it is novel, involves an inventive step, and is industrially applicable. An invention is novel if it is not disclosed to the public, anywhere in the world, prior to the date of filing the application or the priority date. An invention is considered to involve an inventive step if the invention is not obvious to a person skilled in the art. The industrially applicable requirement means that the invention must have a use in at least one kind of industry. The Patent Law excludes certain types of inventions from patent protection, such as discoveries, scientific theories and mathematical methods. The law also excludes inventions that would be contrary to public order or morality, that would be harmful to human, animal or plant life and that would seriously compromise the environment. Continue reading “Patent Protection in Cambodia” »

Copyright in China: Q&A for the International Comparative Legal Guide on Copyright 2017

copyright, page 2Have a question about Copyright protection in China? Today’s blog post will provide you an answer. Our China IPR SME Helpdesk expert Mr. Charles Feng from East & Concord Partners based in Beijing has kindly drafted for us a very useful and informative blog post on Copyright Protection in China. In this comprehensive Copyright Guide, presented in Q&A format, you will  be able to find answers about how to register Copyright in China, what rights do you have in China and how you can enforce these rights. 

1          Copyright Subsistence

1.1       What are the requirements for copyright to subsist in a work?

Article 2 of the Implementing Rule of Copyright Law of PRC provides that work shall refer to original intellectual creations in the literary, artistic and scientific domain, insofar as they are capable of being reproduced in a certain tangible form.

Therefore, a work protectable under the Copyright Law of PRC must be:

  • original, which means that the work must be originated by the author rather than copied from any other party; and
  • reproducible, which means that the work must be able to be fixed in a tangible form.

Continue reading “Copyright in China: Q&A for the International Comparative Legal Guide on Copyright 2017” »

Trade Mark Protection in Cambodia

trademarkAs a rapidly developing region, Cambodia is becoming a popular business destination for European SMEs. However, rapid economic development has been accompanied with increasing counterfeiting and other IP infringements. European SMEs should still keep in mind that even though, Cambodia’s IP enforcement system needs to improve, there are still sufficient IP laws in place to protect your trade mark and other IP.  Today’s blog post will take a closer look at Cambodian trade mark protection. 

Background for the European SMEs  

The Association of Southeast Asian Nations (ASEAN) as a group is EU’s third largest trading partner after the United States and China. ASEAN countries are at different economic and political development stage, and among them, Cambodia has recently shown steady growth rates, while its economy grew at 7.1% in 2014 and 7% in 2015. The garment sector, together with construction and services, are the main drivers of its economy. Growth is expected to remain strong in 2016, as recovering internal demand and dynamic garment exports offset stagnation in agriculture and softer growth in tourism. Cambodia is an emerging market with a GDP of $16.4 billion, which has the potential of becoming a trading and logistics hub for the Indonesia region. Its 15.3 million strong population is mainly occupied in the agricultural sector. However, garment industry, construction and tourism are among major industries in Cambodia, with the garment industry accounting for 90% of Cambodia’s exports. Continue reading “Trade Mark Protection in Cambodia” »