Overview:
On October 27, 2021, the Royal Government of Cambodia issued Sub-Decree No. 206 អនក្រ.បក, establishing the National Committee for Intellectual Property Rights (NCIPR). The NCIPR promotes national IP policies, enhances cooperation among ministries, organizes educational programs, and enforces IP laws according to Cambodia’s international commitments. It can also receive technical assistance from national and international partners. Sub-Decree No. 142 អនក្រ.បក from September 18, 2008, regarding the National Committee for Intellectual Property Management, is now null and void.
Key Provisions:
1. Committee Composition:
- The National Committee for Intellectual Property Right (NCIPR) is chaired by the Minister of Commerce.
- The permanent vice-chair is a Secretary of State from the Ministry of Commerce, who is essential to the committee’s continued operations.
- Additional vice-chairs include a Secretary of State from the Ministry of Economy and Finance, Ministry of Culture and Fine Arts, Ministry of Industry, Science, Technology & Innovation
- The committee includes representatives from various ministries, including the Council of Ministers, Interior, Foreign Affairs, Agriculture, Education, Environment, Information, Justice, Telecommunications, Health, Tourism, Women’s Affairs, and Labor.
2. Roles and Responsibilities:
- Act as the main coordinator for international cooperation on intellectual property (IP) with countries and organizations.
- Support the drafting and enforcement of IP laws and compliance with international treaties.
- Promote strong enforcement of IP laws to prevent infringement, unfair competition, and rights violations, including those related to genetic resources and cultural practices.
- Work on implementing the Nagoya Protocol for fair distribution of benefits from genetic resources.
3. Governance:
The committee meets at least once a year, with members attending by the chairman’s invitation. If the chairman is absent, a vice-chairman may lead. Meeting procedures are set by internal regulations. The committee is supported by a secretariat in the Department of Intellectual Property under the Ministry of Commerce, led by its director and including vice-chairmen and technical officers from relevant ministries.
4. Budget and Funding:
The committee’s operational funds come from the national budget, as outlined in the Ministry of Commerce’s annual budget. To fulfil its mandates effectively, the committee may also accept and manage funds from international cooperation and other legal sources.
Conclusion:
The National Committee for Intellectual Property Rights (NCIPR) was established under international agreements and national policies to play a key role in protecting intellectual property in Cambodia. It strengthens the legal framework, fosters innovation and creativity, and supports economic growth. By safeguarding the rights of inventors, creators, and businesses, the NCIPR helps create a more competitive and prosperous in Cambodia.