National Authority for Alternative Dispute Resolution of Cambodia
On 2nd November 2023, the King of the Royal Government of Cambodia issued the Royal Decree No. NS/RKT/1123/2381 on the Establishment, Organization and Functioning of the National Authority for Alternative Dispute Resolution (Royal Decree or this Royal Decree).
This Royal Decree aims to be additional mechanism to the existing dispute resolution system in Cambodia and it aims to promote the quality, efficiency and swiftness of dispute resolution, via reconciliation outside the court system. This Royal Decree also aims to reduce the case jam at the Cambodian courts and push the dispute resolution system nearer to the people in the community.
The National Authority for Alternative Dispute Resolution (NAADR) shall have jurisdiction on civil, commercial and other disputes via reconciliation between the parties, except for the disputes which cannot be subject to conciliation as determined by laws. This NAADR shall be resided over by a Deputy Prime Minister and other relevant members.
NAADR shall have some of these roles and responsibilities, including preparing policy, strategic plan, principle, mechanism and other regulations for alternative dispute resolution; impose the ethnical code and other dispute resolution mechanisms; accept disputes for resolutions; follow up; issuing report and other roles provided by the Head of the Royal Government.
Dispute resolution in the framework of NAADR shall be conducted through conciliation. Disputes that are subject to conciliation within the authority of the NAADR including civil, commercial, and other disputes based on the laws shall be ended depending on the free will of the disputing parties. Conciliation within the framework of the NAADR could not be conducted for a criminal offense, except permitted by laws.
NAADR may review and resolve complaints of natural or legal persons in accordance with the conditions set out in this Royal Decree. After completing conciliation, NAADR shall prepare a report of the outcome of the conciliation for the court that referred the case to the NAADR.
In the event that the dispute cannot be resolved by conciliation, NAADR shall refer the case back to the court to resume the proceedings in accordance with the applicable laws and procedures. The disputing parties shall also have the right to request the court to resume the proceedings in the event that the disputing parties perceive that the conciliation at the NAADR would not be appropriate.
Leverage IP for PromotinWomen Entrepreneurs in Cambodia: Branding and Product Development, and Commercialization
Women play a key role in global business growth, particularly in the wholesale, retail, government, and social services sectors. Despite representing one-third of creative entrepreneurs, they are notably underrepresented in the Information and Computer Technology (ICT) sector, which is a major area for investment worldwide. Women are even less represented in business in lower-income areas compared to higher-income ones. The overall environment for women entrepreneurs is generally considered low in most countries, affecting their interest and participation levels, especially in highly skilled sectors.
1) IP amount Women Entrepreneur
Businesses that women own are less related to intellectual property than businesses that are owned by men. Business the male-owned company has twice as many patents as the female-owned business.
Thirteen of the 20 women-owned businesses are non-intellectual property, and most are intellectual property. In particular, the protection of intellectual property is a common factor in businesses such as the information industry, corporate and enterprise management, manufacturers and educational services.
2) What are the main influences and barriers that prevent women from becoming innovative?
Several key factors and obstacles hinder women’s path to innovation. First, low employment rates among women mean fewer get the chance to contribute their talents. Lack of exposure to female role models as innovators is a major factor which discourages children from pursuing these paths. Lack of representation of women in STEM filed (Science, Technology, Engineering, Mathematics) is also a major factor in gender inequality in innovation and patenting. Discrimination, gender bias, socio-cultural norms and expectations hinder women’s success. Additionally, women often face challenges in accessing necessary resources and networks, as well as receiving adequate guidance and training for growth. These combined influences significantly impede women’s potential to innovate.
Example: A large percentage indicate that women in the STEM sector have left their jobs due to bias in job opportunities or lack of support. On the other hand, for women who do not have a patent for their invention, they often face the consequences of seeking funding for various products.
3) Strengthening Women’s Entrepreneurship and IP
To support the full participation of women in the field of intellectual property, which is a key factor in promoting innovation, policymakers need to create an economic and social environment that encourages women entrepreneurs. We need to focus on strengthening, protecting and enforcing intellectual property rights.
Strategies to empower women entrepreneurs in IP include (but are not limited to): encouraging women’s participation in STEM education, providing universal support for female scientists, promoting gender equality, simplifying and reducing costs in manufacturing, and bolstering national support for female entrepreneurs, innovators, and startups. Additionally, establishing networks for communication, collaboration, and learning is crucial.
4) Branding and Product Development
Branding is how a company presents itself in the market, encompassing its values, mission, vision, and logo. Brands help differentiate products and services from one company to other. Brands also help build customer trust. Effective branding helps build loyalty among customers and strengthens public perception.
Product development involves designing and creating products that fulfill customer needs and contribute to business profitability. To ensure the success of product and brand development strategies, it is crucial to continually assess and improve the quality based on customer feedback and market trends. Adapting and refining the strategy is key. To build a successful brand and develop products using intellectual property, it is essential to thoroughly understand your target market, including their needs and expectations. This involves conducting market research, analyzing competition, and understanding pricing structures. Once you have established this foundation, businesses can proceed with their branding and product development strategies. By aligning these strategies with their unique strengths and core values, businesses can effectively respond to customer needs and differentiate themselves in the market.
5) Conclusion
Women play an important role in the field of intellectual property, yet they remain underrepresented compared to men. To address this imbalance, it is crucial to promote integrated and diverse ecosystems that support women with essential knowledge, skills, resources, in order to achieve their goals. Utilizing intellectual property strategically can help women build strong brand reputations and develop innovative products, emphasizing the unique role of female entrepreneurs in the market.
PRESS RELEASE: ILAWASIA announces appointment of Tanadee Pantumkomon, as Partner
NEW PARTNER
We are pleased to announce that Tanadee Pantumkomon has been appointed to ILAWASIA as Partner.
With a decade of experience, Tanadee advises and represents clients across a wide range of industry sectors, including state-owned enterprises, public and private companies in their cross-border transactions.
Tanadee oversees the firm’s Power, Energy, and Major Projects practice in Thailand and internationally with his deep knowledges on petroleum, mining, construction contracts, and environment laws.
Tanadee also engages in a variety of corporate and commercial affairs, including mergers and acquisitions, joint ventures and compliance-related matters. He also advises on taxation, project finance, telecommunication, and various commercial work.
Furthermore, his legal experience includes coverage of transactional, medical, cannabis, and pharmaceutical law.
Somphob Rodboon, Managing Partner, commented on this appointment that “We are delighted that Tanadee has joined our firm. This new appointment demonstrates our commitment to developing a high-performing and diverse leader with deep local knowledge in our new practice group of Power, Energy, and Major Projects, M&A, and Taxation.”
Full CV of Tanadee can be retrieved at this link.
ABOUT THE FIRM AND NEW PRACTICE GROUP
ILAWASIA
ILAWASIA CO., LTD. (The Firm) established in 2011; Recently, the firm has been recognized as d-lawfirm Membership of the Digital Economy Promotion Agency (depa) of Thailand, effective April 30, 2023, to April 30, 2026. This recognition is in accordance with the Notification of the Digital Economy Promotion Agency regarding the Criteria for the Qualifications of Agencies Applying for Registration of Legal Services Providers, dated March 3, 2023, in which ILAWASIA met all legal requirements. Moreover, our partners and attorneys have been recognized by the Legal 500 since 2021 to present.
To fulfill the client’s request and to embrace the opportunity, ILAWASIA Co., Ltd. introduced legal services for Power, Energy, and Major Projects; M&A; and Taxation in 2024, and led by Tanadee Pantumkomon.
Power, Energy & Major Projects
The firm provides major projects and project financing advice to sponsors, project and construction (EPC contract of major projects and energy projects) businesses, governments, and lenders worldwide.
M&A
The firm assists clients at all stages of their deals, including deal structure (including asset carve-out), tax planning, negotiation, closing, and post-transaction restructuring and integration. The firm also combines tax, employment, intellectual property, foreign investment, and commercial expertise to manage all legal and regulatory consequences of a transaction in order to decrease business risk and provide a comprehensive, high-value solution.
Tax
The firm provide comprehensive legal advice covering all areas of tax law to helping clients achieve their business objectives, obtain tax benefits, and reduce tax responsibilities and liabilities. The firm also advise on various tax matters including income tax, excise tax, customs tax, specific business tax, property and land tax, double tax treaties, stamp duties, etc. Our experience includes advising on tax planning, international tax and transfer pricing, and tax investigations and litigation.
Laos White Paper
Somphob Rodboon, ILAWASIA’s Managing Partner, and Viphavanh Syharath, ILAW LAOS’s Corporate Lawyer as co-author, has contributed perspective on Laos jurisdiction as part of the “2024 Guide for Chinese Enterprises Going Global under the Belt and Road Initiative,” which was jointly developed by CBJ Think Tank, and other relevant partners, including ILAWASIA and our Lao office.
The Laos segment was officially launched during the “Responding to Changes and Development Amidst the Great Transformation – 2023 Annual Conference on Competitiveness of Chinese Enterprises” hosted by China Business Journal on the morning of December 12, 2023.
Introduction of Our Patent Practice
Our patent service spans across various jurisdictions, with our team’s deep understanding of both local patent regulations and international standards. This unique blend has allowed us to offer legal services to a diverse range of clients, from local startups to multinational corporations. Furthermore, our commitment to staying at the forefront of patent law developments means our strategies are always informed, innovative, and aligned with the rapidly evolving patent landscape.
ILAWASIA’s global reach and network of contacts allow the firm to provide its clients with seamless and efficient services for international patent matters.
Engage for more about our patent practice at this link : https://ilawasia.com/wp-content/uploads/2023/11/File-1-Business-Card-IP-Patent.pdf
Introduction of Our Japan Desk
In May 2023, ILAWASIA Co., Ltd. launched new practice group namely Japan Desk, which aims to provide comprehensive support and provide legal services to Japanese businesses and individuals.
Leading our Japan Desk are Somphob Rodboon, Managing Partner, and Gensei Ohama (大濵 巌生), a highly experienced attorney-at-law. With his extensive knowledge of Japanese business practices and legal expertise, Gensei is dedicated to delivering tailored solutions and support to our esteemed Japanese clients. Together, they bring an extensive experience and expertise in various legal practice areas, with a particular focus on the Japanese market. Our team’s depth of experience allows us to better understand the unique needs and challenges faced by our Japanese clients across different legal issues. We are committed to providing comprehensive support and legal services to Japanese companies operating in our jurisdiction, as well as foreign companies seeking to enter the Japanese market.
In addition to our legal expertise, we offer fluent English and Japanese language capabilities within our team, enabling us to communicate effectively with our Japanese clients, ensuring seamless collaboration and understanding throughout the legal process.
We are actively seeking to broaden our client base and establish long-term relationships with Japanese individuals, businesses, and law firms and we are eager to provide valuable legal guidance and support tailored to client’s specific requirements.
Service Focused:
• Corporate and Commercial
• Intellectual Property
• Litigation and Arbitration
• Investigation and Compliance
• Fraud and Corruption
• Labour Laws
• Breach of Contract
We look forward to working with you and appreciate the opportunity to be of service. Please feel free to contact us at japandesk@ilawasia.com
Engage for more about our Japan Desk at this link : https://ilawasia.com/wp-content/uploads/2023/11/JapanDeskBrochure_Horizontal-Current-3-1.jpg
ILAW LAOS ranked as Notable firm.
LAWASIA’s branch office in Lao PDR, named as ILAW LAOS, was chosen as Notable firm in the General Business Law practice area to the asialaw 2023 rankings, a legal directory featuring comprehensive analysis on Asia’s regional and domestic firms.
This recognition is first time of the ILAWASIA ranked in the asialaw directory for Laos jurisdiction.
ILAW LAOS was established since January 2021 and continued to be your services in corporate and commercial, as well as intellectual property.
For more details and to browse the full rankings, please visit https://www.asialaw.com/Jurisdiction/Laos/Rankings/341#rankings
Attorney Kanyamol has been recognized as ALB Thailand Rising Stars 2023.
We are delighted to share that Ms. Kanyamol Phupapeiw, Senior Litigation Associate of ILAWASIA Co., Ltd., has been recognized by Thomson Reuters’ Asian Legal Business (ALB) as one of Thailand Rising Star 2023 and published in Asian Legal Business Journal, September 2023 edition, page 28.
This recognition highlighted Thailand’s 30 lawyers who delivered exceptional performance and was chosen based on their significant deals and cases, as well as favorable compliments from key clients.
Kanyamol Phupapeiw is one of 30 Thai Rising Stars recognized this year, with a practice focus on litigation and arbitration. For nearly a decade, her expertise and experience have been instrumental in the development of ILAWASIA’s litigation department.
Many congratulations to Kanyamol for this well-deserved honor!
Follow this link for more of the Thailand Rising Stars coverage in the September 2023 issue of ALB: https://www.legalbusinessonline.com/sites/default/files/e-magazines/ALB-SEPTEMBER-2023-(ASIA-EDITION)/28/
ILAWASIA is recognized firm in tier 2 of Asia IP Patent Contentious Survey 2023 for second terms.
Based on feedback and research received from corporate counsel, IP owners, brand portfolio managers in the global and regional IP community.
We are honored to announce that ILAWASIA has received Tier 2 recognition for Patent Contentious, conducted by AsiaIP Patent Survey of 2023 and this recognition is consecutive terms since 2022.
ILAWASIA has previously been awarded by AsiaIP in the Trademark Survey Rankings 2023 and Copyright Survey Rankings 2023.
Throughout the years, ILAWASIA has advised some of our clients to obtain all the benefits of their patent assets including design patents, utility model, and invention patents.
Customs Regulation for protection of trademark rights
In Brief
Myanmar’s Ministry of Planning and Finance issued the Notification No. 50/2023 relating to the Customs Regulation for Protection of Trademark Rights on 14 July 2023.
The Customs Regulation set out the procedure of the recording and suspension of importing the counterfeit goods into the Union to protect the trademark rights.
Key Takeways
A. Application for recording
An applicant or its representative may apply the recordation to the Director General of Customs Department by filing out the general information on right holders, personal data of applicants and company profile of applicant with the form-1.
Detailed of suspected goods for applying recordation to be required in the form as follows;
| Details | Required documents |
|---|---|
| ♦ Product Name | ♦ Trademark registration certificate (copy) |
| ♦ Description of goods | ♦ Supporting materials/tools and detailed description of goods to make them recognizable |
| ♦ Harmonized System (H.S Code) | ♦ Power of attorney |
| ♦ Registration No. at Myanmar IP Department | ♦ Public announcement |
| ♦ Registration date at Myanmar IP Department | ♦ Other necessary documents |
| ♦ Duration of the right |
If the application is complete and accurate, the Director General will provide a registration number and inform the result in Form-2 within 15 days from the date of acceptance the application. If the application is incomplete or inaccurate, the Director General will inform the result in Form-3 within 7 days from the date of acceptance the application.
The term of recordation is 2 years from the date of acceptance. The extension can be applied with Form-4 within 30 days before end of the two-year term.
If there are any changes on registered mark at Myanmar Intellectual Property Department (MIPD), the applicant shall inform to Customs Department within 3 working days from such changes.
B. Suspension order
An applicant may apply for a suspension order to the Director General of Customs Department by filing out general information of right holders, personal data of applicants and company profile of applicant with Form-5. If there is sufficient evidence that the goods affixed with the counterfeit mark, customs officer will suspend the importing of goods into the local.
Detailed description of suspected goods for applying suspension order to be required in the form as follows;
| Details | Required documents |
|---|---|
| ♦ Trademark Right | ♦ Trademark registration certificate (copy) |
| ♦ Description of the goods | ♦ Prima facie evidence of infringement |
| ♦ Harmonized System (H.S Code) | ♦ Supporting materials/tools and detailed description of goods to make them recognizable |
| ♦ Registration No. at Myanmar IP Department | ♦ Power of attorney |
| ♦ Registration date at Myanmar IP Department | ♦ Public announcement |
| ♦ Duration of the right | ♦ Other necessary documents |
| ♦ The reason of application for suspension of release | |
| ♦ Importer of the suspected goods for suspension | |
| ♦ Exporter of the suspected goods for suspension |
If the application is complete and accurate, the Director General will inform in Form-6 within 15 days from the date of acceptance the application. If the application is incomplete or inaccurate, the Director General will inform the result in Form-7 within 15 days from the date of acceptance the application.
The applicant shall pay a security deposit with the Customs Department within 5 working days from the notice of the acceptance of the application for the suspension order.
In the case of applying for a suspension order, the applicant and the importer must be informed of the acceptance of the issuance of the suspension order in Form-8.
If the importer is not satisfied with the suspension order, he may apply to the relevant Myanmar Intellectual Property Court to amend or revoke the suspension period and inform to the Director General of Customs Department within 15 days from the date of notification of the suspension order.
Miscellaneous
- The following imported goods shall not be subject to the requirements of Customs Regulation;
- De-minimis goods
- Transshipment cargo
- Reshipment cargo
- Retention cargo
- Transit trade cargo
- Goods that are permitted to be imported by the government for public benefit or an emergency situation.
