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An initiative of the
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An initiative of the
Moderator:
Marta Bettinazzi IP Business AdvisorSouth-East Asia IPR SME Helpdesk
Welcome to the Webinar
© European Union, 2020. Reuse is authorised provided the source is acknowledged. The reuse policy of European Commission documents is regulated by Decision 2011/833/EU OJ L 330, 14.12.2011, p.39.
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An initiative of the
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© European Union, 2020. Reuse is authorised provided the source is acknowledged. The reuse policy of European Commission documents is regulated by Decision 2011/833/EU OJ L 330, 14.12.2011, p.39.
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An initiative of the
Overview (CEST)
TIME OVERVIEW SPEAKER(s)
10:00 – 10:05 Introduction to the SEA IPR SME Helpdesk and its Core Service Marta Bettinazzi, SEA IPR SME Helpdesk
10:05 – 10:15 Introduction to EuroCham Cambodia Marta Bettinazzi, SEA IPR SME Helpdesk
10:15 – 10:50 Risks of Online Selling and IP Infringement in Cambodia Pheng Thea, SEA IPR SME Helpdesk
10:50 – 10:55 Q&A session All speakers
11:00 Closing Marta Bettinazzi, SEA IPR SME Helpdesk
© European Union, 2020. Reuse is authorised provided the source is acknowledged. The reuse policy of European Commission documents is regulated by Decision 2011/833/EU OJ L 330, 14.12.2011, p.39.
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An initiative of the
Core Services – What We OfferEnquiry Helpline
Webinars and E-learning modules
Training WorkshopsWebsite & Blog
Newsletter, E-Bulletin
Guides and factsheets
© European Union, 2020. Reuse is authorised provided the source is acknowledged. The reuse policy of European Commission documents is regulated by Decision 2011/833/EU OJ L 330, 14.12.2011, p.39.
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SERVICESADVOCACYOUTREACHMEMBERS
Bridge between European investors and stakeholders in the Kingdom
Supported by the European Union via the ICI+ program since 2014
Largestinternational business association in Cambodia
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# ANNOUNCEMENTS
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Pheng Thea
External Expert, South-East Asia IPR SME Helpdesk
Partner, Abacus IP
3 June 2020
Webinar: Risks of Online Selling and IP Infringement in Cambodia
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An initiative of the
Name: Pheng TheaFirm: Abacus IP Location: Phnom Penh, Cambodia
Pheng Thea is a partner at Abacus IP. A seasoned IP professional, Mr. Pheng is licensed by the Cambodian Ministryof Commerce's Department of Intellectual Property and certified by the World Intellectual Property Organization.Prior to founding Abacus IP, Mr. Pheng lead the IP prosecution practice at a leading Cambodian law firm. Hispractice involved the registration and maintenance of hundreds of trademarks, patents, industrial designs and otherforms of IP on behalf of innovators and businesses from around the globe.
Mr. Pheng was elected Chairman of the Intellectual Property Association of Cambodia in August 2019. Mr. Pheng is agraduate of the faculty of law of Pannasastra University of Cambodia. In addition, he holds a Certification inIntellectual Property Specialization from the World Intellectual Property Organization and the University of SouthAfrica.
Professional Memberships:Intellectual Property Association of Cambodia, Chairman; ASEAN IP Association, Council Member; InternationalTrademark Association, Bulletin Committee Member; South-East Asia IPR SME Helpdesk, Member of Panel ofExperts; Asian Patent Attorney Association, Member
© European Union, 2019. Reuse is authorised provided the source is acknowledged. The reuse policy of European Commission documents is regulated by Decision 2011/833/EU OJ L 330, 14.12.2011, p.39.
Speaker’s Bio
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An initiative of the
1. Major Risks from Online Selling2. Protecting Your Rights Globally & in Cambodia3. Cambodian e-Commerce Law4. Domain Name Protection Globally & in Cambodia5. COVID-19 Pandemic Online Issues in Cambodia
Agenda
© European Union, 2020. Reuse is authorised provided the source is acknowledged. The reuse policy of European Commission documents is regulated by Decision 2011/833/EU OJ L 330, 14.12.2011, p.39.
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An initiative of the
• Security Breaches & Cyber Attacks• Hackers on the lookout for new, vulnerable online businesses• Phishing, Denial of Service, Ransomware, etc.• Security must be a top priority• A business killer
1. Major Risks from Online Selling
© European Union, 2020. Reuse is authorised provided the source is acknowledged. The reuse policy of European Commission documents is regulated by Decision 2011/833/EU OJ L 330, 14.12.2011, p.39.
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An initiative of the
• “Copying” of your business• Putting the world on notice• Business model copiers• Few legal remedies• Plan for it
1. Major Risks from Online Selling
© European Union, 2020. Reuse is authorised provided the source is acknowledged. The reuse policy of European Commission documents is regulated by Decision 2011/833/EU OJ L 330, 14.12.2011, p.39.
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An initiative of the
• Intellectual Property Infringement• Patent, Copyright & Trademark• YOU might be infringing someone else’s intellectual property• Someone else might be infringing your rights
1. Major Risks from Online Selling
© European Union, 2020. Reuse is authorised provided the source is acknowledged. The reuse policy of European Commission documents is regulated by Decision 2011/833/EU OJ L 330, 14.12.2011, p.39.
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An initiative of the© European Union, 2020. Reuse is authorised provided the source is acknowledged. The reuse policy of European Commission documents is regulated by Decision 2011/833/EU OJ L 330, 14.12.2011, p.39.
This Photo by Unknown Author is licensed under CC BY-SA
2. IP Protection in Cambodia & Abroad
http://commons.wikimedia.org/wiki/file:world_map_pol_2005_v02_tr.svghttps://creativecommons.org/licenses/by-sa/3.0/
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An initiative of the
• Patents• Paris Convention • MOU and Agreement
MOU with IPOSJoint Statement with JPOValidation Agreement with European Patent Office MOU with NIPC, PRCMOU with KIPO, South Korea
• Patent Cooperation Treaty (PCT)
2. IP Protection in Cambodia & Abroad
© European Union, 2020. Reuse is authorised provided the source is acknowledged. The reuse policy of European Commission documents is regulated by Decision 2011/833/EU OJ L 330, 14.12.2011, p.39.
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An initiative of the
• Trademarks
• National/Direct Filing
• Madrid Protocol
© European Union, 2020. Reuse is authorised provided the source is acknowledged. The reuse policy of European Commission documents is regulated by Decision 2011/833/EU OJ L 330, 14.12.2011, p.39.
2. IP Protection in Cambodia & Abroad
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An initiative of the
• Copyright and Related Right
• All kinds of reading books or other literary, artistic, scientific, and educational documents;
• Lectures, speeches, sermons, oral or written pleadings and other works with the same characteristics;
• Dramatic works or musical dramas;• Choreographic works, either modern or adapted from traditional works or folklore;• Circus performances and pantomimes;• Musical compositions, with or without words;• Audiovisual works;
© European Union, 2020. Reuse is authorised provided the source is acknowledged. The reuse policy of European Commission documents is regulated by Decision 2011/833/EU OJ L 330, 14.12.2011, p.39.
2. IP Protection in Cambodia & Abroad
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An initiative of the
• Copyright and Related Right • Works of painting, engraving, sculpture or other works of collages, or applied arts;• Photographic works, or those realized with the aid of techniques similar to
photography;• Architectural works;• Maps, plans, sketches or works pertaining to geography, topography, or other
sciences;• Computer program and the design encyclopedia documentation relevant to those
programs;• Products of collage work in handicraft, hand-made textile products or other
clothing fashions.
© European Union, 2020. Reuse is authorised provided the source is acknowledged. The reuse policy of European Commission documents is regulated by Decision 2011/833/EU OJ L 330, 14.12.2011, p.39.
2. IP Protection in Cambodia & Abroad
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An initiative of the
• Industrial Design
• National/Direct Filing
• Hague System
© European Union, 2020. Reuse is authorised provided the source is acknowledged. The reuse policy of European Commission documents is regulated by Decision 2011/833/EU OJ L 330, 14.12.2011, p.39.
2. IP Protection in Cambodia & Abroad
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An initiative of the
• Limits liability of Intermediaries and Electronic Service Providers, if:• they were not the originator of the information• no actual knowledge that the information gives rise of civil or
criminal liability• not aware of facts or circumstances they ought to know reasonably
give rise to likelihood of civil or criminal liability, or• if they become aware of the potential liability, they comply with
take-down procedures, including notifying Ministry of Posts and Telecommunication and preserving evidence
3. E-Commerce Law of Cambodia
© European Union, 2020. Reuse is authorised provided the source is acknowledged. The reuse policy of European Commission documents is regulated by Decision 2011/833/EU OJ L 330, 14.12.2011, p.39.
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An initiative of the
• E-Commerce Licenses• Ministry of Posts and Telecommunications + Ministry of
Commerce• Professional Code of Conduct
• Prakas between MPTC & MoC forthcoming• Electronic Payments & Transfers
• National Bank of Cambodia
3. E-Commerce Law of Cambodia
© European Union, 2020. Reuse is authorised provided the source is acknowledged. The reuse policy of European Commission documents is regulated by Decision 2011/833/EU OJ L 330, 14.12.2011, p.39.
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An initiative of the
• Customer protection• Minimum Information Standards on Website
Name of business, Registered address, e-mail / phone number“prompt, easy and effective communication” with customersterms and conditions, including payment method, cancellation, return of goods and
refundaccurate, clear and intelligible information on goods or services on offer
• Unsolicited Communications (Spam)Opt Out.
• Data Protectionholders of “personal information” must reasonably safeguard it to prevent loss, access,
use, modification, leak or disclosure
3. E-Commerce Law of Cambodia
© European Union, 2020. Reuse is authorised provided the source is acknowledged. The reuse policy of European Commission documents is regulated by Decision 2011/833/EU OJ L 330, 14.12.2011, p.39.
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An initiative of the
• Domain names & trademarks• clearance search
• Registering a domain name• .com, .net, .org,, .info, etc.• first come first serve• purchasing domain names
4. Domain Name Protection
© European Union, 2020. Reuse is authorised provided the source is acknowledged. The reuse policy of European Commission documents is regulated by Decision 2011/833/EU OJ L 330, 14.12.2011, p.39.
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An initiative of the
• Registering .kh domains• Telecommunications Regulator of Cambodia - www.trc.gov.kh/dns-
registration• only Cambodian entities / individuals• .com.kh, .net.kh, .gov.kh, .org.kh, edu.kh, .per.kh
4. Domain Name Protection
© European Union, 2020. Reuse is authorised provided the source is acknowledged. The reuse policy of European Commission documents is regulated by Decision 2011/833/EU OJ L 330, 14.12.2011, p.39.
http://www.trc.gov.kh/dns-registration
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An initiative of the
5. Covid-19 Fake Products
© European Union, 2020. Reuse is authorised provided the source is acknowledged. The reuse policy of European Commission documents is regulated by Decision 2011/833/EU OJ L 330, 14.12.2011, p.39.
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An initiative of the© European Union, 2019. Reuse is authorised provided the source is acknowledged. The reuse policy of European Commission documents is regulated by Decision 2011/833/EU OJ L 330, 14.12.2011, p.39.
© European Union, 2019. Reuse is authorised provided the source is acknowledged. The reuse policy of European Commission documents is regulated by Decision 2011/833/EU OJ L 330, 14.12.2011, p.39.
Thanks for your attention
Questions?
© European Union, 2020. Reuse is authorised provided the source is acknowledged. The reuse policy of European Commission documents is regulated by Decision 2011/833/EU OJ L 330, 14.12.2011, p.39.
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An initiative of the
SEA HD Upcoming Webinars
Date Upcoming Webinar(s) SPEAKER(s)
Wed 17 June How to expand your Geographical Indication to South-East Asia: What's New?Ester Olivas Caceres, SEA IPR SME Helpdesk
Thu 18 June Intellectual Property in Laos – Focus on Trade Marks and Trade Mark EnforcementDino Santaniello, Tilleke & Gibbins in Lao PDR
Mon 22 June COVID-19 Impact on IP Protection in South-East AsiaFranck Fougere, Ananda Intellectual Property (Thailand- Hong Kong)
Wed 24 June The Impact of the Pandemic on Brand Protection and IP in China and South-East AsiaSimon Cheetham, Erinyes International Ltd.
© European Union, 2020. Reuse is authorised provided the source is acknowledged. The reuse policy of European Commission documents is regulated by Decision 2011/833/EU OJ L 330, 14.12.2011, p.39.
https://www.southeastasia-iprhelpdesk.eu/en/upcoming-events/webinar-how-expand-your-geographical-indication-south-east-asia-whats-newhttps://www.southeastasia-iprhelpdesk.eu/en/upcoming-events/webinar-intellectual-property-laos-focus-trade-marks-and-trade-mark-enforcement-cohttps://www.southeastasia-iprhelpdesk.eu/en/upcoming-events/webinar-covid-19-impact-ip-protection-south-east-asia-co-organised-asean-dutchhttps://www.southeastasia-iprhelpdesk.eu/en/upcoming-events/webinar-impact-pandemic-brand-protection-and-ip-china-and-south-east-asia-co
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UPCOMING WEBINAR
WEBINAR: TAX UPDATE DURING COVID-19Date: 10 June 2020 At 10:30am
Registration: FREE
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An initiative of the
Thank you for your attention!Stay connected!
South-East Asia IPR SME Helpdesk
@ iprSEAsia South-East Asia IPR SME Helpdesk
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www.ipr-hub.eu/desk TVwww.ipr-hub.eu
© European Union, 2020. Reuse is authorised provided the source is acknowledged. The reuse policy of European Commission documents is regulated by Decision 2011/833/EU OJ L 330, 14.12.2011, p.39.
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Slide Number 1Welcome to the WebinarSlide Number 3Overview (CEST) Slide Number 5Slide Number 6Slide Number 7Webinar: Risks of Online Selling and IP Infringement in CambodiaSpeaker’s BioAgenda1. Major Risks from Online Selling1. Major Risks from Online Selling1. Major Risks from Online SellingSlide Number 142. IP Protection in Cambodia & AbroadSlide Number 16Slide Number 17Slide Number 18Slide Number 193. E-Commerce Law of Cambodia3. E-Commerce Law of Cambodia3. E-Commerce Law of Cambodia4. Domain Name Protection4. Domain Name Protection5. Covid-19 Fake ProductsSlide Number 26SEA HD Upcoming WebinarsSlide Number 28Slide Number 29