Expert Interview: Insights from our IP experts – Cambodia

Today, let’s meet David Haskel and Pheng Thea, our IP experts based in Cambodia!

With over fifteen years of experience supporting European businesses in all areas of IP protection, including Patents, Utility Model Certificates, Industrial Designs, Copyright, Geographical Indications, and Plant Variety Protection in Cambodia, both Mr. Haskel and Mr. Thea are considered among the leaders in their field.

"Foreign companies in Cambodia must act proactively to safeguard IP protection, as registration is crucial for legal enforcement. While Cambodia offers IP protection, enforcement mechanisms are still evolving; Therefore, foreign firms must stay vigilant and ensure timely registration of their IP assets,” said David.

Sharing a similar view, Thea noted, “We strongly advise filing trademark applications and other IP rights in Cambodia to secure protection before commencing business here.”

Haskel and Thea are among the many professionals in the South-East Asia IP expert network, supporting international SMEs across the region.

Q1: What is one statement (impactful/key message) you would like to share with European SME doing business in South-East Asia?

• David Haskel: 
  Foreign companies in Cambodia must act proactively to safeguard IP protection, as registration is crucial for legal enforcement. While Cambodia offers IP protection, enforcement mechanisms are still evolving; Therefore, foreign firms must stay vigilant and ensure timely registration of their IP assets.
• Pheng Thea:
  We strongly advise filing trademark applications and other IP rights in Cambodia to secure protection before commencing business here. 

Q2: From your experience, what are the main IP risks or obstacles in Cambodia that EU SMEs should be aware of? 

• Enforcement capacity: Cambodia’s enforcement mechanisms are still developing and limited, but progress is being made through legal reforms and increased training.
• Counterfeit goods: Counterfeit products can be commonly found in some Cambodian markets, particularly in sectors like fashion and cosmetics, though enforcement actions and awareness campaigns are growing.
• Awareness levels: Public and business awareness of IP rights in Cambodia is improving, albeit from a low base.

Q3: Is there something SMEs often misunderstand or overlook when it comes to IP protection in Cambodia?

From what we can see, many European SMEs often underestimate the importance of proactive enforcement strategies and local IP education, assuming robust laws alone ensure protection.

Q4: What are your top practical tips or advice for European SMEs regarding IP protection in Cambodia? 

• Register early: Secure IP rights proactively before entering the Cambodian market.
• Seek IP experts' support: Engage trusted local advisors experienced in IP law and enforcement.
• Monitor proactively: Regularly conduct market surveillance to detect potential infringements early.
• Educate local partners: Clearly communicate IP rights and expectations with local distributors and partners.
• Leverage treaties: Maximise Cambodia’s international treaty memberships and bilateral agreements for broader protection. E.g. the validation agreement between the European Patent Office (EPO) and Cambodia allows a patent granted by the EPO to be recognised and validated in Cambodia upon the patent owner’s request.

Discover our full network of IP experts across South-East Asia. 

Explore more insights on IP protection in Cambodia, download the Cambodia IP country factsheet.

If you have any further questions on how to protect your IP in SEA, contact us at expertsea-iphelpdesk [dot] eu (expert[at]sea-iphelpdesk[dot]eu).