United States of America and the Kingdom of Cambodia (hereinafter referred
to collectively as “Parties” and individually as “Party),
that the evolution of market-based economic institutions and the
strengthening of the private sector will aid the development of mutually
beneficial trade relations,
the importance of intellectual property rights protection to economic
development and growth,
that the development of trade relations and direct contact between
nationals and companies of both Parties will promote openness and mutual
that expanded trade relations between the Parties will contribute to the
general well-being of the peoples of each Party,
Having agreed that economic ties are an important and necessary element in the strengthening of their bilateral relations, and
convinced that an agreement on trade relations between the two Parties
will best serve their mutual interests,
agreed as follows:
MOST-FAVORED-NATION AND NONDISCRIMINATORY TREATMENT
Each Party shall accord unconditionally to products originating in or
exported to the territory of the other Party treatment no less favorable
than that accorded to like products originating in, or exported to the
territory of any third country in all matters relating to:
customs duties and charges of any kind imposed on or in connection
with importation or exportation, including the method of levying such
duties and charges;
methods of payment for imports and exports, and the international
transfer of such payments;
rules and formalities in connection with importation and
exportation, including those relating to customs clearance, transit,
warehouses and transshipment;
taxes and other internal charges of any kind applied directly or
indirectly to imported products; and
laws, regulations and requirements affecting the sale, offering for
sale, purchase, transportation, distribution, storage and use of products
in the domestic market.
Each Party shall accord to products originating in or exported to the
territory of the other Party nondiscriminatory treatment with respect to
the application of quantitative restrictions and the granting of licenses.
Each Party shall accord to imports of products and services originating in
the territory of the other Party nondiscriminatory treatment with respect
to the allocation of and access to the currency needed to pay for such
4. The provisions of section 1 and 2 of this Article shall not preclude action by either Party which is required or specifically permitted by any agreement administered by the World Trade Organization (“WTO”), or by any joint action or decision of the Members of the WTO, during such time as such Party is a Member of the WTO. Similarly, the provisions of sections 1 and 2 shall not, apply to special advantages accorded by virtue of an agreement administered by the WTO.
The provisions of sections 1 and 2 of this Article 3 shall not apply to:
The provisions of section 2 of this Article shall not apply to trade in
textiles and textile products.
the purposes of Chapter I of this Agreement:
Each Party shall administer tariff and nontariff measures affecting trade
in a manner which affords, with respect to both third country and domestic
competitors, meaningful competitive opportunities for products and
services of the other Party.
Accordingly, neither Party shall impose, directly or indirectly, on the
products of the other Party imported into its territory, internal taxes or
charges of any kind in excess of those applied, directly or indirectly, to
like domestic products.
Each Party shall accord to products originating in the territory of the
other Party treatment no less favorable than that accorded to, like
domestic products in respect of all laws, regulations and requirements
affecting their internal sale, offering for sale, purchase,
transportation, distribution, storage or use.
In addition to the obligations of sections 2 and 3 of this Article, the
charges and measures described in sections 2 and 3 of this Article shall
not otherwise be applied to imported or domestic products so as to afford
protection to domestic production.
The Parties shall ensure that technical regulations and standards are not
prepared, adopted or applied with a view to creating obstacles to
international trade or to protect domestic production. Furthermore, each
Party shall accord products imported from the territory of the other Party
treatment no less favorable than the better of the treatment accorded to
like domestic products or like products originating in any third country
in relation to such technical regulations or standards, including
conformity testing and certification.
If a Party has not acceded to the International Convention on the
Harmonized Commodity Description and Coding System, it will undertake
every reasonable effort to do so as soon as possible, but in any event no
later than by December 31, 1997.
GENERAL OBLIGATIONS WITH RESPECT TO TRADE
The Parties shall seek to achieve a satisfactory balance of market access
opportunities through the satisfactory reciprocation of reductions in
tariffs and nontariff-barriers to trade resulting from multilateral
Neither Party shall require its nationals or companies to engage in barter
or countertrade transactions with nationals or companies of the other
Party. Nevertheless, where nationals or companies decide to resort to
barter or countertrade operations, the Parties may furnish them
information to facilitate the transaction.
EXPANSION AND PROMOTION OF TRADE
The Parties affirm their desire to expand trade in products and services
consistent with the terms of this Agreement. They shall take appropriate
measures to encourage and facilitate trade in goods and services and to
secure favorable conditions for long-term development of trade relations
between their respective nationals and companies.
The Parties shall take appropriate measures to encourage the expansion of
commercial contacts with a view to increasing trade. Toward this end, the
Parties shall publicize this Agreement and ensure that it is made
available to all interested parties.
Each Party shall encourage and facilitate the holding of trade promotional
events such as fairs, exhibitions, missions and seminars in its territory
and in the territory of the other Party. Similarly, each Party shall
encourage and facilitate the participation of its respective nationals and
companies in such events. Subject to the laws in force within their
respective territories, the Parties agree to allow the import and
re-export on a duty free basis of all articles for use in such events,
provided that such articles are not sold or otherwise transferred.
GOVERNMENT COMMERCIAL OFFICES
Subject to its laws and regulations governing foreign missions, each Party
shall allow government commercial offices to hire directly host-country
nationals and, subject to immigration laws and procedures, third-country
Each Party shall ensure unhindered access of host country nationals to
government commercial offices of the other Party.
Each Party shall encourage the participation of its nationals and
companies in the activities of the other Party’s government commercial
offices, especially with respect to events held on the premises of such
Each Party shall encourage and facilitate access by government commercial
of f ice personnel of the other Party to-host-country officials at both
the national and subnational level, and to representatives of nationals
and companies of the host Party.
FINANCIAL PROVISIONS RELATING TO TRADE IN PRODUCTS AND SERVICES
Unless otherwise agreed between the parties to such transactions, all
commercial transactions shall be made in United states dollars or any
other currency that may be designated from time to time by the
international Monetary Fund as being a freely usable currency.
Neither Party shall restrict the transfer from its territory of
convertible currencies or deposits, or instruments representative thereof,
obtained in connection with trade in products and services by nationals
and companies of the other Party.
Without derogation from section 2 of this Article, in connection with
trade in products and services, each Party shall grant to nationals and
companies of the other Party the better of most-favored-nation or national
treatment with respect to:
Each Party shall make available publicly on a timely basis all laws and
regulations related to commercial activity, including trade, investment,
intellectual property, taxation, banking, insurance and other financial
services, transport and labor.
Each Party shall provide nationals and companies of the other Party with
access to available non-confidential, non-proprietary data on the national
economy and individual sectors, including information on foreign trade.
3. Each Party shall allow, to the extent possible, the other Party and its nationals the opportunity to comment on the formulation of rules and regulations which affect the conduct of business activities covered by this Agreement.
AREAS FOR FURTHER ECONOMIC AND TECHNICAL COOPERATION
The Parties shall take appropriate steps to foster economic and technical
cooperation on as broad a base possible in all fields deemed to be in
their mutual interest.
The Parties, taking account the growing economic significance of service
industries, shall consult on matters affecting the conduct of service
business between the two countries and particular matters of mutual
interest relating to individual service sectors with the objective, among
others, of attaining maximum possible market access and liberalization.
EMERGENCY ACTION ON IMPORTS
If, as a result of unforeseen developments and of the effect of the
obligations incurred by a Party under any agreement administered by the
WTO or this Agreement, including tariff concessions, any product is being
imported into the territory of that Party in such increased quantities and
under such conditions as to cause or threaten serious injury to domestic
producers in that territory of like or directly competitive products, the
Party shall be free, in respect of such product, and to the extent and for
such time as may be necessary to prevent or remedy such injury, to suspend
the obligation in whole or in part or to withdraw or modify the
Before a Party shall take action pursuant to the provisions of section 1
of this Article, if the other Party has a substantial interest as exporter
of the product concerned, then the importing Party shall afford the other
Party an opportunity to consult with it in respect of the proposed action.
In critical circumstances where delay would cause damage which it would be
difficult to repair, action under section 1 of this Article may be taken
provisionally without prior notice or consultation, on the condition that
consultations shall be effected immediately after taking such action.
Unless a different solution is mutually agreed upon during the
consultations, the importing Party shall be free to take or continue
action under section 1 of this Article. In that event, the other Party
shall be free to deviate from its obligations under this Agreement with
respect to substantially equivalent trade.
The Parties acknowledge that the elaboration of the emergency action
provisions in this Article is without prejudice to the right of either
Party to apply it laws and regulations applicable to trade in textiles and
textile products and its laws and regulations applicable to unfair trade,
including antidumping and countervailing duty laws.
the purposes of Chapter I of this Agreement:
Nationals and companies of either Party shall be accorded national
treatment with respect to access to all courts and administrative bodies
in the territory of the other Party, as plaintiffs, defendants or
otherwise. They shall not be entitled to claim or enjoy immunity from suit
or execution of judgment, proceedings for the recognition and enforcement
of arbitral awards, or other liability in the territory of the other Party
with respect to commercial transactions; they also shall not claim or
enjoy immunities from taxation with respect to commercial transactions,
except as may be provided in other bilateral agreements.
The Parties encourage the adoption of arbitration for the settlement of
disputes arising out of commercial transactions concluded between
nationals or companies of the United States of America and nationals or
companies of the Kingdom of Cambodia. Such arbitration may be provided for
by agreements in contracts between such nationals and companies, or in
separate written agreements between them.
The parties may provide for arbitration under any internationally
recognized arbitration rules, including the UNCITRAL Rules of December 15,
1976 and any modifications thereto, in which case the parties should
designate an Appointing Authority under said rules in a country other than
the United States of America or the Kingdom of Cambodia.
Unless otherwise agreed between the parties, the parties should specify as
the place of arbitration a country other than the United States of America
or the Kingdom of Cambodia, that is a party to the Convention on the
Recognition and Enforcement of Foreign Arbitral Awards, done at New York,
June 10, 1958.
Nothing in this Article shall be construed to prevent, and the Parties
shall not prohibit, the parties from agreeing upon any other form of
arbitration or on the law to be applied in such arbitration, or other
forms of dispute settlement which they mutually prefer and agree best
suits their particular needs.
Each Party shall ensure that an effective means exists within its
territory for the recognition and enforcement of arbitral awards.
INTELLECTUAL PROPERTY RIGHTS
NATURE AND SCOPE OF INTELLECTUAL PROPERTY RIGHTS OBLIGATIONS
1. To provide adequate and effective protection and enforcement of intellectual property rights, each Party shall, at a minimum, observe the commitments set forth in this Agreement and adhere to, or rejoin or reestablish its membership in, the Conventions listed below:
the Party has not acceded to, or rejoined or reestablished its membership
in, the specified text of these conventions on or before the date of entry
into force of this Agreement, it shall make every reasonable effort to do
so as soon as possible, but no later than December 31, 1998.
Nothing in this Agreement shall derogate from law and regulation,
administrative practices or procedures, or administrative or adjudicatory
decisions of either Party that provide more extensive protection of
intellectual property rights than is accorded by this Agreement.
the purposes of Chapter II of this Agreement:
Each Party shall accord to nationals of the other Party treatment no less
favorable than it provides to its own nationals with respect to the
acquisition, protection, enjoyment and enforcement of intellectual
property rights and any benefits derived therefrom.
2. No Party may, as a condition of according national treatment under this Article, require right holders to comply with any formalities or conditions (including fixation, publication or exploitation in the territory of a Party) in order to acquire, enjoy, enforce and exercise rights or benefits in respect of copyright and related rights.
A Party may derogate from section 2 in relation to its judicial and
administrative procedures for the protection or enforcement of
intellectual property rights, including any procedure requiring a national
of the other Party to designate for service of process an address in the
Party’s territory or to appoint an agent in the Party’s territory, if
the derogation is consistent with. the relevant Convention listed in
Article XI above, provided that such derogation:
is necessary to secure compliance with measures that are not
inconsistent with this Agreement; and
is not applied in a manner that would constitute a restriction on
No Party shall have any obligation under this Article with respect to
procedures provided in multilateral agreements concluded under the
auspices of the World Intellectual Property Organization relating to the
acquisition or maintenance of intellectual property rights.
Each Party shall protect all works which embody original expression within
the meaning of the Berne Convention (1971). In particular:
A. all types of computer programs are literary works within the meaning of the Berne Convention and shall be protected as such; and,
compilations of data or other material, whether in machine readable
or other form, which by reason of the selection or arrangement of their
contents constitute intellectual creations, shall be protected as such.
The protection a Party provides under paragraph B a shall not extend to the data or material itself, or prejudice any copyright subsisting in that data or material.
2. Each Party shall provide to authors and their successors in interest those rights enumerated in the Berne Convention in respect of works covered by section 1, including the right to authorize or prohibit:
D shall not apply where the copy of the computer program is not itself an
essential object of the rental. Each Party shall provide that putting the
original or a copy of a computer program on the market with the right
holder’s consent shall exhaust the rental right.
Each Party shall provide that for copyright and related rights:
any person acquiring or holding economic rights may freely and
separately transfer such rights by contract; and
any person acquiring or holding such economic rights, by virtue of
a contract, including contracts of employment underlying the, creation of
works and sound recordings, shall be able to exercise those rights in its
own name and enjoy fully the benefits derived from those rights.
4. No Party may, as a condition of according protection under this Article, require right holders to comply with any formalities in order to acquire rights in respect of copyright and related rights. If a Party grants any right or benefit in a work, phonogram or videogram, including remuneration from levies for private copying or rental activity, all such benefits shall be available on the basis of national treatment to nationals of the other Party.
Whenever the term of protection of a work, other than a photographic work
or a work of applied art, is calculated on a basis other than the life of
a natural person, such term shall be no less than 75 years from the end of
the calendar year of first authorized publication, or, failing such
authorized publication within 25 years from the making of the work, 100
years from the end of the calendar year of making.
Each Party shall confine limitations upon or exceptions to exclusive
rights in respect of copyright and related rights to certain special cases
which do not conflict with a normal exploitation of the work and do not
unreasonably prejudice the legitimate interests of the right holder, and
do not conflict with any other Article of this Agreement.
Translation and reproduction licenses permitted under the Appendix to the
Berne Convention (1971) shall not be granted where the legitimate local
needs of a Party could be met by voluntary actions of right holders, but
for obstacles resulting from measures taken by that Party.
Each Party shall provide to the right holder in a sound recording the
right to authorize or prohibit:
Party shall provide that putting the original or a copy of a sound
recording on the market with the right holder’s consent shall not
exhaust the rental right.
Each Party shall, through operation of this Agreement, apply the
provisions of Article 18 of the Berne Convention for the Protection of
Literary and Artistic Works to rights in existing sound recordings.
PROTECTION OF ENCRYPTED SATELLITE SIGNALS
Each Party shall make it:
Party shall provide that any civil offense established under paragraph C
shall be actionable by any person that holds an interest in the encrypted
programming signal or the content thereof.
LAYOUT DESIGNS OF SEMICONDUCTOR INTEGRATED CIRCUITS
Each Party shall protect layout designs (topographies) of integrated
circuits (“layout designs”) in accordance with Articles 2 through 7,
12 and 16(3), other than Article 6(3), of the Treaty on Intellectual
Property in Respect of Integrated Circuits as opened for signature on May
26, 1989 and, in addition, shall comply with the following provisions.
Subject to section 3, each Party shall make it unlawful for any person
without the right holder’s authorization to reproduce, import or
distribute a protected layout design, an integrated circuit in which a
protected layout design is incorporated, or an article incorporating such
an integrated circuit only insofar as it continues to contain an
unlawfully reproduced layout design.
Neither Party may make unlawful any of the acts referred to in section 2
performed in respect of an integrated circuit that incorporates an
unlawfully reproduced layout design, or any article that incorporates such
an Integrated circuit, where the person performing those acts or ordering
those acts to be done did not know and had no reasonable ground to know,
when it acquired the integrated circuit or article incorporating such an
integrated circuit, that it incorporated an unlawfully reproduced layout
Each Party shall provide that, after the person referred to in section 3
has received sufficient notice that the layout design was unlawfully
reproduced, such person may perform any of the acts with respect to the
stock on hand or ordered before such notice, but shall be liable to pay
the right holder for doing so an amount equivalent to a reasonable royalty
such as would be payable under a freely negotiated license in respect of
such a layout design.
Neither Party may permit the compulsory licensing of layout designs of
The term of protection for the layout design shall extend for at least ten
years from the date of first commercial exploitation or the date of
registration of the design, if required, whichever is earlier.
For purposes of this Agreement, a trademark consists of any sign, or any
combination of signs, capable of distinguishing the goods or services of
one person from those of another, including words, personal names,
designs, letters, numerals, colors, figurative elements, or the shape of
goods or of their packaging. Trademarks shall include service marks,
collective marks, and certification marks.
Each Party shall provide to the owner of a registered trademark the right
to prevent all persons not having the owner’s consent from using in
commerce identical or similar signs for goods or services that are
identical or similar to those goods or services in respect of which the
owner’s trademark is registered, where such use would result in a
likelihood of confusion. In the case of the use of an identical sign for
identical goods or services, a likelihood of confusion shall be presumed.
The rights described above shall not prejudice any prior rights, nor shall
they affect the possibility of a Party making rights available on the
basis of use.
Acquisition of Rights
Initial registration of a trademark shall be for a term of at least 10
years. The registration of a trademark shall be indefinitely renewable for
terms of no less than 10 years when conditions for renewal have been met.
Requirement of Use
A Party may provide limited exceptions to the rights conferred by a
trademark, such as a fair use of descriptive terms, provided that such
exceptions take into account he legitimate interests of the trademark
owner and of other persons.
Compulsory licensing of trademarks shall not be permitted. The owner of a
registered trademark shall have the right to assign its trademark with or
without the transfer of the business to which the trademark belongs.
However, a Party may require transfer of goodwill in a mark as part of the
valid transfer of the mark.
Requirements for Protection
Parties shall provide for the protection of independently created
industrial designs that are new or original. Parties may provide that
designs are not new or original if they do not significantly differ from
known designs or combinations of known design features. Parties may
provide that such protection shall not extend to designs dictated
essentially by technical or functional considerations.
Each Party shall ensure that requirements for securing protection
for textile designs, in particular in regard to any cost, examination or
publication, do not unreasonably impair the opportunity to seek and obtain
such protection. Parties shall be free to meet this obligation through
industrial design law or through copyright law.
Patentable Subject Matter
the product is new, or
a substantial likelihood exists that the product was made by the
process and the patent owner has been unable through reasonable efforts to
determine the process actually used. In the gathering and evaluation of
evidence to the contrary, the legitimate interests of the defendant in
protecting his confidential information shall be taken into account.
Each Party may provide limited exceptions to the exclusive-rights
conferred by a patent, provided that such exceptions do not conflict with
the normal exploitation of the patent and do not unreasonably prejudice
the legitimate interests of the right holder.
Each Party shall provide a term of protection of at least 20 years from
the date of filing of the patent application or 17 years from the date of
grant of the patent. Parties may extend the terms of patents, in
appropriate cases, to compensate for delays caused by regulatory approval
If a Party has not made available patent protection for products subject
to a regulatory review period prior to its commercial marketing or use
commensurate with section 1 as of seventeen years prior to the date of
this Agreement, that Party shall provide to the inventor of any such
product or its assignee the means to obtain product patent protection or
equivalent protection for such product for the unexpired term of the
patent for such product granted in the other Party, as long as the product
has not been marketed at the time of Agreement in the Party providing
protection under this section and the person seeking such protection makes
a timely request. The transitional protection must, at least, give the
patent owner or his assignee the right to exclude others from making,
using and selling the invention during the remaining term of the patent
granted by the other Party.
Where the law of a Party allows for use of the subject matter of a patent
without the authorization of the right holder, other than that allowed
under section 3, including use by the government or third parties
authorized by the government, the following provisions shall be respected:
ACTS CONTRARY TO HONEST COMMERCIAL PRACTICE AND THE PROTECTION OF TRADE SECRETS
In the course of ensuring effective protection against unfair competition
as provided in Article 10bis of the Paris Convention (1967), each
Party shall protect undisclosed information in accordance with section 2
below and data submitted to government or governmental agencies in
accordance with sections 5 and 6 below.
Each Party shall provide the legal means for any person to prevent
confidential information from being disclosed to, acquired by, or used by
others, without the consent of the person lawfully in control of the
information in a manner contrary to honest commercial practices, in so far
as, and for so long as:
Neither Party shall limit the duration of protection for confidential
information so long as the conditions in section 2 of this Article exist.
Neither Party shall discourage or impede voluntary licensing of
confidential information by imposing excessive or discriminatory
conditions on such licenses or conditions which dilute the value of
If a Party requires, as a condition of approving the marketing of
pharmaceutical or agricultural chemical products which utilize new
chemical entities, the submission of confidential test or other data
necessary to determine whether the use of such products is safe and
effective the Party shall protect against disclosure of the data of
persons making such submissions where-the origination of such data
involves considerable effort, except where necessary to protect the public
or unless steps are taken to ensure that the data is protected against
unfair commercial use.
Unless the person submitting the information agrees, the data
submitted pursuant to paragraph A may not be relied upon for the approval
of competing products for a reasonable period of time, taking into account
the efforts involved in the origination of the data, their nature, and the
expenditure involved in their preparation, and such period of time shall
generally be not less than five years from the date of marketing approval.
Where a Party relies upon a marketing approval granted by another
Party, the reasonable period of exclusive use at the data submitted in
connection with obtaining the approval relied upon shall commence with the
date of the first marketing approval relied upon.
ENFORCEMENT OF INTELLECTUAL PROPERTY RIGHTS
the purposes of Chapter II of this Agreement:
Specific Procedural and Remedial Aspects Of Civil Actions
F. In order to create an effective deterrent to infringement, each Party shall provide its judicial authorities the authority to order that goods that they have found to be infringing be, without compensation of any sort, disposed outside the channels of commerce in such a manner as to avoid causing any harm to the right-holder, or, unless this would be contrary to existing , constitutional requirements, destroyed. The judicial authorities shall also have the authority to order that materials and implements the predominant use of which has been in the creation of the infringing goods be, without compensation of any sort, disposed of outside the channels of commerce in such a manner as to minimize the risks of further infringements in considering such requests, the need for proportionality between the seriousness of the infringement and the remedies ordered as well as the interest of third parties shall be taken into account. In regard to counterfeit goods, the simple removal of the trademark unlawfully affixed shall not be sufficient, other than in exceptional cases, to permit release of the goods into channels of commerce.
Each Party shall provide its judicial authorities the authority to
order prompt and effective provisional measures:
to prevent an infringement of any intellectual property right from
occurring, and in particular to prevent the entry into the channels of
commerce in their jurisdiction of allegedly infringing goods, including
measures to prevent the entry of imported goods at the border; and
to preserve relevant evidence in regard to the alleged infringement
Each Party shall authorize its judicial authorities to require the
applicant for provisional measures to provide any evidence reasonably
available to that applicant in order to satisfy themselves with a
sufficient degree of certainty that the applicant is the right holder,
that his right is being infringed or such infringement is imminent, and
that any delay is likely to cause irreparable harm to the right holder or
there is a demonstrable risk of evidence being destroyed. Each Party shall
also authorize its judicial authority to require the right-holder to
provide a security or equivalent assurance sufficient to protect the
defendant and to prevent abuse.
Each Party shall authorize its judicial authorities to adopt
provisional measures on an ex parte basis, in particular where any delay
is likely to cause irreparable harm to the right holder, or where there is
a demonstrable risk of evidence being destroyed.
Where provisional measures have been adopted on an ex parte
basis, the parties affected shall be given notice, without delay, after
the execution of the measures at the latest. A. review, including a right
to be heard, shall take place upon request of the defendant with a view to
deciding, within a reasonable period after the notification of the
measures, whether these measures shall be modified, revoked or confirmed.
Without prejudice to paragraph D above, provisional measures taken
on the basis of paragraphs A and C above shall, upon request by the
defendant, be revoked or otherwise cease to have effect, if proceedings
leading to a decision on the merits of the case are not initiated within a
reasonable period not exceeding one month after the notification of the
provisional measures, unless determined otherwise by the judicial
Where the provisional measures are revoked or where they lapse due
to any act or omission by the applicant (other than settlement of the
case), or where it is subsequently found that there has been no
infringement or threat of infringement of an intellectual property right,
the judicial authorities shall have the authority to order the applicant,
upon request of the defendant, to provide the defendant appropriate
compensation for any injury caused by these measures.
To the extent that any provisional measure can be ordered as a
result of administrative procedures, such procedures shall conform to
principles equivalent in substance to those set forth in section 3 of this
Party shall provide for criminal procedures and penalties to be applied at
least in cases of willful trademark counterfeiting and copyright piracy on
a commercial scale. Penalties available shall include imprisonment and
monetary fines sufficient to provide an effective deterrent and, in
appropriate cases, the seizure, forfeiture and destruction of the
infringing goods and of any device the predominant use of which has been
in the commission of the offense. Each Party may provide for criminal
procedures and penalties to be applied in cases of infringement of any
other intellectual property right, in particular where it is committed
willfully and on a commercial scale.
ENFORCEMENT AT THE BORDER
Each Party shall adopt procedures to, enable a right holder, who has valid
grounds for suspecting that the importation of counterfeit trademark goods
or unauthorized copies of copyright goods may take place, to lodge an
application in writing with its competent authorities, whether
administrative or judicial, for the suspension by the customs
administration of the release of such goods into free circulation. No
Party shall be obligated to apply such procedures to goods in transit. A
Party may permit such an application to be made in respect of goods that
involve other infringements of intellectual property rights, provided that
the requirements of this Article are met. A Party may also provide for
corresponding procedures concerning the suspension by the customs
administration of the release of infringing goods destined for exportation
from its territory.
Each Party shall require any applicant who initiates procedures under
section 1 to provide adequate evidence:
Each Party shall authorize its competent authorities to require an
applicant under section 1 to provide a security or equivalent assurance
sufficient to protect the defendant and the competent authorities and to
prevent abuse. Such security or equivalent assurance shall not
unreasonably deter recourse to these procedures.
A Party’s customs administration, upon receiving an application pursuant
to procedures adopted in accordance with this Article XXI, may suspend the
release of goods involving industrial designs, patents, integrated
circuits or trade secrets into free circulation on the basis of a decision
other than by a judicial or other independent authority; provided,
however, if the period set forth in sections 6 through 8 has expired
without the granting of provisional relief by the duly empowered
authority, and provided that all other conditions for impartation have
been complied with, such Party shall permit the owner, importer or
consignee of such goods to receive such goods for entry into commerce on
the posting of a security in an amount sufficient to protect the right
holder against any infringement. Payment of such security shall not
prejudice any other remedy available to the right holder, it being
understood that the security shall be released if the right holder fails
to pursue its right of action within a reasonable period of time.
Each Party shall ensure that its customs administration will promptly
notify the importer and the applicant when the customs administration
suspends the release of goods pursuant to section 1.
6. Each Party shall ensure that its customs administration will release goods from suspension if within a period not exceeding 10 working days after the applicant under section 1 has been served notice of the suspension the customs administration has not been informed that:
Each Party shall ensure that if proceedings leading to a decision on the
merits of the case have been initiated, a review, including a right to be
heard, shall take place on request of the defendant with a view to
deciding, within a reasonable period, whether the measures shall. be
modified, revoked or confirmed.
Notwithstanding sections 6 and 7, where the suspension of the release of
goods is carried out or continued in accordance with a provisional
judicial measure, section 3:E of Article XX shall apply.
Each Party shall ensure that its competent authorities have the authority
to order the applicant under section 1 to pay the impoprter, the consignee
and the owner of the goods approppriate compensation for any injury caused
to them through the wrongful detention of goods or through the detention
of goods released pursuant to section 6.
Without prejudice to the protection of confidential information, each
Party shall ensure that its competent authorities have the authority to
give the right holder sufficient opportunity to have any goods detained by
the customs administration inspected in order to substantiate its claims.
Each Party shall also ensure that its competent authorities have the
authority to give the importer an equivalent opportunity to have any such
goods inspected. Where the competent authorities have made a positive
determination on the merits of a case, a Party may provide the competent
authorities the authority to inform the right holder of the names and
addresses of the consignor, the importer and the consignee, and of the
quantity of the goods in question.
Where a Party requires its competent authorities to act on their own
initiative and to suspend the release of goods in respect of which they
have acquired prima facie evidence that an intellectual property
right is being infringed:
the competent authorities may at any time seek from the right
holder any information that might assist-them to exercise these powers;
the importer and the right holder shall be promptly notified of the
suspension by the Party’s competent authorities, and where the importer
lodges an appeal against the suspension with competent authorities, the
suspension shall be subject to the conditions, with such modifications as
may be necessary, set out in sections 6 through 8; and
the Party may exempt public authorities and officials from
liability, except when the offending actions were not taken or intended in
Without prejudice to other rights of action open to the right holder and
subject to the defendant’s right to seek judicial review, each Party
shall provide that its competent authorities shall have the authority to
order the destruction or disposal of infringing goods in accordance with
the principles set out in section 2:F of Article XX. In regard to
counterfeit goods, the authorities shall not allow the re-exportation of
the infringing goods in an unaltered state or subject them to a different
customs procedure, other than in exceptional circumstances.
13. A Party may exclude from the application of sections 1 through 12 small quantities of goods of a non-commercial nature contained in travelers’ personal luggage or sent in small consignments that are notrepetitive.
TIMING OF SPECIFIC INTELLECTUAL PROPERTY OBLIGATIONS
Each Party shall submit any legislation and issue any regulations
necessary to carry out fully its obligations under Articles XIII, XVI,
XVII and XX no later than eighteen months following the entry into force
of this Agreement, and exert its best efforts to enact and implement such
legislation and give effect to such regulations no later than twenty-four
months following the entry into force of this Agreement.
Each Party shall submit any legislation and issue any regulations
necessary to carry out fully its obligations under Articles XIV, XV, XVIII,
XIX and XXI no later than twenty-four months following the entry into
force of this Agreement, and exert its best efforts to enact and implement
such legislation and give effect to such regulations no later than thirty
months following the entry into force of this Agreement.
Notwithstanding the time frames for implementation of the obligations of
Articles XIII through XXI, as set forth in sections 1 and 2 above, each,
Party shall immediately comply to the extent possible under its laws,
regulations and practice with the obligations set forth in such Articles,
and shall at no time lessen its level of compliance with such obligations.
Notwithstanding any other provision of this Agreement, neither Party shall
be obligated to comply with Article XII:1 unless and until such time as
both Parties provide the level of protection required under Articles XIII
through XXI and have exchanged written communications to that effect. The
Parties may agree to be bound by their obligations under Article Xll:1 on
an Article-by-Article basis (for the Articles in the range of XIII through
XXI), as long as the communications referred to in this section have been
exchanged for such individual Articles.
As used in Chapter I of this Agreement, the term set forth below shall
have the following meaning:
“company,” means any kind of:
joint venture, or
whether or not organized for pecuniary gain, or privately or governmentally owned or controlled, and legally constituted under the laws and regulations of a Party or a political subdivision thereof;
“national,” means a natural person who is a national of a Party
under its applicable law.
As used in Chapter II of this Agreement, the terms below shall have the
communicating a work in a place open to the public or at any place
where a substantial number of persons outside of a normal circle of a
family and its social acquaintances is gathered; or
communicating or transmitting a work, a performance, or a display
of a work, in any form, or by means of any device or process to a place
specified in section 2 (A) above or to the public, regardless of whether
the members of the public capable of receiving such communications can
receive them in the same place or separate places and at the same time or
at different times.
G. “Intellectual property rights” refer to copyright and related rights, trademark rights, patent rights, rights in layout designs of semiconductor integrated circuits, rights in encrypted satellite signals, trade secret rights, and plant breeders rights.
in this Agreement shall be construed:
to require either Party to furnish or allow access to any information the
disclosure of which it determines to be contrary to essential security
to prevent either Party from taking any action which it considers
necessary for the protection of its essential security interests:
to prevent either Party from taking any action in pursuit of its
obligations under the United Nations Charter for the maintenance of
international peace and security.
Subject to the requirement that such measures are not applied in a manner
which would constitute a means of arbitrary or unjustifiable
discrimination between countries where the same conditions prevail, or a
disguised restriction on international trade, nothing in this Agreement
shall be construed to prohibit the adoption or enforcement by a Party of
necessary to secure compliance with laws or regulations not
inconsistent with the provisions of this Agreement, including measures
related to the protection of intellectual property rights and the
prevention of deceptive practices, or
referred to in Article XX of the General Agreement on Tariffs and
Each Party reserves the right to deny any company the advantages of this
Agreement if nationals of any third country control such a company and, in
the case of a company of the other Party, that company has no substantial
business activities in the territory of the other Party or is controlled
by nationals of a third country with which the denying country does not
maintain normal economic relations.
Nothing in this Agreement limits the application of any existing or future
agreement between the Parties on trade in textiles and textile products.
Parties agree to consult promptly through appropriate channels at the
request of either Party to discuss any matter concerning the
interpretation or implementation of this Agreement and other relevant
aspects of the relations between the Parties.
ENTRY INTO FORCE, DURATION, SUSPENSION AND TERMINATION
This Agreement shall enter into force on the date of exchange of written
notices of acceptance by the two Governments and shall remain in force for
a period of ten years and shall continue thereafter unless terminated in
accordance with paragraph 2 of this Article.
Either Party may, by giving one year’s written notice to the other
Party, terminate this Agreement at the end of the initial ten year period
or at any time thereafter.
IN WITNESS THEREOF, the undersigned, being duly authorized by their respective Governments, have signed this Agreement.
at Washington, in duplicate, this fourth (4th) day of October, 1996, in
the English and Khmer languages, each text being equally authentic;
however, in the case of a divergence of interpretation, the English
language text being the text that shall prevail.
THE UNITED STATES OF AMERICA:
United States Trade Representative
THE KINGDOM OF CAMBODIA:
Minister of Commerce