A shop targeting tourists isn't something you can copyright. If your business depends on copyright it will fail. Simple as that.
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Starting business in Siem Reap any mafia or so?
- Miguelito
- Ordinary Schmo
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The above mentioned is true, but it should be noted that although Cambodia has joined the Agreement on Trade-Related Aspects of Intellectual Property Rights (1994) under the WTO, Cambodia does not need to implement it until 2020 now. Before it was supposed to take effect in 2017, but that had been extended to 2020, I believe.jackrossi wrote:Recently Cambodia has passed some laws protecting patents and intellectual property rights.
Cambodia joined the Madrid system for IPR protection in 2015
Cambodia is presently a party to the Paris Convention for the Protection of Industrial Property (1883), the WIPO Convention (1967), Agreement on Trade-Related Aspects of Intellectual Property Rights (1994), and the Convention on Biological Diversity
(1992).
See:
Prakas No 706 on The Procedure for the Grant of Patents and Utility Model Certificates.
Patent Law, Art. 136; Prakas Rule 45
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- I have some social problems
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There may be laws to protect your copyright but I cannot see them being enforced. What could you possibly want to copyright as a shop?james123 wrote:
I realise this. But i have read that even in Cambodia there are copyright laws. They do not count or enforce them for foreign stuff but copyright láws are respected and enforced between cambodian companies.
Trademark on the other hand i can see the point of... except in Cambodia
As jackrossi mentions, they are part of the WIPO Madrid protocol (TM) and the PCT (patent) but if you are going to have to sue a Khmer for Trademark infringement then good luck with that!
China has been part of the WIPO for 30 years but they are constantly producing cheap knock-offs of pretty much everything
No it is not a shop! It is something which definitely sorts under copyright.
Lets say: I would make a CD with music. (Its not, but as example). Record in Cambodia, press in Cambodia, register in Cambodia, Cambodian company owned by me (European). I would sell it to tourists on several places in Siem Reap and it sells well. Is there a risk of Khmer copying the CD and selling the CD on large scale in Siem Reap without that I can take legal action and have success?
I got the impression from what I have read that being a Cambodian company you would be able to protect intellectual content by copying large scale. Of course small scale hassling will probably occur. But since I would be having management in Siem Reap on the spot I would be noticing this very soon.
Here in Europe It would not be a problem, I know how things work in SE Asia a little. My bigger concern is that it would be possible that a rich business Khmer with a lot of influence at one point says, hey, I like this, now it's mine and you leave the country. Would I stand a chance in court in Cambodia against a Khmer business man, although my rights are very clear?
I am not a broke down loser, but I am not rich as well!
Update: A lot of people are thinking heavily what this product may be. Don't try to guess. Just wait till October/November 2018 when we will launch in Siem Reap. We will need almost a year to create and produce this product. It will be ready at the start of the high season. I am not afraid of someone copying the concept. After we launch, I don't think there is market enough to sell a similar product, and Khmer probable can not make it. My concern is that someone copies the complete product with text, graphics, sound and photo's 1-on-1, produces and sells. That would be protected by law. I hope.
Lets say: I would make a CD with music. (Its not, but as example). Record in Cambodia, press in Cambodia, register in Cambodia, Cambodian company owned by me (European). I would sell it to tourists on several places in Siem Reap and it sells well. Is there a risk of Khmer copying the CD and selling the CD on large scale in Siem Reap without that I can take legal action and have success?
I got the impression from what I have read that being a Cambodian company you would be able to protect intellectual content by copying large scale. Of course small scale hassling will probably occur. But since I would be having management in Siem Reap on the spot I would be noticing this very soon.
Here in Europe It would not be a problem, I know how things work in SE Asia a little. My bigger concern is that it would be possible that a rich business Khmer with a lot of influence at one point says, hey, I like this, now it's mine and you leave the country. Would I stand a chance in court in Cambodia against a Khmer business man, although my rights are very clear?
I am not a broke down loser, but I am not rich as well!
Update: A lot of people are thinking heavily what this product may be. Don't try to guess. Just wait till October/November 2018 when we will launch in Siem Reap. We will need almost a year to create and produce this product. It will be ready at the start of the high season. I am not afraid of someone copying the concept. After we launch, I don't think there is market enough to sell a similar product, and Khmer probable can not make it. My concern is that someone copies the complete product with text, graphics, sound and photo's 1-on-1, produces and sells. That would be protected by law. I hope.
Does dozens upon dozens of small scale copying add up to large scale copying?
If it can be copied, and their is any value in copying it, then it will be copied, and sold.
Safest bet would be to pretend there is no copyright protection here.
If it's such a valuable product that you think it will take some bong thom with financial resources to invest in copying it, then it's also unlikely you will be able to afford to beat him in court.
So what happens if you do spend a year developing and launching the product, and someone copies it a week after you launch? Do you have the financial means to sue each and every copyright infringement?
If it can be copied, and their is any value in copying it, then it will be copied, and sold.
Safest bet would be to pretend there is no copyright protection here.
If it's such a valuable product that you think it will take some bong thom with financial resources to invest in copying it, then it's also unlikely you will be able to afford to beat him in court.
So what happens if you do spend a year developing and launching the product, and someone copies it a week after you launch? Do you have the financial means to sue each and every copyright infringement?
I just found an interesting article on the internet about Intellectual Property: http://www.chamnanmuon.com/2015/07/inte ... bodia.html
Since it will take a couple of thousand dollar to copy the product even at a small scale, I am not that afraid of copying anymore. My product is not that unique that someone will invest that kind of money without distribution and having points of sale and knowing he will loose in court. I just read that it is not expensive to register the product and so be protected.
I am very glad that I just read that setting up a company can be done without lawyer, online http://www.chamnanmuon.com/2016/01/busi ... bodia.html. It only costs 420 dollar. Has anyone done this? Any tricks or advise?
How is the VAT moral and enforcement in Cambodia? I know I should pay 10% VAT. How can they check my sales volume? Is it common to have a creative bookkeeping or is that stupid, dangerous and asking for trouble??
Since it will take a couple of thousand dollar to copy the product even at a small scale, I am not that afraid of copying anymore. My product is not that unique that someone will invest that kind of money without distribution and having points of sale and knowing he will loose in court. I just read that it is not expensive to register the product and so be protected.
I am very glad that I just read that setting up a company can be done without lawyer, online http://www.chamnanmuon.com/2016/01/busi ... bodia.html. It only costs 420 dollar. Has anyone done this? Any tricks or advise?
How is the VAT moral and enforcement in Cambodia? I know I should pay 10% VAT. How can they check my sales volume? Is it common to have a creative bookkeeping or is that stupid, dangerous and asking for trouble??
- chkwoot
- 2000+ Posts! Aghh I Have No Mates
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Don't believe everything you read on the internet. Your 2 links are at least 21 months old, and they contain ambiguous and out of date information. Also, what is the main purpose of that site? Is someone altruistically sharing info to help us common folk? Haven't been here long, have you?james123 wrote:I just found an interesting article on the internet about Intellectual Property: http://www.chamnanmuon.com/2015/07/inte ... bodia.html
Since it will take a couple of thousand dollar to copy the product even at a small scale, I am not that afraid of copying anymore. My product is not that unique that someone will invest that kind of money without distribution and having points of sale and knowing he will loose in court. I just read that it is not expensive to register the product and so be protected.
I am very glad that I just read that setting up a company can be done without lawyer, online http://www.chamnanmuon.com/2016/01/busi ... bodia.html. It only costs 420 dollar. Has anyone done this? Any tricks or advise?
How is the VAT moral and enforcement in Cambodia? I know I should pay 10% VAT. How can they check my sales volume? Is it common to have a creative bookkeeping or is that stupid, dangerous and asking for trouble??
You will not fully understand the ins and outs of doing business here until you actually go through the process. You can hire people to help you, but success is far from guaranteed. Physically go to the Ministry of Commerce and ask them all of the questions that you are asking us virtual anonymous peons, then decide if what you want is feasible or economically viable. You're not in Kansas anymore Toto.
I am sooooo very sorry if you can't understand or appreciate my sarcastic facetiousness.
Yup. Fresh off the boat but uses Google to prove everyone wrong. Never ends well for people like that...
I like the turn it took from worrying about the mafia to being confident he can win in court.
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I like the turn it took from worrying about the mafia to being confident he can win in court.
Bless
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- I have some social problems
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Tax compliance in Cambodia is getting stricter all of the time so I would personally recommend being tax compliant. Without knowing your business/turnover it is impossible to know if it would make sense to creatively account due to the different tax bands.james123 wrote:I just found an interesting article on the internet about Intellectual Property: http://www.chamnanmuon.com/2015/07/inte ... bodia.html
Since it will take a couple of thousand dollar to copy the product even at a small scale, I am not that afraid of copying anymore. My product is not that unique that someone will invest that kind of money without distribution and having points of sale and knowing he will loose in court. I just read that it is not expensive to register the product and so be protected.
How is the VAT moral and enforcement in Cambodia? I know I should pay 10% VAT. How can they check my sales volume? Is it common to have a creative bookkeeping or is that stupid, dangerous and asking for trouble??
Are you in Phnom Penh now? there is a talk on about IP law in Cambodia that may be useful to attend:
Also another on tax in cambodia here:
http://www.eurocham-cambodia.org/event/ ... Forum-2017
knowing he will lose in court copyright infringement can be hard to prove and very easy to get around (they would be able to copy the sentiment of the piece in its entirety whilst changing the words/music/dancing slightly
Ok, I am not experienced in Cambodia. I have been in Siem Reap and Phnom Penh last year. I have been around in Asia and I have done some business in Thailand and China. I am quite experienced in the kind of product I want to sell.
But I have just a lot of questions and try to prepare myself as much as I can. This forum is a great resource of information, though there are a lot of silly and idiot posts as well. But It helps me quite a lot. I have read a lot on this forum. It was entertaining and enlightening. I know Cambodia is a 3rd world country with a lot of corruption, poverty and lack of infrastructure. But it is not a total Lawless country either.
Your posts have really helped me a lot. I have been considering a lot but now, after everything I have seen and read, I am quite confident that my project will most likely be successful. I will not be a millionaire with it, probable not even get rich, but I think I can grow a nice small/middle sized company on this project.
I am willing to invest the money needed and when I would move to Cambodia, I can live simple without spending all my money too fast. When sales kicks in permanently, it is early enough to buy a car and rent a nice house.
Does anyone know why it takes sometimes almost 24 hours till a answer or new topic appears on the forum?
But I have just a lot of questions and try to prepare myself as much as I can. This forum is a great resource of information, though there are a lot of silly and idiot posts as well. But It helps me quite a lot. I have read a lot on this forum. It was entertaining and enlightening. I know Cambodia is a 3rd world country with a lot of corruption, poverty and lack of infrastructure. But it is not a total Lawless country either.
Your posts have really helped me a lot. I have been considering a lot but now, after everything I have seen and read, I am quite confident that my project will most likely be successful. I will not be a millionaire with it, probable not even get rich, but I think I can grow a nice small/middle sized company on this project.
I am willing to invest the money needed and when I would move to Cambodia, I can live simple without spending all my money too fast. When sales kicks in permanently, it is early enough to buy a car and rent a nice house.
Does anyone know why it takes sometimes almost 24 hours till a answer or new topic appears on the forum?
Last edited by james123 on Tue Oct 10, 2017 9:33 pm, edited 2 times in total.
Every new member has their 5 first posts on hold until one of the lazy moderators comes around to approve them. It's to prevent spammers and stuff which those moderators still let slip through anyway. You should be fine now that your post count is above 5.james123 wrote:Does anyone know why it takes sometimes almost 24 hours till a answer or new topic appears on the forum?
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