Opportunities for American Products & Services in Cambodia

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Janis Rose
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1 bangkok hanoi ho chi minh city jakarta phnompenh vientiane yangon Opportunities for American Products & Services in Cambodia Market Entry Issues A Legal Perspective

2 Market Entry Considerations 1. Investment framework 2. Investment incentives 3. Intellectual property protection 4. Importation of products 5. Product registration 6. Product distribution 7. Services 8. Dispute resolution 9. IP enforcement 2

3 Pro-Business Investment Framework 100% foreign ownership of companies Low minimum capital requirements No nationality or residency requirements for directors No currency controls / dollarized economy Few restrictions on foreign participation in any business sectors 3

4 Investment Incentives Qualified Investment Projects FAQ: What businesses qualify for investment incentives? FAQ: What investment incentives are available? FAQ: What is the process to obtain investment incentives? 4

5 Intellectual Property Protection IP Right Term Interim Filings Renewal? Official Costs Trademark 10 years Affidavit of Use/Non-Use Year 5 6 Patent 20 years Annuity payment Yes, indefinitely USD 105 No USD 260 Utility model certificate 7 years Annuity payment No USD 110 Industrialdesign 5 years Yes, for two consecutive periodsof five years USD 100 5

6 Importation of Products Who can import products into Cambodia? Company/branch incorporated in Cambodia Register as in importer with the General Department of Customs and Excise (GDCE) Register representative Register with ASYCUDA Register company/branch with GDCE Import customs permit for each shipment Best trader 6

7 Importation of Products Can my product be imported into Cambodia? Are there any prohibitions on importing my product in Cambodia? Do I need any regulatory approvals to import my product? Are there are tariffs or duties payable on my product? 7

8 Product Registration What products MUST be registered before sale? Prepackaged foods Drugs and pharmaceuticals Traditional medicines Health supplements Health products for external use Medical devices Cosmetic products (notification) Fertilizers Animal feed Veterinary medicines 8

9 Special Focus Key Regulatory Agencies Department of Drugs, Food, Medical Equipment and Cosmetics (DDF) Key issue: does registered entity require a pharmacist? General-Directorate of Animal Health and Production Key issue: new regulations on expanding scope to include animal health products and veterinary services management. 9

10 Product Distribution Three key issues: Who registers the product? Exclusive or non-exclusive distributor? Are parallel imports allowed? 10

11 Services Generally, no restrictions on foreigners owning service companies or performing services. Certain frameworks exist for licensed professionals, such as architects, auditors, engineers, doctors, lawyers, veterinarians. 11

12 Special Focus Construction and IT Companies Construction companies Can be 100% owned by foreigners, but must hire a certain number of Cambodian licensed architects and engineers. IT companies Can be 100% foreign owned, but new licensing regulations have been enacted, but not implemented. Requirements for licenses uncertain. 12

13 Special Focus Franchising Currently no specific law on franchising in place, however, various laws (Civil Code, Trademark Law) are applicable and contain provisions on franchising. Can record franchise agreements with the DIPR. 13

14 Dispute Resolution What are my options? Litigation Cambodian courts Arbitration International or National Commercial Arbitration Center 14

15 IP Enforcement Intellectual Property Enforcement Private enforcement actions CD letters Negotiations Mediation Other enforcement actions Administrative procedure at the DIPR Cambodian Counter-Counterfeit Committee Border measures 15

Name: Jay Cohen Telephone: +855 23 964 210

com PHOTO For more information please visit our

16 Name: Jay Cohen Telephone: PHOTO For more information please visit our website: twitter.com/tillekegibbins 16

Myanmar Law Update 2018

bangkok hanoi ho chi minh city jakarta phnom penh vientiane yangon Myanmar Law Update 2018 Myanmar Update #4 May 23, 2018 Royal Thai Embassy, Yangon, Myanmar By Ms. Yuwadee Thean-ngarm Director Tilleke