Trade Secrets Law in Cambodia
Here’s an overview of Trade Secrets law in Cambodia:
🇰🇭 Trade Secrets Law in Cambodia
1. Legal Framework
Cambodia does not have a specific, standalone trade secrets law.
Trade secrets are primarily protected under:
The Law on Marks, Trade Names and Acts of Unfair Competition (2002, amended 2019).
Civil Code provisions related to confidentiality and contracts.
General unfair competition law, which prohibits unauthorized use or disclosure of trade secrets.
Cambodia is a member of the World Trade Organization (WTO) and complies with the TRIPS Agreement, which mandates protection of undisclosed information.
2. Protection Mechanisms
Trade secrets protection is based on:
Confidentiality obligations under contracts and employment agreements.
Protection against acts of unfair competition, including unauthorized acquisition, use, or disclosure of trade secrets.
Use of non-disclosure agreements (NDAs) is common to safeguard confidential information.
The law defines trade secrets broadly as any information that is secret, has commercial value, and is subject to reasonable steps to keep it confidential.
3. Enforcement
Civil remedies include:
Injunctions to stop misuse or disclosure.
Compensation for damages caused by trade secret violations.
Criminal penalties can apply in cases of theft, breach of confidentiality, or unfair competition.
Enforcement is carried out through the courts and administrative authorities.
4. International Treaties
Cambodia is a member of:
WTO and abides by the TRIPS Agreement.
Paris Convention for the Protection of Industrial Property.
Other WIPO-administered treaties.
Summary Table
| Aspect | Details |
|---|---|
| Governing Law | Law on Marks, Trade Names and Acts of Unfair Competition (2002, amended 2019) |
| Specific Trade Secret Law | No separate statute, covered under unfair competition law |
| Protection Mechanism | Contracts, NDAs, unfair competition provisions |
| Enforcement | Civil injunctions, damages, possible criminal sanctions |
| International Treaties | WTO/TRIPS, Paris Convention |
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