Cambodia has passed a law to access to “Berne Convention for the Protection of Literary and Artistic Works” (hereinafter referred as “Berne Convention”, an important international convention regarding copyright and neighbouring right), and has empowered the government to take measures to enforce the law. Thus, Cambodia will be the latest member of “Berne Convention”.
The most anticipated change from the accession to the “Berne Convention” is that for foreign works (both newly created and those still protected by copyright in the country of origin) will automatically be protected in Cambodia. This will enable foreign copyright owners to protect their rights in Cambodia in a more efficient and powerful way, also, this will be an important step forward for Cambodia’s protection of intellectual property.
Cambodia is expected to complete the procedure of accession to the “Berne Convention” prior to a meeting of the Coordinating Committee (an important policy and decision-making body, which Cambodia is trying to enter) of WIPO in September 2020. The convention will come into effect in Cambodia within 3 months after release of the notification of accession by the Director-General of WIPO.
As per the announcement of the Department of Copyright and Neighbouring Right of Cambodian Ministry of Culture, Cambodia will withdraw from the jurisdiction of the International Court of Justice according to Article 33 of “Berne Convention”, also, Cambodia will provide developing countries or regions with special articles by taking full advantage of article 2 and article 3 in annex of “Berne Convention”, these provisions provide compulsory licenses to translation and reproduction of works for non-commercially educational purposes.
Although the official announcement has not been published, Cambodia may introduce the latest provisions of legislation or regulations in due course to bring its copyright laws into line with provisions of the “Bern Convention”.