* 07/16/96 Current Situation of Traditional Knowledge and its protection under Intellectual Property Contexts in Cambodia (Report of Cambodia) Penn Sovicheat Deputy Director of IPD, Ministry of Commerce. International Seminar on Systems for the Protection of Traditional Knowledge New Delhi, April 03-05, 2002 (Co-organizing by the Ministry of Commerce and Industry, India and UNCTAD) *

Penn/Itn' Seminar TK, New Dehli - April 3-5,2002 Current situation Sources of TK in Cambodia: Derived from the roots of India's TK - folklore expression, traditional medicine, handicraft, etc… Derived from Chinese Traditional knowledge – herbal medicine, acupuncture and coin massage techniques, etc… Derived from Islamic Traditional Knowledge – herbal medicines and religious healing techniques, energy stimulation ingredients, etc…. Indigenous and Khmer TK – traditional dances, music, theater performance, traditional healing, traditional medicines, energy stimulant ingredients, etc…. Penn/Itn' Seminar TK, New Dehli - April 3-5,2002

Penn/Itn' Seminar TK, New Dehli - April 3-5,2002 (continued) Existing practices of TK and its preservation: Habitual practice in the country side and rural areas where modern practices and medicines are not available - midwife or birth attendance, traditional healer, etc……. Co-existing in the urban areas for some specific treatment due to the preference of patients. Penn/Itn' Seminar TK, New Dehli - April 3-5,2002

Penn/Itn' Seminar TK, New Dehli - April 3-5,2002 (continued) Mostly presenting in the form of products, such as herbal wine for energy stimulation, herbal lotion for skin care, etc……. The establishment of National Research Center for Traditional Medicines under the supervision of the Ministry of Health. This center obtains some supports WHO and closely coordinates with the other international organizations to collect data and conduct research on the preservation and sustainability of traditional medicines and healer techniques. Penn/Itn' Seminar TK, New Dehli - April 3-5,2002

Protection of TK in Cambodia TK is protected with the objective to preserve its existence and provide opportunity for its commercialization in order to contribute to the poverty alleviation scheme and the development of economy. In the absence of specific legislation, protection of TK is done through the enforcement of Trademark Law , regulation on copyright infringement, and Transitional legislation of UNTAC. The protection has been made to cover TK products or services,especially traditional medicines, herbal wine, herbal cosmetic, and healer services, which are registered marks or being a well-known trademark/service mark. It also covers the protection of all kinds of infringement or piracy related to folklore expression, traditional handicraft production method/process or its related works under copyright regulations. The enforcement is done by using provisional measure, border measure, and civil or criminal procedure. Penn/Itn' Seminar TK, New Dehli - April 3-5,2002

Penn/Itn' Seminar TK, New Dehli - April 3-5,2002 (continued) The access to the collection of database partially made by the National Research Center of Traditional Medicines is protected under administrative regulations which prohibit or limit the access to state archives or government database. The collective management society of copyrighted works and folklore expression which is recently established under the form of Producers & Performer Association is coordinating with the Ministry of Culture and Fine Arts to collect data of existing and available traditional dances, songs, music, handicrafts, and other forms of traditional performances. This Association is also very helpful in providing information to enforcement bodies on the violation and infringement of copyright and TK. Penn/Itn' Seminar TK, New Dehli - April 3-5,2002

Penn/Itn' Seminar TK, New Dehli - April 3-5,2002 (continued) Plants varieties protection is yet to be done in Cambodia due to the lack of laws/regulations and customary practices. Cambodia currently plans to draft the law on Plants varieties Protection by requesting technical assistance of WIPO, UNCTAD and other international organizations who are specialized in this field. This law is going to be complied with the international standard as a part of Cambodia IP laws package to be submitted to the WTO for Cambodia accession process. Penn/Itn' Seminar TK, New Dehli - April 3-5,2002

Penn/Itn' Seminar TK, New Dehli - April 3-5,2002 Objectives Upgrading the standard and quality of TK practitioners such as traditional midwife or birth attendance, traditional healer, spiritual master who still widely practices in the country side or remote areas where the modern medical care is not available. Encouraging the establishment of collective management society to promote equitable benefit sharing between TK right-holder and practitioner/ producer. Compiling of available data concerning all forms of Traditional Knowledge and its related issues, so that research / analysis can be made to promote the commercialization of this knowledge. Penn/Itn' Seminar TK, New Dehli - April 3-5,2002

Penn/Itn' Seminar TK, New Dehli - April 3-5,2002 (Continued) Having separate laws / regulations, and system on the management and protection of TK. The laws or regulations must be timely enacted to provide sufficient protection, sound commercialization, and proper preservation of this knowledge in order to encourage further creativity and innovation. Regional and international cooperation are needed for adequate protection and widely commercialization of TK on both regional and international level. Penn/Itn' Seminar TK, New Dehli - April 3-5,2002

Conclusions and suggestions Establishment of TK professional panel at national level by using appropriated model based on the recommendation of concerned international organizations such as WIPO, UNCTAD, WHO, UNESCO,… This panel is going to create national standard in order to upgrade skills, talents of local traditional knowledge practitioners and also looking forwards, if possible, to harmonize standards among the countries who have similar or identical TK. Developing guideline for accreditation of available TK on national or regional level in order to provide opportunities of wider rage of commercialization of TK so that this IP asset can be actively useful in the promotion and implementation of poverty alleviation program. Penn/Itn' Seminar TK, New Dehli - April 3-5,2002

Penn/Itn' Seminar TK, New Dehli - April 3-5,2002 (Continued) Promoting the establishment of TK collective management society that will be the focal point to provide effective management and generating better benefits from this IP asset. Developing model for the enhancement of harmonized system of TK protection that will be effectively implemented on both national and international level. Technical supports from international organizations on the drafting of laws/regulations for the protection, commercialization, preservation of TK are most needed in this initial stage. THANK YOU FOR YOUR ATTENTION. Penn/Itn' Seminar TK, New Dehli - April 3-5,2002