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Legislative Implementation of Flexibilities - Cambodia

Title:Articles 133 and 134 of the Law on Patents, Utility Models and Industrial Designs of 22/01/2003
Field of IP:Patents
Type of flexibility:Criminal sanctions for patent infringement
Summary table:PDF

Provisions of Law

Article 133.-

Any person who knowingly performs an act which constitutes an infringement as defined in Article 125 of this Law hereof shall be guilty of an offence punishable by a fine from five million (5,000,000) Riels to twenty million (20,000,000) Riels or by imprisonment from one (1) year to five (5) years, or by both. The maximum penalty for a repeated offense committed within five (5) years from the date of previous conviction, shall be doubled in both of fine and imprisonment.

Article 134.-

Where a person is found guilty of an offense under this Law, the competent Court may order the seizure of which is deemed as state asset and destruction of the infringing good and of any materials and implement the predominant use of which has been in the commission of the crime.