INFORMATION SESSION ON GEOGRAPHICAL INDICATIONS Practices Related to

INFORMATION SESSION ON GEOGRAPHICAL INDICATIONS “Practices Related to the Different National and Regional Geographical Indication Protection Systems ” Prepared by Lao Reasey Deputy Director of Department of Intellectual Property, Ministry of Commerce Geneva , March 28, 2017 2

Content 1. General information about GI in Cambodia 2. Registration and protection process in national and foreign 2. 1. Five pillars for GI registration 2. 2. Development and implementation of control and traceability system 2. 3. Registration of GI product at the Ministry of Commerce 2. 4. Registration and protection process of Kampot pepper in EU 3. Conclusion 3

1. General information about GI in Cambodia • Law on “Geographical Indications” promulgated on 20 th January 2014 (There are 17 chapters and 41 articles) • Ministerial Regulation on Implementation of GI Law “ GI Regulation” on 29 December 2016 • Final draft Sub-decree on “GI Board” • Two GI products such as “Kampot pepper” and “Kampong Speu palm sugar” have been registered by the Ministry of Commerce since 02 nd April 2010 as GI product in Cambodia • Kampot pepper and Kampong Speu palm sugar is registered in Vietnam on 28 December 2016 • Kampot pepper and Kampong Speu palm sugar is registered in Thailand on 17 March 2017 • Kampot pepper has been registered as GI product in Europe (18 Feb 2016) with support of ECAP III Project • Kampong Speu palm sugar is on the process of registration in Europe with support of FAO-AFD regional project 4

Celebrating the EU Registration of the Geographical Indication for Kampot pepper (1 st November 2016) - Kampot pepper EU PGI award ceremony - Awards to Cambodia Asia GI Ambassadors - Demonstration cuisine with Cambodian and European GI products 5

Remark: - Date of Submission: 06 October 2014 - Date of Publication: 13 -08 -2015 - Date of Registration: 18 -02 -2016 6

Celebrating the EU Registration of the Geographical Indication for Kampot pepper (1 st November 2016) 7

Celebrating DIP-Thailand Registration of the Geographical Indication for Kampot pepper & Kampong Speu Palm Sugar 8

2. Registration and protection process 2. 1. Five pillars for GI registration and protection A BOOK of SPECIFICATION which describe the good and the production methods. The GI name shall be used only for goods produced in compliance with these specifications A "GI ORGANIZATION", generally an inter-professional organization which bring together producers, operators and traders of the product GEOGRAPHICAL INDICATION PRODUCT A CONTROL and TRACEABILITY system which guarantee that all the goods sold with the GI names have been produced within the delimited area and according to the Book of Specifications A DELIMITATION of the production area. The GI name shall be used only by producers and operators within the delimated area A PROVEN LINK between the specificity of the good and its origin, based on natural, geographical, historical or human factors. 9

2. Registration and protection process 2. 2. Development and implementation of control and traceability system • • • Book of matter accounting Development and implementation of control system Auto-control, internal control and external control 10

4. Supervision of the control by public bodies CA Certification body 3. External control Responsible of the certification GI Association Responsible of the certified product Stakeholders (Producers, Processors, Exporters…) 2. Internal control 1. Auto-controls 11

2. Registration and protection process 2. 3. Registration of GI product at the Ministry of Commerce • Registration application form • Book of Specification of “Kampot pepper” • Map of Geographical Area of Kampot pepper • Book of matter accounting of Kampot pepper • Report of internal inspection and control plan • Catalogue of sanction • . . . etc. 12

2. 4. Registration and protection process of Kampot pepper in EU 13

2. 4. Registration and protection process of Kampot pepper in EU - Mr. Aitor Pomares Caballero, EU GI expert to Cambodia from 21 to 26 July 2014 were to meet and discuss with DIP Management level about existing GI rules and procedures for registration of Kampot Pepper and also about the current situation of Kampot Pepper in particular the production chain as stated in Book of Specification such as internal and external control, logo, packaging. ect. - Mr. Aitor Pomares Caballero also had a field visit and directly met with KPPA Executive Committee, Board Director and producers. 14

2. 4. Registration and protection process of Kampot pepper in EU Upon the field visit and discussion, Mr. Aitor Pomares Caballero had conclude the following things: A. After carefully check all the relevant documents and field visit, Kampot Pepper has the potential and feasibility to be registered as PGI in EU. B. After looking carefully on the Book of Specification of Kampot Pepper, there a lot of evidences proved the link of Kampot Pepper with the environment, geographical, human and natural factors. These factors play very vital role in achieving the registration as PGI or PDO. C. Mr. Aitor Pomares Caballero will draft new Book of Specification in comply with the EU rules and regulations and any other technical detail with DIP. After these things being done, Mr. Aitor Pomares Caballero will prepare the application for GI in EU. 15

Bilateral cooperation q Sign Mo. U between the Royal Government of Cambodia and Government of Lao PDR in the field of Trademark and Geographical Indications: 07 September 2016 q Sign Action Plan between two offices (Implementation of Mo. U): 26 October 2016 The purposes are: Registration, Administration and Protection of Trademarks and GIs - Both parties have agreed to mutually facilitate the registration process of Cambodia or Lao GIs applications in compliance with the national GI provisions as long as GIs were registered in any of both countries of origin. 16

-Regular exchange of knowledge and experience regarding policy implementation for trademarks and GIs in Cambodia and Lao PDR; -Exchange on methodological documents, technical information and experiences concerning the recognition and registration of trademarks and GIs in both countries. Encouraging the exchange of views by experts in the fields and administration concerned with the registration of GIs and including through the reflection on the possible harmonization of required documents and information for the registration/administration systems in both countries; -Exchange of info about the methods for validating, controlling and certifying GI products and encourage the development of a network of resource persons in the relevant fields between both countries; -Exchange info on enforcement of trademarks and GIs in each country such as good practices and, in particular, the possible reporting of infringements of trademarks and GIs from one Party to the other Party’s territory; 17

18

19

20

21

22

23

3. Conclusion • Mobilization of all stakeholders for establishment of GI association and then, registration of GI at the Ministry of Commerce (Mo. C) of Cambodia • GI développement has a positive effect on the economic development of the region – Raise awareness of the value of the product – Favourable influence on the identity and image of the territory (link to tourism) – Helps the structuration of the commodity chain (GI organizations are often interprofessional organizations) – Helps to enhance the quality of the product • Protection of registered GIs 24

25