Background
Funded by Global Affairs Canada, the Expert Deployment Mechanism for Trade and Development (EDM) provides technical assistance to Official Development Assistance (ODA)-eligible countries to maximize the development impacts of trade and investment. Over seven years (2018-2025), EDM will invest CAD 16.5 million to support Canada's developing country trading partners to negotiate, implement, benefit from, and adapt to trade and investment agreements with Canada.
EDM is a demand-driven project that will benefit potential partners—including governments, local private sector groups, and local civil society organizations—through capacity building and technical advisory support on policy reform issues that have the potential to reduce poverty and gender inequalities and support progress in trade and investment agreement negotiations.
The ASEAN regional economic integration project has been a remarkable success, advancing slowly but steadily towards a common market and full enjoyment of the four economic freedoms (the free movement of goods, services, labour, and capital) by the region's 650 million people. The evidence of this success is ASEAN's impressive economic growth, which has outperformed the global economy over the past two decades.
Trade liberalization has made an important contribution to ASEAN's economic development. ASEAN has pursued an active program of trade negotiations with external trading partners, which has, to date, yielded 13 bilateral or plurilateral trade agreements. ASEAN Member States have also concluded over 80 bilateral trade agreements.
ASEAN is currently engaged in trade negotiations with Canada and, in that context, the EDM has provided expert assistance to deepen Member States' understanding of negotiating issues, build consensus negotiating positions among the members and strengthen their capacity to implement the obligations of an eventual agreement.
As part of the agreement, Canada seeks robust disciplines on the protection of intellectual property rights. Some of the provisions expected to be included in the eventual agreement would require an amendment to existing law and regulations. The ASEAN Secretariat has requested expert assistance for Cambodian intellectual property officials to align IP laws and regulations with international trends and possible outcomes in the negotiation with Canada.
List of Possible Provisions Requiring Amendments to Cambodian IP Law and Regulations
- Electronic Trademarks System
- Types of Signs Registrable as Trademarks with respect to Sound Marks
- Protection of New Varieties of Plants
- Graphic User Interface
- Patentable Subject Matters
- Protection of Undisclosed Test or Other Data for Pharmaceutical Products
- Protection of Undisclosed Test or Other Data for New Agricultural Chemical Products
- WIPO Marrakesh, Copyright (WCT) and Performances and Phonograms (WPPT) Treaties
- Protection of Technical Measures
- Protection of Rights Management Information
- Liability of Intermediary Services Providers
- General Obligation (enforcement)
- Trade secrets
- Enforcement (not further specified at this time)
Bidders may find it useful to examine the provisions in recent Canadian trade agreements, including the Canada-United States-Mexico Agreement (CUSMA) and the Comprehensive and Progressive Agreement for Trans-Pacific Partnership (CPTPP), and existing Cambodian IP laws and regulations to evaluate the scope and scale of the technical assistance required.
Linkage to EDM Performance Measurement Framework
This assistance is consistent with the EDM Performance Management Framework, Immediate Outcome 1100: Enhanced ability of partner country MDAs to engage in exploratory discussions and negotiate sustainable and inclusive trade and investment agreements.
The assistance also aligns with the EDM Country Needs Assessment Plan for ASEAN, Mandate 1: Strengthening ASEAN Readiness for Trade Negotiations with Canada and Implementation of a Potential Agreement.
Description of Technical Assistance Request/Key Responsibilities
- Design and deliver a series of training workshops for Cambodian intellectual property officials on the amendment of laws and regulations necessary to come into conformity with the provisions in international trade agreements, with particular attention to recent Canadian trade agreements.
- The technical expert will also be responsible for the logistics of organizing the training workshops.
- Mentor Cambodian intellectual property officials in the process of drafting new and amended provisions in intellectual property laws and regulations.
The training workshops, supporting written materials, and mentorship will be delivered in Khmer. EDM will fund translation and simultaneous interpretation services if required.
Gender Equality and Social Inclusion
Consistent with Canada's inclusive trade approach, the EDM promotes gender equality and social inclusion as cross-cutting objectives of all technical assistance. Proposals should explain how these objectives will be integrated into the planning/approach, content, and conduct of the training workshops and mentorship.
Beneficiaries
The direct beneficiaries of this technical assistance will be Cambodian government officials responsible for developing intellectual property policy. Indirectly, the assistance will result in better trade and intellectual property outcomes for Cambodian businesses, increasing sustainable trade, prosperity, and poverty reduction.
Expected Outcomes
The immediate outcome of the technical assistance is expected to be increased knowledge of intellectual property provisions in trade agreements among Cambodian officials. In the medium term, the assistance is expected to support the establishment of new laws and regulations in Cambodia, as well as to contribute to the successful conclusion of the ASEAN-Canada FTA negotiations.
Technical Expert Profile/Expertise Required
- Expert knowledge and extensive experience in the drafting of intellectual property laws and regulations.
- Intellectual property provisions in international trade agreements.
- The design and delivery of training on intellectual property issues.
- The design and delivery of trade technical assistance to developing countries.
- The impact of intellectual property law and regulation on gender equality/social inclusion and environmental sustainability.
Note: The EDM includes a core focus on gender and social inclusion as well as on environmental issues associated with trade activities. Successful applicants must research and integrate specific good and emerging practices in this area, partnering with other expert consultants if necessary. Any prior experience providing TA on gender equality, social inclusion, and the environment will be considered a strong asset.
Before starting activities, the successful Consultant(s) will be required to complete the Government of Canada's online Gender-Based Analysis Plus (GBA+) training (approximately 2 hours).