Sovath Phin

Practice Areas

Regulatory and Compliance, Corporate, Mergers & Acquisitions, Competition and Consumer Protection, Public Policy and Laws, Intellectual Property, Technology and Data Privacy, Oil & Gas, Alternative Dispute Resolutions.

Career

• 2024 – Present Founding Partner, SDS & PARTNERS

• 2009 – Present Adjunct Professor, Faculty of Law and Public Affairs, Paññasastra University of Cambodia (PUC).

• 2023 – Present Adjunct Professor, National University of Management (NUM).

• 2023 – Present Adjunct Professor, Royal University of Law and Economics (RULE).

Professional Memberships

• 2021– Present Member of Scientific Committee of the IP & Innovation Researchers of Asia (IPIRA) Network.

• 2018 – Present Member, International Bar Association.

• 2016 – 2019: Vice-Chairman of Executive Board of National Commercial Arbitration Centre (NCAC).

• 2016 – Present Member and Counselor of Asian Patent Attorneys Association (APAA).

• 2015 – Present Member of ASEAN Intellectual Property Association (ASEAN IPA).

• 2015 – Present Member of Intellectual Property Association of Cambodia (IPAC).

• 2015 – Present Fellow, Singapore Institute of Arbitrators (SIArb).

• 2012 – Present Member, National Commercial Arbitration Centre (NCAC).

• 2009 – Present Member, Cambodian Society of Comparative Law (CSCL).

Publications

• Phin Sovath, Domestic Exhaustion of Patent Rights: A Theoretical and Practical Analysis, 2010 Cambodian Society of Comparative Law Yearbook 99.

• Phin Sovath, Economic Law: Intellectual Property Rights, in INTRODUCTION TO CAMBODIAN LAWS (Jörg Menzel et al., ed. 2011).

• Bun Youdy & Phin Sovath, Introductory Guide to Commercial Arbitration in Cambodia (Bun & Associates, 2014).

• Phin Sovath, Sim Sokheng and Giulio C. Zanetti, Trademark System in Cambodia, in INTERNATIONAL INTELLECTUAL PROPERTY AND THE ASEAN WAY: PATHWAY TO INTEROPERABILITY (Elizabeth Siew-Kuan Ng and Graeme W. Austin, eds., Cambridge University Press, 2017).

• Phin Sovath, A Contextual Framework for Designing and Implementing Laws and Policies to Promote Access to Medicines in Cambodia, in WIPO-WTO Colloquium Papers 2015 (Karla Brepsant, ed., WIPO and WTO, 2017).

• Kong Phallack and Phin Sovath, International Exchange Program(S) For Legal　Education at the Faculty Of Law And Public　Affairs Of Paññāsāstra University Of Cambodia, in CHALLENGES IN STUDYING LAW ABROAD IN THE ASIAN REGION (KEIGLAD 2018).

• Phin Sovath, ASEAN Intellectual Property Harmonization: Recent Developments and Future Direction, 47 Patents & Licensing 20 (IP·L Communications 2018).

• Phin Sovath, the Protection of Private Ownership Under Cambodian Constitution: Intersection of Trademark and Constitutional Law, in PERSPECTIVES ON CAMBODIAN CONSTITUTIONAL LAW (Hor Peng et al., ed., National University of Management 2020).

• Phin Sovath, Privacy and Data Protection in the Digital Age: A Holistic Approach to Privacy and Data Protection in Cambodia, in LAW IN DIGITAL AGE: PROTECTION OF CONSUMER RIGHTS THEORY AND PRACTICE (Kong Phallack and Chanbormey ed., KAS 2021).

• Phin Sovath, ‘Cambodia’ In International Encyclopedia of Laws: Intellectual Property (ed. Hendrik Vanhees. Alphen aan den Rijn, NL: Kluwer Law International, 2022).

• Tenni, B., Lexchin, J., Phin, S., Kittitrakul, C., Gleeson, D. (2023). Lessons from India and Thailand for Cambodia's Future Implementation of the TRIPS Agreement for Pharmaceutical Patents. The Journal of World Intellectual Property, 1– 29.

• Tenni B, Lexchin J, Phin S, Gleeson D., Cambodia’s Imminent Graduation from Least Developed Country Status: What Will be the Impact of the TRIPS Agreement on Access to HIV and Hepatitis C Medicines in Cambodia? International Journal of Social Determinants of Health and Health Services (2024).

• Phin Sovath and Un Sinath, Introductory Guide: Cambodian Competition Law: Promoting Fair and Competitive Markets (SDS & PARTNERS, 2024).

• Phin Sovath and Un Sinath, Insight: Navigating Personal Data and Privacy Protection (SDS & PARTNERS, 2024).

Languages Spoken

English and Khmer

Work Highlights

Sovath’s key past experiences

Advised a leading general education school on the transfer of its multi-million-dollar business assets to a Singapore-based buyer.

Advised a Japanese multinational financial services institution on the acquisition of minority shares in one of the largest commercial banks in Cambodia.

Advised a single selling shareholder on the sale of its entire shareholding in a Malaysian-owned commercial bank in Cambodia.

Advised a Japanese buyer on the acquisition of a controlling stake in a leading microfinance institution in Cambodia at the first stage and completing the full buyout in the second stage.

Advised a large Cambodian conglomerate on its joint venture project with a major Thai cement producer regarding the establishment of a cement factory in Cambodia.

Assisted a leading petroleum and gasoline company in assessing counterfeiting evidence and scale, and provided practical advice on strategic actions against trademark infringement and counterfeiting in Cambodia.

Assisted the Department of Intellectual Property of the Ministry of Commerce of Cambodia in preparing and drafting two important regulations for the implementation of the Trademark Law and other Intellectual Property Laws: a Prakas on Recordal of Trademark License and Franchise Agreement, and a Sub-Decree on Administrative Enforcement of Intellectual Property Rights.

Advised a Chinese company specializing in the production of children’s smartwatches on issues related to children’s data protection and data security measures to comply with Cambodian laws and regulations.

Advised the Consumer Protection Competition and Fraud Repression Directorate-General (CCF) of the Ministry of Commerce in projects funded by GIZ, including (1) drafting a regulation (Prakas) on the Selection Procedure for the Non-Governmental Members of the Cambodia Competition Commission (CCC), (2) developing key component studies for an effective business combinations control framework for Cambodia’s situation, and (3) drafting the Internal Rules of the Cambodia Competition Commission (CCC).

Acted as a National Legal Advisor on Competition Law in a project funded by the Asian Development Bank for the Ministry of Commerce.

Acted as counsel for a leading Cambodian company, a subsidiary of a Swiss conglomerate, in a case involving a dispute related to the supply of products for cool room installation, with the dispute subject to arbitration administered by the National Commercial Arbitration Centre (NCAC).

Acted as counsel for a Cambodian entity in a case involving a dispute subject to arbitration in Cambodia against a Singapore-based distributor company concerning non-payment in a sales and export agreement with a Cambodian fragrance rice company.

Acted as counsel for a subsidiary of a Chinese group of companies in a case involving a dispute related to the sale and purchase of immovable property in Cambodia, subject to arbitration administered by the National Commercial Arbitration Centre (NCAC), involving several million US dollars.

Acted as counsel for a client in an arbitration proceeding at the National Commercial Arbitration Centre (NCAC) regarding a dispute related to a public infrastructure project.

Acted as a consultant for various international organizations, such as FAO, UNDP, JICA and GIZ in preparing draft policies and laws in diverse areas including food safety, public health, water supply, sewage and assessment of Cambodia’s trade commitments in WTO and ASEAN.

Experience

Dr. Sovath is a distinguished legal professional with a wealth of experience and expertise. His legal practice spans various domains, reflecting his versatility and depth of understanding. His areas of expertise include Intellectual Property (IP), Competition/Antitrust Law, Corporate and Mergers and Acquisitions (M&A), Data Protection, Public Policy and Law, Oil & Gas and Commercial Arbitration Resolutions. Beyond his legal practice, Sovath has contributed significantly to legislative drafting. He has worked closely with government ministries in projects funded by international organizations covering several important sectors including intellectual property, public health and compulsory licensing, competition, food safety, antimicrobial resistance, petroleum and petroleum products, pharmaceuticals, water supply and sewerage system. His intellectual property practice covers both contentious and transactional issues, including patent, trademark, and copyright prosecution, licensing and commercialization, infringement, and enforcement. As an Adjunct Professor at several leading Cambodian universities, Dr. Sovath is also deeply committed to legal education.

Dr. Sovath is admitted to the Bar Association of Cambodia and is one of the first selected commercial arbitrators in Cambodia who has become a member of the National Commercial Arbitration Centre (NCAC). Furthermore, he is a fellow of the Singapore Institute of Arbitration (SIArb) and accredited as a mediator by the London-based, Centre for Effective Dispute Resolution. Dr. Sovath is also a qualified Trademark Agent in Cambodia.

Education

Awards