PHIN SOVATH

Founding Partner

EXPERTISE

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

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.

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. Sovath is also a qualified Trademark Agent in Cambodia.

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.

 

Academic

  • Master of Laws (Comparative Law) (2006), Nagoya University Graduate School of Law, Japan.
  • Doctor of Laws (Comparative Law) (2009), Nagoya University Graduate School of Law, Japan.

 

Membership

  • Member of the Bar Association of the Kingdom of Cambodia.
  • Member of the Scientific Committee of the IP & Innovation Researchers of Asia (IPIRA) Network.
  • Member, International Bar Association.
  • Member and Counselor of the Asian Patent Attorneys Association (APAA).
  • Member of ASEAN Intellectual Property Association (ASEAN IPA).
  • Member of the Intellectual Property Association of Cambodia (IPAC).
  • Fellow, Singapore Institute of Arbitrators (SIArb).
  • Member, National Commercial Arbitration Centre (NCAC).
  • Member, Cambodian Society of Comparative Law (CSCL).

 

Language

Khmer, English, Japanese (basic)

Award & Recognition