New opportunity for protection of China Patent in Cambodia

Further to the agreement signed with the Intellectual Property Office of Singapore (IPOS) that allows the owners of granted Singaporean patents to re-register their patent in Cambodia, the Ministry of Industry and Handicraft (MIH) has made another effort in Biletaral Intellectual Property (IP) Cooperation by signing a Memorandum of Understanding with the State IP Office of China (SIPO) on September 21, 2017. This MOU shall come into effect on April 1st, 2018; accordingly, MIH will recognize patents granted at SIPO.

Apparently, all China patents may be accepted for re-registration in Cambodia if the following requirements are met:

 – The China patents must be in force at the time of lodgement of re-registration  request.

 – The China patents must have a filing date on or after 22 January 2003 on which the Law on Patent in Cambodia was enacted;

 – The China patents must meet the Cambodian requirements for patentability, e.g. Cambodia will not re-register pharmaceutical patents until the flexibilities accorded under the Agreement on Trade-Related Aspects of Intellectual Property Rights (TRIPS) have expired; and all documents including specifications must be translated into Khmer language, etc.

The applicants whose China patents meet the above requirements and wish to ultilize the terms under this MOU to shorten the examination time of patent in Cambodia, should wait until April 01, 2018. In the meantime, the following documents should be prepared well in advance to support the re-registration of patent in Cambodia:

(i)            Specification in Khmer;

(ii)           The original Notarized Power of Attorney;

(iii)          The original Notarized Deed of Assignment; and

(iv)         Granted/ Certified true copy of China Patent.

Time frame: the patent examination result under the MOU is expected within six (06) to nine (09) months as from re-filing date of patent in Cambodia.

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