A new development for protection of patent in Cambodia

The Intellectual Property Office of Singapore (IPOS) and Cambodia’s Ministry of Industry and Handicraft (MIH) signed a Memorandum of Understanding (MoU) enhancing the ties between two countries in terms of Intellectual Property protection on 2015. Most notably, according to the MoU, MIH recognize patents granted and industrial designs registered by IPOS as well as patent search and examination reports from IPOS. It is a fantastic chance for obtaining protection of patent in Cambodia under a streamlined registration process.

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Background

How many patents have been granted in Cambodia before the MOU?

Cambodia has become a member of World Intellectual Property Organization (WIPO) in July 1995 as well as Paris Convention for protection of industrial property in September 1998 but the number of Patent Application filed in Cambodia is shortage.

Below is a chart shows the number applications of Utility model and patent in Cambodia in the last five years:

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The number of Utility model & Patent application in Cambodia from 2010 to 2015

 

According to a statistics, from 2010 to 2015 have not yet Patent is filed by Cambodian Inventor that most of applicants are foreigners.

Under Cambodia Law on Patents, Utility Model Certificates and Industrial Designs, time of patent examination is 32 months from the filing date. However, due to many barriers, until 2014, no patent was granted in Cambodia.

After the MoU was signed, the first Singapore patent was granted protection and recognized in Cambodia on 4 March 2015, which marks a new development for protection of patent in Cambodia.

New Development for patent in Cambodia

The Benefits of the MOU

MoU is big opportunities for inventor, investor, economy especially protection and commercial exploitation of intellectual property and the development of technology and science in Cambodia.

According to Article 3.1.f of MoU, MIH will recognize patent granted at IPOS. It means that Singapore patent is recognized at MHI without substance examination.

Moreover, it for considering the value and importance of Industrial Product for the development of the economy and for exchanging technology. Further also to promote, improve and strength industrial property system for providing effective response by introduction of new technologies.

The MoU will promote the inventors or investors in Cambodia or worldwide boldly filing patent protection in Cambodia. The Intellectual Property right is protected will strengthen the confidence of enterprise when conducting commercialization of industrial property rights in Cambodia.

Achievement First

Less than two months after the signing date of MoU, the first Singapore patent was granted protection and recognized in Cambodia on 4 March 2015. The landmark application was based on a positive report by IPOS’ Search & Examination Unit and also marked Cambodia’s first-ever granted patent.

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The recognition of the first Singapore patent formally took place in Phnom Penh through an exchange of the Singapore application form and Cambodia patent certificate between Senior Minister of MIH, Mr Cham Prasidh, and Chief Executive of IPOS, Mr Tan Yih San.

The MoU with Singapore will contribute to the development of Industrial Property to Cambodia as well as facilitate companies from Cambodia by providing a simple process in registration of the Industrial Property.

MIH has allowed to receive re-registration request for Singapore patent since this month. Patent will be issued after regulation is signed officially (expected time is at the end of this month). Cost estimate to file the re-registration is the same as to file a new application (the official fees are published on the website by IPOS, www.ipos.gov.sg).

Please note that, the Singapore patent must be in force at the time of lodgement of re-registration request and must have a filing date on or after 22 January 2003 on which the Law on Patent of Cambodia was signed. In addition the Singapore patent must meet the Cambodian requirements for patentability, e.g. Cambodia will not re-register pharmaceutical patents until the flexibilities accorded under the TRIPS Agreement have expired; and all documents including specification must be translated into Khmer…

It is a fantastic chance for obtaining protection of patent in Cambodia under a streamlined registration process.

In case you require more information or require advice on patent in Cambodia, Vietnam, Laos and Myanmar, please do not hesitate to contact us via email: ageless@ageless.vn

 January 2016
Ageless IP Attorneys and Consultants

 

 

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