May 2022 – Intellectual Property Insights – The construction of the “Silk Road” in the field of patent connecting China and Cambodia

Memorandum of understanding (MOU) on the registration of patent (for patent only, utility model and industrial design, which are not objects of this filing method) between China and Cambodia provides many tactical and visible advantages compared to the other methods, for instance, through national filing system or Patent Cooperation Treaty (PCT)

 

Firstly, this method is applied for granted and valid patents, therefore, the process is validation of patents rather than the procedure to assess the patentability with full stages (filing application, formality examination, publication, substantive examination, final decision). This filing method is limited only into two main parts: (1) formality examination only, and (2) the acceptance of granting certificate depending on the Chinese patent.

 

Secondly, the time of procedure is running fast, it will take at least six (06) months from the filing to the completion. Six (06) months in comparison with two (02) years and more of PCT method, the gap between them is considerable.

 

The cost of two approaches is nearly the same, integrating with the above-mentioned reasons, which leads to the increasing tendency in filing patents through MOU method.

 

Notably, there is some information regarding the deadline, required documents, namely:

 

  • The Applicant can submit the request at any time before the expiry date of granted Patent in China;
  • Required documents:
    • Notarized Power of Attorney;
    • Certified copy of Chinese Patent;
    • Certified copy of Chinese Specification with Drawings;
    • English and Khmer translation of the patent documents;
    • Information sheet (including required information: Name and address of Applicant(s)/Inventor(s); Number and filing date of Chinese Application; …).

 

June 2022 – Intellectual Property Insights – Pharmaceutical products are excluded from patent protection in Cambodia

 

Under the Law on Patents in force in Cambodia, pharmaceutical products are excluded from patent protection [Article 4(iv) and Article 136 of the amended Law on Patents (Royal Kram Nº NS/RKM/1117/016)].

 

Article 136.- The pharmaceutical products mentioned in the Article 4 of this Law shall be excluded from patent protection until January 01, 2016, according to the Declaration on Agreement on Trade-Related Aspects of Intellectual Property Rights and Public Health of the Ministerial Conference of World Trade Organization dated November 14, 2001 in Doha of Qatar.

 

Furthermore, Cambodia currently benefits from the World Trade Organization waiver allowing Least Developed Countries (LDCs) to avoid granting and enforcing IP rights on pharmaceutical products until 2033.

 

This waiver would also apply to European, Singapore and Chinese patents providing protection for pharmaceutical products, for which validation is sought in Cambodia.

 

Under the Law on Management of Pharmaceutical promulgated by Kram No. ChS/RKM/0696/02 dated on June 17, 1996 and amendment adopted by the National Assembly of the Kingdom of Cambodia on November 8, 2007, a pharmaceutical is one or many kinds of substances which are primarily from chemicals, bio-products, microbes, plants combined in order to use in the prevention or treatment of human or animal diseases, or to use in the medical or pharmaceutical research or diagnosis, or change or support the functioning of the organs.

 

Accordingly, the following products shall be considered as pharmaceutical products and excluded from protection in Cambodia:

 

  • serum and vaccines,
  • blood or blood products,
  • traditional medicines,
  • products that are composed of poisonous substances, which are included in a list determined by Sub-Decree.

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