An invention is protected under the Law on Patents, Utility Model Certificates and Industrial Designs dated 22 January 2003 (“Cambodia Patent Law”). The procedures for the grant of Patents and Utility Model Certificates are detailed in Cambodia Prakas (Declaration) No. 766 MIME.DIP.PRK dated 28 May 2007.
An invention is defined as “the idea of an inventor which permits in practice the solution to a specific problem in the field of technology”. The Cambodia Patent Law further clarifies that an invention may either be, or relate to, both a product and a process
A patent is a right to monopolize an invention. A would-be inventor specifies the scope of activities from which he wants to exclude others (the claims), and submits it to the Patent Office. Patent Office evaluates whether these claims depict an invention within the sense of the Patent law and whether the invention is correctly disclosed and industrially applicable (formal examination). Some patent offices will moreover examine whether the invention is new and non-obvious (substantive examination). If the application passes the examination hurdles, the Patent Office grants the applicant exclusive rights to produce and market the invention for a period of 20 years
How To Protect Your Idea - Outlook Money Publication - Patent Filing Procedur...Rahul Dev
The document provides an overview of patent filing procedures, strategies, and advantages in India. It discusses what a patent is, why patents are important especially for startups, the different types of patents, laws governing patents in India, the procedure and costs for filing a patent application in India, when it makes sense for startups to file patents, the differences between provisional and non-provisional patent applications, which territories to obtain patents in, how startups can ensure they are not infringing other patents, and advice for contacting the author.
Patent law in India is governed by the Patents Act of 1970. Patents provide the inventor a statutory right of exclusion for a limited period of time in exchange for disclosure of the invention. While some countries provide both patents and utility models, India only offers patent protection. To receive protection in multiple countries, separate patent applications must be filed in each jurisdiction, as there is no international patent valid worldwide. The patent application process in India involves filing, examination, compliance with examination reports, possible pre-grant opposition, and issuance of a letter patent if granted.
The document discusses intellectual property rights and patents. It defines intellectual property rights as exclusive rights given to creators over their creations for a limited time. The main types of intellectual property rights discussed are patents, copyright, trademarks, industrial designs, integrated circuit layout designs, geographical indications, biological diversity, plant varieties, and trade secrets. Patents protect inventions and provide exclusive rights for 20 years in exchange for public disclosure. Copyright protects original creative works like books, music, films, and computer programs. Trademarks protect brands and geographical indications protect regional origins of products.
The document discusses the process for obtaining a patent right in India. It begins by defining what a patent is - a set of exclusive rights granted by a government for a new invention for a limited period of time. It then outlines the 5 main steps to obtain a patent right in India: 1) determine the marketability of the invention, 2) conduct a worldwide patent search, 3) file a provisional patent application, 4) file a complete patent application, and 5) follow all patent deadline dates. The document emphasizes that patents only provide protection within the country they are filed in, so separate patents are needed in each country where protection is desired.
The document discusses different types of intellectual property including patents, utility models, and trademarks. It provides information on filing applications for patents and utility models, including the requirements and processes. The key points are:
1. Intellectual property includes creations of the mind like inventions, designs, marks and original works which can be protected by law.
2. Patents protect inventions and give exclusive rights for 20 years, while utility models protect innovations for 7 years with less requirements.
3. The patent application process involves filing, examination, publication, potential refusal/appeal, and registration. The utility model process is more straightforward with registration upon filing.
Patent- Relevance of patent in the fashion industry, few examples, different type of patent and national and international route of applying for the patent.
Intellectual Property Rights (IPR) : Patent & patentingJyotismita Saikia
A patent provides the owner exclusive rights to an invention for a limited period of time. There are four types of patents: utility patents, design patents, plant patents, and reissue patents. Inventions must be novel, non-obvious, and industrially applicable to be patented. Business schemes, artistic works, and inventions harmful to life cannot be patented. The patent process in India involves filing, publication, examination, opposition, and grant. While costly, patents provide benefits like protecting intellectual property and creating legal and financial assets.
A patent is a right to monopolize an invention. A would-be inventor specifies the scope of activities from which he wants to exclude others (the claims), and submits it to the Patent Office. Patent Office evaluates whether these claims depict an invention within the sense of the Patent law and whether the invention is correctly disclosed and industrially applicable (formal examination). Some patent offices will moreover examine whether the invention is new and non-obvious (substantive examination). If the application passes the examination hurdles, the Patent Office grants the applicant exclusive rights to produce and market the invention for a period of 20 years
How To Protect Your Idea - Outlook Money Publication - Patent Filing Procedur...Rahul Dev
The document provides an overview of patent filing procedures, strategies, and advantages in India. It discusses what a patent is, why patents are important especially for startups, the different types of patents, laws governing patents in India, the procedure and costs for filing a patent application in India, when it makes sense for startups to file patents, the differences between provisional and non-provisional patent applications, which territories to obtain patents in, how startups can ensure they are not infringing other patents, and advice for contacting the author.
Patent law in India is governed by the Patents Act of 1970. Patents provide the inventor a statutory right of exclusion for a limited period of time in exchange for disclosure of the invention. While some countries provide both patents and utility models, India only offers patent protection. To receive protection in multiple countries, separate patent applications must be filed in each jurisdiction, as there is no international patent valid worldwide. The patent application process in India involves filing, examination, compliance with examination reports, possible pre-grant opposition, and issuance of a letter patent if granted.
The document discusses intellectual property rights and patents. It defines intellectual property rights as exclusive rights given to creators over their creations for a limited time. The main types of intellectual property rights discussed are patents, copyright, trademarks, industrial designs, integrated circuit layout designs, geographical indications, biological diversity, plant varieties, and trade secrets. Patents protect inventions and provide exclusive rights for 20 years in exchange for public disclosure. Copyright protects original creative works like books, music, films, and computer programs. Trademarks protect brands and geographical indications protect regional origins of products.
The document discusses the process for obtaining a patent right in India. It begins by defining what a patent is - a set of exclusive rights granted by a government for a new invention for a limited period of time. It then outlines the 5 main steps to obtain a patent right in India: 1) determine the marketability of the invention, 2) conduct a worldwide patent search, 3) file a provisional patent application, 4) file a complete patent application, and 5) follow all patent deadline dates. The document emphasizes that patents only provide protection within the country they are filed in, so separate patents are needed in each country where protection is desired.
The document discusses different types of intellectual property including patents, utility models, and trademarks. It provides information on filing applications for patents and utility models, including the requirements and processes. The key points are:
1. Intellectual property includes creations of the mind like inventions, designs, marks and original works which can be protected by law.
2. Patents protect inventions and give exclusive rights for 20 years, while utility models protect innovations for 7 years with less requirements.
3. The patent application process involves filing, examination, publication, potential refusal/appeal, and registration. The utility model process is more straightforward with registration upon filing.
Patent- Relevance of patent in the fashion industry, few examples, different type of patent and national and international route of applying for the patent.
Intellectual Property Rights (IPR) : Patent & patentingJyotismita Saikia
A patent provides the owner exclusive rights to an invention for a limited period of time. There are four types of patents: utility patents, design patents, plant patents, and reissue patents. Inventions must be novel, non-obvious, and industrially applicable to be patented. Business schemes, artistic works, and inventions harmful to life cannot be patented. The patent process in India involves filing, publication, examination, opposition, and grant. While costly, patents provide benefits like protecting intellectual property and creating legal and financial assets.
This document provides an overview of patent law in India. It discusses:
- The meaning and types of patents, including product and process patents.
- Requirements for an invention to be patentable such as novelty, inventive step, and industrial application.
- Exceptions for inventions that are not patentable, including traditional knowledge, plants/animals, surgical methods, and more.
- The procedure for obtaining a patent in India, including filing, examination, opposition periods, and renewal.
- Other topics like the term of a patent, specifications, and historical perspective on patent law in India.
Want to Apply For a Patent in the USA? Patent Process OverviewPatent ServicesUSA
People who are trying to create something original and useful for the community always require a patent for their invention. It prevents others from copying or stealing the idea from an individual. Applying for a patent is often a long and complicated procedure, but Patent Services USA helps to break it into a five-step approach. In simpler terms, a patent is a type of monopoly grand given by the government to the inventor for a specific period.
It also provides exclusive rights to manufacture, sell, use, or benefit from the invention. A patent ensures that no one can steal a unique design or idea. The following section of this article illustrates the different steps involved in filing a patent. Most inventors hire patent attorneys, but it is always beneficial for inventors to have complete knowledge of protecting their unique ideas or designs.
This document provides an overview of the patent filing process in India. It begins by defining what a patent is and noting that it provides exclusive rights for 20 years. It then outlines the key steps and requirements for filing a patent application in India, including which documents are needed, who can file, where to file, and how to file. The document explains the timeline for publication, request for examination, and potential hearing. It also describes what is not patentable under Indian law and the criteria the examiner evaluates like novelty, non-obviousness, and industrial applicability. The review and response process is summarized, concluding with the potential outcomes of acceptance, rejection, or partial acceptance of claims.
This document provides an overview of patents and related intellectual property issues, with a focus on their application in the Indian pharmaceutical industry. It defines intellectual property, the major types of IP including patents, trademarks, copyrights, and geographical indications. For patents specifically, it outlines the criteria of novelty, inventiveness, industrial applicability. The benefits and problems of patents for pharmaceuticals are discussed. The document also reviews India's patent laws and system, the World Intellectual Property Organization, and special issues around patents in the pharmaceutical sector.
This document discusses intellectual property and patents in India. It provides information on:
- What intellectual property and patents are. Patents grant exclusive rights over inventions.
- Key aspects of Indian patent law and amendments over time to make it WTO compliant. Patents are now granted for 20 years and cover all fields of technology.
- Application process for patents in India, including filing requirements and examination process.
- Rights conferred on patent holders and ability to surrender or revoke patents on certain grounds.
This document provides an overview of patent law from an Indian perspective. It defines what a patent is, outlines the key benefits and requirements for obtaining a patent in India, and describes the patent application and granting process. The document also discusses what can and cannot be patented, infringement issues, and how patents can provide strategic advantages for companies.
Mr. Prem Patil prepared this document on patents under the guidance of Mrs. Swati Gupta at Apeejay Stya University in Sohna. The document discusses intellectual property rights including patents, designs, trademarks, and copyright. It defines what constitutes an invention and provides an overview of the history of patents. The stages to obtain a patent including filing, examination, grant or withdrawal are outlined. The document also discusses who benefits from patents, the rights they provide, and the importance and limitations of patent information.
The document provides information on patent filing procedures in India. It defines what a patent is - an exclusive right granted by the government to an inventor to make, use, or sell an invention. It outlines the criteria for an invention to be patentable - novelty, non-obviousness, and industrial application. It describes the different parts of a patent document and terminologies used. It explains the patent filing process in India, including publication, examination, opposition procedures, and consequences of not following timelines. The document is an overview of key concepts related to patent definitions, requirements, documentation, and application process.
Dr. Kalyan Kankanala, Senior Partner, BananaIP Counsels, delivered a class on {inset Slide title}, for National Law School of India University, Bangalore.
This document provides an overview of key concepts in Indian intellectual property law for entrepreneurs, including patents, trademarks, designs, copyright, and geographical indications. It defines these terms and outlines the application processes, eligibility criteria, fees, timelines, and enforcement mechanisms for each type of IP. Key points covered include what can be patented/trademarked, how to file applications, opposition processes, international treaties, and duration of protection. The document aims to simplify IP law concepts for easier understanding and implementation.
This document provides an overview of patent law and the patent filing process in India. It defines what a patent is, the criteria for patentability, and the key parts of a patent document. It then outlines the steps for filing a patent application in India, including publication, examination, responses to examination reports, and the opposition system. The overall summary is that a patent provides exclusive rights to an invention for a limited time, and the document explains the process and requirements for obtaining a patent in India.
Nike sued Adidas for patent infringement over Adidas' use of cushioning technology in its shoes that was similar to Nike's patented Shox technology. Nike had invested heavily in developing Shox and held 19 patents protecting it. Despite these patents, Adidas manufactured and sold shoes using a refashioned version of the Shox technology, called the a3 cushioning system. The court found that Adidas had infringed on Nike's patents by using its patented cushioning technology without permission.
The document discusses the legislative framework for intellectual property administration in India. It covers the main Acts and rules governing patents, designs, trademarks, geographical indications, and copyright. It describes the agencies responsible for administering these areas. It also provides details on the patent law framework, including eligibility criteria, exclusions from patentability, and safeguards in the law.
FILING OF PATENT AND ESSENTIAL ELEMENTS OF PATENTINGSuraj Vasista
This PowerPoint Presentation includes the aspects of patenting in India and the essential elements of patenting. It also includes the documents required for filing a patent.
This document discusses the process of patent prosecution, which involves negotiating with a patent office regarding a patent application or issued patent. Key aspects include:
- Drafting and filing an application
- Responding to office actions that examine patentability requirements and may reject or object to claims
- Potentially amending claims, adding arguments, or appealing rejections
- Developing a strategy based on the specific office action, such as conducting interviews or deciding how to structure responses
- Taking the perspective of both the examiner and potential infringers when prosecuting applications
The document discusses non-obviousness, which is a requirement for patentability. To satisfy non-obviousness, an invention must not be obvious to someone with skill in the related field. While it does not need to be a brilliant act of new genius, the combination of elements cannot be obvious and must provide a utility greater than the sum of the parts. The patent application process involves initially filing a provisional application, then a formal application which undergoes review and potential appeals before a patent is issued. The process is lengthy and obtaining a US patent can cost over $1 million due to extensive legal costs.
Understanding pharmaceutical patents and their intersection with the FDA. Insights into the patent process, from filing to issuance, with a focus on the particularities of pharmaceutical patents, for both small molecules and biologics. Learn how to structure your filings for success, and peer into the complex but valuable interaction between your patents and the FDA regulatory procedure.
The document discusses the criteria for patentability of inventions in India. The three main criteria are: 1) Novelty - the invention must be new, 2) Non-obviousness - the invention cannot be obvious to someone with knowledge in the field, and 3) Industrial application - the invention must have utility. The document provides details on each criteria, including how novelty is assessed globally and the need to maintain secrecy. Non-obviousness refers to an invention having technical advance beyond existing knowledge and/or economic significance. Industrial application requires the invention to have utility. Certain types of inventions are not patentable in India, such as perpetual motion machines or methods of medical treatment.
Laos has been a Contracting Party to the Paris Convention for the Protection of Industrial Property (Paris Convention) since October 8, 1998. It has also been a Contracting Party to the Patent Cooperation Treaty (PCT) since June 14, 2006.
Under the Paris Convention to which Laos is a member, patent applicants are entitled to a right of priority if the same filing has been made within 12 months in any other other nation that is also a member of the Paris Convention. This is extremely advantageous for patent owners since, after filing the initial application in their home country, they have a year to pick which other countries they wish to register in prior to initiating international filings.
Under the PCT to which Laos is a member, foreign businesses may obtain patents in Laos quite easily as formal examinations, searches and publications are conducted at the WIPO’s International Bureau. This mechanism allows for a longer period of ‘wait and see’ before the applicant decides which nations require a patent. Using the PCT approach, you have up to 31 months from the date of priority (see Article 6.4 of Decision No. 1714/MOST) to determine whether to file a patent application in Laos or other countries.
Patents are widely regarded as a “crutial” instrument for intellectual property (IP) rights holders seeking to establish a unique market position for their patented products. Patents grant the owner exclusive rights to market their product, license their invention to third parties to recoup investments, and prevent competitors from infringing on their patent rights. Given the huge competitive advantages that the patent brings, it is not surprising that the occurrence of patent disputes is on the rise.
This document provides an overview of patent law in India. It discusses:
- The meaning and types of patents, including product and process patents.
- Requirements for an invention to be patentable such as novelty, inventive step, and industrial application.
- Exceptions for inventions that are not patentable, including traditional knowledge, plants/animals, surgical methods, and more.
- The procedure for obtaining a patent in India, including filing, examination, opposition periods, and renewal.
- Other topics like the term of a patent, specifications, and historical perspective on patent law in India.
Want to Apply For a Patent in the USA? Patent Process OverviewPatent ServicesUSA
People who are trying to create something original and useful for the community always require a patent for their invention. It prevents others from copying or stealing the idea from an individual. Applying for a patent is often a long and complicated procedure, but Patent Services USA helps to break it into a five-step approach. In simpler terms, a patent is a type of monopoly grand given by the government to the inventor for a specific period.
It also provides exclusive rights to manufacture, sell, use, or benefit from the invention. A patent ensures that no one can steal a unique design or idea. The following section of this article illustrates the different steps involved in filing a patent. Most inventors hire patent attorneys, but it is always beneficial for inventors to have complete knowledge of protecting their unique ideas or designs.
This document provides an overview of the patent filing process in India. It begins by defining what a patent is and noting that it provides exclusive rights for 20 years. It then outlines the key steps and requirements for filing a patent application in India, including which documents are needed, who can file, where to file, and how to file. The document explains the timeline for publication, request for examination, and potential hearing. It also describes what is not patentable under Indian law and the criteria the examiner evaluates like novelty, non-obviousness, and industrial applicability. The review and response process is summarized, concluding with the potential outcomes of acceptance, rejection, or partial acceptance of claims.
This document provides an overview of patents and related intellectual property issues, with a focus on their application in the Indian pharmaceutical industry. It defines intellectual property, the major types of IP including patents, trademarks, copyrights, and geographical indications. For patents specifically, it outlines the criteria of novelty, inventiveness, industrial applicability. The benefits and problems of patents for pharmaceuticals are discussed. The document also reviews India's patent laws and system, the World Intellectual Property Organization, and special issues around patents in the pharmaceutical sector.
This document discusses intellectual property and patents in India. It provides information on:
- What intellectual property and patents are. Patents grant exclusive rights over inventions.
- Key aspects of Indian patent law and amendments over time to make it WTO compliant. Patents are now granted for 20 years and cover all fields of technology.
- Application process for patents in India, including filing requirements and examination process.
- Rights conferred on patent holders and ability to surrender or revoke patents on certain grounds.
This document provides an overview of patent law from an Indian perspective. It defines what a patent is, outlines the key benefits and requirements for obtaining a patent in India, and describes the patent application and granting process. The document also discusses what can and cannot be patented, infringement issues, and how patents can provide strategic advantages for companies.
Mr. Prem Patil prepared this document on patents under the guidance of Mrs. Swati Gupta at Apeejay Stya University in Sohna. The document discusses intellectual property rights including patents, designs, trademarks, and copyright. It defines what constitutes an invention and provides an overview of the history of patents. The stages to obtain a patent including filing, examination, grant or withdrawal are outlined. The document also discusses who benefits from patents, the rights they provide, and the importance and limitations of patent information.
The document provides information on patent filing procedures in India. It defines what a patent is - an exclusive right granted by the government to an inventor to make, use, or sell an invention. It outlines the criteria for an invention to be patentable - novelty, non-obviousness, and industrial application. It describes the different parts of a patent document and terminologies used. It explains the patent filing process in India, including publication, examination, opposition procedures, and consequences of not following timelines. The document is an overview of key concepts related to patent definitions, requirements, documentation, and application process.
Dr. Kalyan Kankanala, Senior Partner, BananaIP Counsels, delivered a class on {inset Slide title}, for National Law School of India University, Bangalore.
This document provides an overview of key concepts in Indian intellectual property law for entrepreneurs, including patents, trademarks, designs, copyright, and geographical indications. It defines these terms and outlines the application processes, eligibility criteria, fees, timelines, and enforcement mechanisms for each type of IP. Key points covered include what can be patented/trademarked, how to file applications, opposition processes, international treaties, and duration of protection. The document aims to simplify IP law concepts for easier understanding and implementation.
This document provides an overview of patent law and the patent filing process in India. It defines what a patent is, the criteria for patentability, and the key parts of a patent document. It then outlines the steps for filing a patent application in India, including publication, examination, responses to examination reports, and the opposition system. The overall summary is that a patent provides exclusive rights to an invention for a limited time, and the document explains the process and requirements for obtaining a patent in India.
Nike sued Adidas for patent infringement over Adidas' use of cushioning technology in its shoes that was similar to Nike's patented Shox technology. Nike had invested heavily in developing Shox and held 19 patents protecting it. Despite these patents, Adidas manufactured and sold shoes using a refashioned version of the Shox technology, called the a3 cushioning system. The court found that Adidas had infringed on Nike's patents by using its patented cushioning technology without permission.
The document discusses the legislative framework for intellectual property administration in India. It covers the main Acts and rules governing patents, designs, trademarks, geographical indications, and copyright. It describes the agencies responsible for administering these areas. It also provides details on the patent law framework, including eligibility criteria, exclusions from patentability, and safeguards in the law.
FILING OF PATENT AND ESSENTIAL ELEMENTS OF PATENTINGSuraj Vasista
This PowerPoint Presentation includes the aspects of patenting in India and the essential elements of patenting. It also includes the documents required for filing a patent.
This document discusses the process of patent prosecution, which involves negotiating with a patent office regarding a patent application or issued patent. Key aspects include:
- Drafting and filing an application
- Responding to office actions that examine patentability requirements and may reject or object to claims
- Potentially amending claims, adding arguments, or appealing rejections
- Developing a strategy based on the specific office action, such as conducting interviews or deciding how to structure responses
- Taking the perspective of both the examiner and potential infringers when prosecuting applications
The document discusses non-obviousness, which is a requirement for patentability. To satisfy non-obviousness, an invention must not be obvious to someone with skill in the related field. While it does not need to be a brilliant act of new genius, the combination of elements cannot be obvious and must provide a utility greater than the sum of the parts. The patent application process involves initially filing a provisional application, then a formal application which undergoes review and potential appeals before a patent is issued. The process is lengthy and obtaining a US patent can cost over $1 million due to extensive legal costs.
Understanding pharmaceutical patents and their intersection with the FDA. Insights into the patent process, from filing to issuance, with a focus on the particularities of pharmaceutical patents, for both small molecules and biologics. Learn how to structure your filings for success, and peer into the complex but valuable interaction between your patents and the FDA regulatory procedure.
The document discusses the criteria for patentability of inventions in India. The three main criteria are: 1) Novelty - the invention must be new, 2) Non-obviousness - the invention cannot be obvious to someone with knowledge in the field, and 3) Industrial application - the invention must have utility. The document provides details on each criteria, including how novelty is assessed globally and the need to maintain secrecy. Non-obviousness refers to an invention having technical advance beyond existing knowledge and/or economic significance. Industrial application requires the invention to have utility. Certain types of inventions are not patentable in India, such as perpetual motion machines or methods of medical treatment.
Laos has been a Contracting Party to the Paris Convention for the Protection of Industrial Property (Paris Convention) since October 8, 1998. It has also been a Contracting Party to the Patent Cooperation Treaty (PCT) since June 14, 2006.
Under the Paris Convention to which Laos is a member, patent applicants are entitled to a right of priority if the same filing has been made within 12 months in any other other nation that is also a member of the Paris Convention. This is extremely advantageous for patent owners since, after filing the initial application in their home country, they have a year to pick which other countries they wish to register in prior to initiating international filings.
Under the PCT to which Laos is a member, foreign businesses may obtain patents in Laos quite easily as formal examinations, searches and publications are conducted at the WIPO’s International Bureau. This mechanism allows for a longer period of ‘wait and see’ before the applicant decides which nations require a patent. Using the PCT approach, you have up to 31 months from the date of priority (see Article 6.4 of Decision No. 1714/MOST) to determine whether to file a patent application in Laos or other countries.
Patents are widely regarded as a “crutial” instrument for intellectual property (IP) rights holders seeking to establish a unique market position for their patented products. Patents grant the owner exclusive rights to market their product, license their invention to third parties to recoup investments, and prevent competitors from infringing on their patent rights. Given the huge competitive advantages that the patent brings, it is not surprising that the occurrence of patent disputes is on the rise.
Patent Registration and Protection in Myanmar .pdfKenfoxLaw
In Myanmar, patent protection is officially recognized under the Patent Law 2019. A patent is a form of intellectual property right granted to protect an invention, which is defined as any product or creation related to a production process that can solve a particular problem in a technical field, including minor inventions. Minor inventions are considered as technical creations that encompass new forms of a product, new structures of the parts of a product, or parts of a product that enhance its utility or performance.
intellectualproperty CpET Laws and Professional Practices.pptxrecoveraccount1
The document summarizes key aspects of intellectual property law in the Philippines as outlined in the Intellectual Property Code of the Philippines. It discusses the state's recognition of the importance of intellectual property for development. It also outlines the government agency responsible for implementation, major laws repealed, parts of the new law, and significant features. Finally, it provides overviews of patent, trademark, and copyright systems and processes in the country.
The document summarizes key aspects of intellectual property law in the Philippines based on the Intellectual Property Code of the Philippines. It outlines the state's policy of recognizing intellectual property as vital for development while promoting diffusion of knowledge. It also summarizes the government agency responsible for implementation, significant features of the law including changes made, and provides overviews of patent, trademark, and copyright laws.
The document provides an overview of patent law in India under the Patents Act. It discusses what constitutes a patent, the objectives of patent law, rights conferred by a patent, requirements for a patent to be granted, non-patentable inventions, process and product patents, surrender and revocation of patents, and infringement of patents. The key points are:
1) A patent provides a monopoly right over an invention for a limited period of time (usually 20 years) in exchange for public disclosure of the invention.
2) The main objectives of patent law are to encourage research and innovation, protect inventors' interests, and promote fair trade practices.
3) To be granted a patent, an invention
Frequently Asked Questions : Indian patent officeVani S
A handly guide for frequently asked questions for Indian patents issued by CGPTM. It is highly recommended for all inventors, startups, entrepreneurs to download this FAQ before filing a patent application in India.
The document discusses intellectual property (IP) policies in Jordan. It provides an overview of Jordan's IP laws covering various areas like patents, trademarks, copyrights, and more. Key points include Jordan strengthening IP laws in recent years to promote innovation and economic development. Various government entities and stakeholders in Jordan have also developed their own IP policies tailored to their missions. In 2006, Jordan established a national commission for intellectual property to further encourage IP management practices. The document then focuses on patents, defining them and outlining Jordan's patent application and granting process. It explains how patents can motivate research and development by protecting inventors and allowing further research on patented inventions.
The document provides information about patents and the patent system. It discusses what a patent is, how to obtain one, and key aspects of the patenting process. Some key points include:
- A patent provides the owner the right to exclude others from commercially using an invention for 20 years in exchange for publicly disclosing the invention.
- To be patentable, an invention must be new, non-obvious, and industrially applicable.
- The patenting process involves conducting a prior art search, filing a patent application including claims and descriptions, and undergoing examination.
- Ownership of patent rights for employee or contractor inventions can vary depending on contracts and national laws.
This document provides an overview of the patent system and how to obtain a patent. Some key points include:
- A patent provides the owner the right to exclude others from commercially using an invention for 20 years in exchange for publicly disclosing the invention.
- To be patentable, an invention must be novel, involve an inventive step, and be capable of industrial application.
- The patent application process involves conducting a prior art search, filing an application including a description of the invention and claims, and undergoing examination by the patent office.
- It is important to consider the costs of obtaining, maintaining, and enforcing a patent when deciding whether to pursue patent protection for an invention. Filing early is generally recommended.
A patent is an exclusive right granted for an invention, which is a product or a process that provides, in general, a new way of doing something, or offers a new technical solution to a problem.
To get a patent, technical information about the invention must be disclosed to the public in a patent application.
The patent is usually referred to as the right granted to an inventor for his Invention of any new, useful, non-obvious process, machine, article of manufacture, or composition of matter
This document provides information about patenting processes and requirements in India. It begins with an introduction to patents and what can be patented, including that inventions must be new, inventive, and useful. It then discusses the scope of patent protection and conditions of patentability under Indian law. Several categories of non-patentable inventions are outlined. The document concludes by describing the application process for patents in India, including required forms and fees, where to apply, and the process for granting a patent.
The document provides an overview of intellectual property laws (IPRs) relating to patents, trademarks, and copyrights in India. It discusses that IPRs grant exclusive rights over creations and innovations to encourage creativity. There are two main categories of IPRs: copyrights and related rights, and industrial property, which includes patents, trademarks, industrial designs, and undisclosed information. The objectives of IPR protection are to encourage innovation, promote fair competition, and balance rights with public access. Key aspects of patent, trademark, and copyright laws and procedures in India are summarized.
This document provides an overview of patents, including types of patents, what can and cannot be patented, and the patent process. It discusses plant patents, limitations on patent rights, and provides examples of patent infringement and expiration. The document contains information on the Indian patent system, the various patent offices and their jurisdictions, and the stages and procedures for obtaining a patent in India, from initial filing through examination and potential grant. It aims to introduce readers to the basic concepts of the patent system.
The document discusses the process of patenting an idea, including:
- Filing a provisional patent application protects an idea at an early stage of development when full details are not ready. A complete application must then be filed within 12 months with full disclosure.
- A patent protects inventions that are novel, useful and non-obvious. The best mode of carrying out the invention must be disclosed.
- International patent laws like the European Patent Convention and US laws require sufficient disclosure and description to enable reproduction without undue experimentation. Indian law also requires full description of the invention and its operation.
- An idea alone cannot be patented; it must be developed into an executable invention with experimental results before
The document discusses types of intellectual property rights (IPR) in India and patents. It outlines the main legislations covering different types of IPR in India, including patents, designs, trademarks, copyright, integrated circuits, trade secrets, geographical indications, and plant varieties. It also discusses key aspects of the patent system in India such as registration, international treaties, requirements for patents, limitations of patents, the Patents Act of 1970, patentable and non-patentable inventions, process versus product patents, and the patent filing process.
The industrial property_act_2019_mauritiuskashishworld
The Industrial Property Act 2019 has been recently passed by the Mauritius Parliament on 30th July 2019 with an objective of updating and strengthening Intellectual Property Protection in a way that is harmonized to deal with the challenges faced in the present globalized economy.
Baker & McKenzie Doing Business in Poland - Chapter 11 (Intellectual Property...Baker & McKenzie Poland
This document summarizes intellectual property law in Poland. It discusses that Polish IP law is governed by the Industrial Property Law and the Act on Copyright and Related Rights. It protects inventions, utility models, industrial designs, trademarks, geographical indications, and integrated circuits. The document provides details on patents, utility models, industrial designs, and trademarks - the requirements, rights conferred, application process and duration of protection for each. It also mentions that some IP rights can be protected at the EU level through the European Union Intellectual Property Office in Spain.
Intellectual Property Rights in the UAE Copyrights, Trademarks & Patents.pdfDr. Hassan Elhais
Intellectual Property Rights (IPR) serve as a cornerstone in the protection of creative expressions, technological advancements, and unique brands, fostering innovation and economic growth. In the United Arab Emirates (UAE), the legal framework for IPR encompasses Copyrights, Trademarks, and Patents, each playing a crucial role in safeguarding the rights of creators, inventors, and businesses. This article explores the key aspects of Copyrights, Trademarks, and Patents in the UAE, highlighting the importance of these protections and the mechanisms in place for their registration, enforcement, and penalties for violations.
Patenting is Prestigious –
I did it!
And I was first!
Develop reputation in the market
Easy Publication – no editors.
Promotion of Research & Development
Revenue through licensing/assignment/commercialization.
Prevent competitors from copying
Similar to Cambodia - Patents and Utility Models Guide (20)
Ứng phó với cáo buộc xâm phạm sáng chế tại Việt Nam như thế nào.pdfKENFOX IP & Law Office
Khả năng bị cáo buộc xâm phạm sáng chế luôn là mối đe dọa cho các doanh nghiệp hoạt động tại Việt Nam. Việc cáo buộc thuần túy cũng có thể gây hoang mang, lo lắng cho người bị cáo buộc vi phạm, những người có thể phải đối mặt với một loạt các hậu quả tiêu cực như bị tịch thu sản phẩm, kiện cáo, bồi thường thiệt hại hay sự tấn công của truyền thông. Để giảm thiểu những rủi ro này, bên bị cáo buộc vi phạm thường áp dụng nhiều hành động khác nhau, chẳng hạn như chấp nhận cáo buộc, ký vào thư cam kết, loại bỏ các sản phẩm vi phạm hoặc đàm phán để xin giấy phép chuyển giao quyền sử dụng sáng chế. Tuy nhiên, việc vội vàng chấp nhận yêu cầu của chủ thể quyền sở hữu trí tuệ (SHTT) sau khi bị cáo buộc vi phạm có thể dẫn đến rủi ro pháp lý lớn hơn. Bất kỳ ai, dù là nguyên đơn hay bị đơn, thì quyền và lợi ích của họ đều phải được bảo vệ miễn rằng các quyền ấy là chính đáng và hợp pháp. Trong nhiều trường hợp, bị đơn hoặc cá nhân bị cáo buộc không hẳn đã là người vi phạm. Khi bị cáo buộc xâm phạm sáng chế, điều quan trọng là phải giữ bình tĩnh. Cần nhớ rằng, pháp luật về SHTT của Việt Nam trao cho chủ thể quyền sáng chế độc quyền khai thác, sử dụng sáng chế, tiến hành các hành động pháp lý chống lại các hành vi xâm phạm, nhưng không vì thế làm mất đi quyền tự bảo vệ, quyền được biện hộ của tổ chức, cá nhân bị cáo buộc. Bài viết này sẽ cung cấp một số khuyến nghị cho người bị cáo buộc xâm phạm sáng chế tại Việt Nam để họ bảo vệ lợi ích hợp pháp của mình.
As businesses continue to operate in Vietnam, the possibility of being accused of patent infringement is a looming threat. The mere accusation can cause uncertainty and worry for alleged infringers, who may face a range of negative consequences such as product seizures, lawsuits, and negative media attention. To mitigate these risks, various approaches can be taken, such as accepting the allegation, signing an undertaking letter, removing infringing products, or negotiating for a license. However, hastily accepting an IPR holder's request after an infringement accusation can result in greater legal risks. Anyone, whether a plaintiff or a defendant, should have their true rights and interests protected as long as they are just and legitimate. In many instances, the defendant or accused individual turns out to be not the perpetrator. When accused of patent infringement, it is critical to maintain your composure. Remember, Vietnam's IP law awards patent holders the exclusive right to profit and utilize inventions, to sue others for infringement, but not because of these privileges does it deprive an accused organization or individual of the right to self-defense, or the right to be defended. This article will explore the options for an alleged infringer in Vietnam and provide guidance on how to respond to such allegations while protecting their legal position.
Giám sát hải quan để bảo hộ quyền sở hữu trí tuệ tại Lào – Những điều cần biế...KENFOX IP & Law Office
Giám sát hải quan, còn được gọi là đăng ký hải quan hoặc theo dõi hải quan hoặc giám sát hải quan, là một thủ tục cho phép chủ sở hữu nhãn hiệu yêu cầu cơ quan hải quan giám sát hàng nhập khẩu mang nhãn hiệu vi phạm hoặc giả mạo được nhập khẩu vào một quốc gia. Giám sát hải quan nhằm mục đích ngăn chặn hàng giả xâm nhập thị trường và bảo vệ quyền của chủ sở hữu nhãn hiệu.
Giám sát hải quan tại Lào có thể là một công cụ hiệu quả để chủ sở hữu nhãn hiệu phát hiện và ngăn chặn việc nhập khẩu hàng hóa có chứa nhãn hiệu giả mạo. Tuy nhiên, pháp luật Lào không quy định cụ thể về việc hàng hóa “xuất khẩu” vi phạm có bị cơ quan chức năng Lào áp dụng chế tài nào hay không.
Bằng cách ghi nhận nhãn hiệu đã đăng ký với Cục Hải quan Lào, chủ sở hữu có thể cung cấp cho cơ quan hải quan thông tin về nhãn hiệu đã đăng ký của mình, giúp họ xác định và thu giữ hàng giả có dấu hiệu vi phạm nhãn hiệu.
Để đăng ký ghi nhận nhãn hiệu với Cục Hải quan Lào, chủ sở hữu nhãn hiệu phải nộp đơn đăng ký cùng với các tài liệu và lệ phí cần thiết. Đơn đăng ký phải chứa thông tin về nhãn hiệu, chẳng hạn như chủ sở hữu, số đăng ký và mô tả chi tiết về hàng hóa hoặc dịch vụ mà nhãn hiệu được sử dụng.
Customs recordal for IPR protection in Laos – What you must know .pdfKENFOX IP & Law Office
Customs recordal, also known as customs registration or customs watch or customs supervision, is a procedure that allows trademark owners to request customs authorities to monitor imports bearing infringing or counterfeit trademarks to be imported into a country. Customs recordal aims to prevent the entry of counterfeit goods into the market and protect the trademark owner’s rights.
Customs recordal in Laos can be an effective tool for trademark owners to detect and prevent the importation of trademarked counterfeit goods. However, it is not explicitly provided under the Laos laws on whether infringing goods for export are subject to any penalties imposed by the Laos authorities or not.
By recording a registered trademark with the Laos Customs Department, the owner can provide customs officials with information about his registered trademarks, enabling them to identify and seize counterfeit goods that infringe on his trademark.
Tính liên quan của hàng hóadịch vụ có ý nghĩa như thế nào đối với việc đăng k...KENFOX IP & Law Office
Bản chất của hàng hóa hoặc dịch vụ là một trong hai yếu tố tiên quyết (cùng với mẫu nhãn hiệu) trong việc xác định khả năng đăng ký của nhãn hiệu tại Việt Nam. Trước khi nộp đơn đăng ký nhãn hiệu, việc xem xét các hàng hóa hoặc dịch vụ mà nhãn hiệu được sử dụng có ý nghĩa quan trọng. Thông qua một trường hợp thực tế mà KENFOX IP & Law Office đã thành công trong việc đảo ngược thông báo từ chối đăng ký nhãn hiệu, bài viết này cung cấp cách hiểu về tính liên quan của hàng hóa/dịch vụ và tầm quan trọng của nó trong quá trình đăng ký nhãn hiệu tại Việt Nam. Các yếu tố quyết định liệu hai hàng hóa hoặc dịch vụ có được coi là liên quan với nhau hay không và cách thức áp dụng các yếu tố này trong thực tế cũng sẽ được bàn luận chi tiết..
Bối cảnh
Nhiều nhãn hiệu xin đăng ký tại Việt Nam đã bị từ chối bảo hộ do bị cho là tương tự nhau xét về nhãn hiệu và hàng hóa/dịch vụ đi kèm. Mặc dù không quá phức tạp để xác định liệu nhãn hiệu nộp sau có tương tự đến mức gây nhầm lẫn với nhãn hiệu có trước hay không, nhưng việc phân tích tính tương tự của hàng hóa/dịch vụ đi kèm với các nhãn hiệu này đòi hỏi cách đánh giá cẩn trọng. Vì vậy, các luật sư nhãn hiệu có kinh nghiệm sẽ ưu tiên chứng minh tính liên quan của hàng hóa/dịch vụ mang các nhãn hiệu được xem xét để vượt qua các từ chối tạm thời đối với nhãn hiệu xin đăng ký mà thoạt đầu nhìn có vẻ khá tương tự với nhãn hiệu có trước. Để minh họa cho điều này, vui lòng xem vụ việc liên quan đến nhãn hiệu bị Cục Sở hữu Trí tuệ (Cục SHT) từ chối với các chi tiết cụ thể dưới đây:
Giám định sở hữu trí tuệ và giải quyết tranh chấp tại Việt Nam Vai trò và số ...KENFOX IP & Law Office
Viện Khoa học Sở hữu Trí tuệ Việt Nam (Viện KHSHTT) là cơ quan nghiên cứu chuyên ngành trực thuộc Bộ Khoa học và Công nghệ Việt Nam. Một trong những nhiệm vụ quan trọng của Viện KHSHTT là cung cấp ý kiến và đánh giá chuyên môn liên quan đến các vụ việc xâm phạm quyền sở hữu công nghiệp. Đặc biệt, các ý kiến chuyên môn/giám định của Viện KHSHTT tập trung vào các đối tượng sở hữu công nghiệp như sáng chế, kiểu dáng công nghiệp, thiết kế mạch kín bán dẫn, bí mật kinh doanh, nhãn hiệ u, tên thương mại, chỉ dẫn địa lý.
Là một tổ chức nghiên cứu chuyên ngành tại Việt Nam, Viện KHSHTT cung cấp ý kiến chuyên môn, kết luận giám định cho các bên liên quan như Cơ quan thực thi pháp luật Việt Nam, chủ sở hữu quyền SHTT, và người bị cáo buộc vi phạm.
Interim guidance for handling IP-related applications under the Amended IP La...KENFOX IP & Law Office
The Amended Intellectual Property Law 2022 (“Amended IP Law 2022” or “the prevailing law”) has been in effect since 1 January 2023, offering the expected benefits of of comprehensiveness and harmonization. This Amended IP Law 2022 promises to be a helpful tool for IPR holders and practitioners, with more than 100 amended and added articles covering a wide range of IP subject matters, including inventions, designs, trademarks and copyrights. As a matter of principle, following the amendments made to a law in Vietnam, pertinent sub-law documents such as government decrees and ministerial circulars need to be amended or replaced in order to provide sufficient regulations and guidelines for the effective implementation of the promulgated amendments.
The Intellectual Property Office of Vietnam (IP VIETNAM) has issued Notice No. 1029/TB-SHTT dated 14 March 2023 in order to provide IPR holders with a clear understanding of IP-related applications and requests pending the revision and publication of relevant decrees and circulars. The Notice outlines the procedures of handling certain IP-related applications and requests following the implementation of the Amended IP Law 2022. KENFOX IP & Law Office would like to keep you informed of the key regulations outlined in IP VIETNAM's Notice 1029/TB-SHTT.
Các hướng dẫn xử lý đơn đăng ký SHCN trong giai đoạn chuyển tiếp theo Luật SH...KENFOX IP & Law Office
Đồng bộ hơn, toàn diện hơn, hệ thống hóa hơn là những ưu điểm được trông đợi và kỳ vọng khi Luật sửa đổi, bổ sung một số điều của Luật Sở hữu trí tuệ năm 2022 (“Luật SHTT sửa đổi 2022” hoặc “Luật SHTT hiện hành”) có hiệu lực từ 1/1/2023 với hơn 100 điều được sửa đổi, bổ sung trải rộng các đối tượng Sở hữu trí tuệ như sáng chế, kiểu dáng, nhãn hiệu, và quyền tác giả. Trên thực tế, sau khi sửa đổi luật ở Việt Nam, các văn bản dưới luật có liên quan như Nghị định của Chính phủ và Thông tư của các Bộ ban ngành cần phải được sửa đổi hoặc thay thế tương ứng nhằm cung cấp đầy đủ các quy định và các hướng dẫn để thực hiện hiệu quả các sửa đổi của luật.
A co-owned patent arises when two or more parties jointly create an invention and seek to obtain patent protection for it. How if an invention is created by two parties, but just one party is named as inventor and owner while the other is only named as “inventor”? Can it cause any legal consequences? What can the other inventor do in such a case if the inventor who filed the patent application does not reach an amicable agreement on a co-owned patent? In recent news, the Intellectual Property Offices of Vietnam (IP VIETNAM) have been dealing with a case regarding “the right to file a patent application” in case of co-owned patent, highlighting the importance of understanding the legal requirements for patent filing and ownership. This article will delve into the specifics of this case and how it impacts intellectual property rights in Vietnam.
Sáng chế đồng sở hữu phát sinh khi hai hoặc nhiều bên cùng nhau tạo ra một sáng chế và thực hiện các thủ tục pháp lý để bảo hộ sáng chế đó. Sẽ thế nào nếu một sáng chế được tạo ra bởi hai bên, nhưng chỉ một bên đứng tên là “tác giả sáng chế” kiêm “chủ sở hữu sáng chế”, còn bên kia chỉ đứng tên là “tác giả sáng chế”? Điều này có gây ra hậu quả pháp lý nào không? Tác giả sáng chế có thể làm gì trong trường hợp như vậy nếu tác giả sáng chế kia đã nộp đơn đăng ký bằng sáng chế mà chưa đạt được thỏa thuận về việc đồng sở hữu sáng chế? Mới đây, Cục Sở hữu trí tuệ Việt Nam (Cục SHTT) đã giải quyết một vụ việc liên quan đến “quyền nộp đơn đăng ký sáng chế” trong trường hợp đồng sở hữu sáng chế. Vụ việc nêu bật tầm quan trọng của việc nắm rõ các yêu cầu pháp lý đối với việc nộp đơn đăng ký sáng chế và quyền sở hữu sáng chế. Bài viết này sẽ đi sâu vào các chi tiết cụ thể của vụ việc và tác động của nó đến quyền sở hữu trí tuệ tại Việt Nam.
Bulletin ASPEC Programme – an avenue to expedite patent granting in Vietnam a...KENFOX IP & Law Office
The ASEAN Patent Examination Cooperation (ASPEC) program is a regional patent cooperation program in Southeast Asia that allows patent applicants to request accelerated patent examination in participating ASEAN member states (“AMS”). It aims to improve the efficiency and quality of patent examination among participating ASEAN member state's intellectual property Offices (“AMS IP Offices”) by sharing search and examination (S&E) results.
Under the ASPEC program, patent applicants can submit a request for accelerated examination of a patent application in a participating AMS IP Office (“second IP Office”) based on a S&E reports issued by another participating AMS IP Office (“first IP Office”) on the corresponding application. The program aims to improve the efficiency and quality of patent examination in the region by facilitating the sharing of patent S&E results among participating AMS IP Offices. The ASPEC program is open to patent applications filed in any of the participating ASEAN member states, which include Brunei Darussalam, Cambodia, Indonesia, Lao PDR, Malaysia, the Philippines, Singapore, Thailand, and Vietnam.
Bắt nạt nhãn hiệu – Bảo vệ nhãn hiệu hay chiến thuật kinh doanh.pdfKENFOX IP & Law Office
Gần đây, trong một Báo cáo trước Quốc hội về các chiến thuật tố tụng nhãn hiệu, Văn phòng Sáng chế và Nhãn hiệu Hoa kỳ (USPTO) đã định nghĩa thuật ngữ “Trademark Bullying” hay “Trademark Trolling” (“Bắt nạt nhãn hiệu” hay “Quấy rối nhãn hiệu”) là hành vi gây phiền phức của “chủ sở hữu sử dụng nhãn hiệu của mình để quấy rối và đe dọa một doanh nghiệp khác vượt quá những gì luật pháp cho phép”. Bắt chước phương thức hoạt động của các thực thể đe dọa yêu cầu thực thi quyền sáng chế và những kẻ bắt nạt bản quyền, một số chủ sở hữu nhãn hiệu đã áp dụng cách thức tố tụng này. Nói tóm lại, những kẻ bắt nạt nhãn hiệu – cả doanh nghiệp lớn và nhỏ – đều đòi quyền lợi vượt quá phạm vi bảo hộ nhãn hiệu theo quy định của Đạo luật Lanham thông qua việc gửi các Thư Khuyến Cáo nhằm mục đích đe dọa.
Understanding Trademark Infringement Laws in Vietnam - Roadblocks, Solutions.pdfKENFOX IP & Law Office
Despite selling their branded goods and services for decades in Vietnam, many businesses are at risk of losing their trademarks due to a lack of awareness and disregard for trademark registration. In most cases, trademarks are lost either because business owners are unaware of the need for registration, or because they prioritize market development over legal protection. Even those who do register their trademarks may face difficulties in enforcing them against infringing competitors. As a result, not a few businesses had to pay a high price for their negligence and lack of knowledge in the field of intellectual property. This article will explore the reasons behind trademark losses in Vietnam and offer guidance on how businesses can protect their valuable intellectual property assets.
Cambodia’s lack of a customs recordal system means that the customs authorities have not yet received any requests for customs supervision regarding intellectual property rights (IPR) infringement. However, IPR holders still have options to engage Cambodian customs to enforce IPR infringement. One way is to file a request for recordal of exclusive distributorship.
Phản đối và hủy bỏ nhãn hiệu tại Việt Nam dựa trên bằng chứng về sử dụng rộng...KENFOX IP & Law Office
Phản đối và hủy bỏ nhãn hiệu được xem như biện pháp quan trọng cho chủ sở hữu nhãn hiệu bảo vệ quyền sở hữu trí tuệ (SHTT) của họ. Tại Việt Nam, chủ sở hữu nhãn hiệu đích thực có quyền sử dụng các bằng chứng về việc sử dụng rộng rãi nhãn hiệu của họ để phản đối hoặc hủy bỏ hiệu lực nhãn hiệu đã nộp đơn hoặc đăng ký của người khác. Thực tế cho thấy việc hiểu và nắm rõ cách Cục Sở hữu trí tuệ Việt Nam (Cục SHTT) đánh giá bằng chứng về việc sử dụng trước nhãn hiệu trong các vụ phản đối, hủy bỏ nhãn hiệu trên thực tế tại Việt Nam như thế nào có ý nghĩa quan trọng trong việc xây dựng và thiết lập các lập luận, chứng cứ thuyết phục để giành thắng lợi trong các tranh chấp nhãn hiệu tại Việt Nam.
Sàn giao dịch thương mại điện tử có phải chịu trách nhiệm pháp lý về xâm phạm...KENFOX IP & Law Office
Theo quyết định ngày 22 tháng 12 năm 2022, các vụ kiện C-148/21 và C-184/21 giữa Christian Louboutin và Amazon Europe Core Sàrl et đã được Tòa án Công lý Liên minh Châu Âu (“CJEU“) đưa ra phán quyết sơ bộ về yêu cầu của Tòa án Quận Luxembourg và Tòa Kinh tế Brussels (các Toà án chuyên trách), trong đó các Tòa án trên đã yêu cầu CJEU giải thích về việc liệu Điều 9(2)(a) của Quy định (EU) 2017/1001 (“Quy định về nhãn hiệu của Châu Âu”) cần phải được hiểu rằng bất kỳ ai điều hành một thị trường mua bán trực tuyến, ngoài bán các sản phẩm của mình, mà tích hợp hoạt động bán hàng của bên thứ ba thì có khả năng bị coi là xâm phạm quyền đối với nhãn hiệu đăng ký tại Liên minh Châu Âu (“EUTM“) hay không; mặc dù người bán sản phẩm giả mạo trên nền tảng trực tuyến là bên thứ ba.
Từ chối bảo hộ nhãn hiệu ở Việt Nam, Lào và Campuchia Ranh giới mong manh giữ...KENFOX IP & Law Office
Đăng ký nhãn hiệu là bước thiết yếu đối với bất kỳ doanh nghiệp nào muốn bảo vệ đặc tính thương hiệu và tài sản trí tuệ của mình. Tuy nhiên, quá trình đăng ký nhãn hiệu có thể gặp nhiều khó khăn, đặc biệt khi một nhãn hiệu rơi vào vùng xám để xác định đó là nhãn hiệu thuần túy mang tính “mô tả” hay chỉ mang tính “gợi ý”. Ở Việt Nam, Lào và Campuchia, cũng như ở nhiều quốc gia khác, nhãn hiệu được coi là “mô tả” thuần túy sẽ không được bảo hộ theo luật định, nhưng nếu nhãn hiệu chỉ mang tính “gợi ý”, nó hoàn toàn có thể được bảo hộ. Tuy nhiên, việc xác định xem một nhãn hiệu mang tính “mô tả” hay mang tính “gợi ý” có thể là một nhiệm vụ đầy thách thức và mang tính chủ quan, và thường có một ranh giới mong manh giữa hai loại nhãn hiệu này. Do đó, điều quan trọng là phải hiểu thực tiễn thẩm định, đánh giá các điều kiện bảo hộ nhãn hiệu và các yếu tố mà thẩm định viên xem xét khi đưa ra quyết định.
Dấu hiệu mang tính “gợi ý” hay nhãn hiệu mang tính “mô tả” ở Việt Nam, Lào, Campuchia
Dấu hiệu “gợi ý” là một loại nhãn hiệu mang tính chất “gợi ý” hoặc ám chỉ đến chất lượng hoặc đặc tính nào đó của hàng hóa/dịch vụ mà nó đại diện. Nhãn hiệu mang tính “gợi ý” là một loại nhãn hiệu có khả năng phân biệt cao hơn nhãn hiệu “mô tả”, nhưng kém phân biệt hơn so với nhãn hiệu tự tạo (mang tính ngẫu nhiên). Nhãn hiệu mang tính gợi ý ám chỉ, nhưng không mô tả trực tiếp, chất lượng hoặc đặc tính của sản phẩm hoặc dịch vụ được cung cấp. Dấu hiệu mang tính “gợi ý” đòi hỏi người tiêu dùng phải có trí tưởng tượng, hoặc óc sáng tạo ở mức độ nào đó để hiểu được mối liên hệ giữa dấu hiệu/nhãn hiệu và sản phẩm/dịch vụ. Ví dụ: nhãn hiệu "Greyhound" cho một công ty xe buýt mang tính gợi ý về tốc độ và hiệu quả, nhưng không mô tả trực tiếp sản phẩm hoặc dịch vụ được cung cấp.
How to Successfully Argue Wide Use Evidence in Trademark Opposition and Cance...KENFOX IP & Law Office
Trademark opposition and cancellation serve as crucial legal remedies for legitimate trademark owners to safeguard their intellectual property rights. In Vietnam, genuine trademark owners are entitled to employ their prior evidence of wide use to file a Notice of Opposition or a cancellation action against a trademark squatter. As such, it is critical to understand how National Office of Intellectual Property of Vietnam (IP VIETNAM) evaluates the evidence of prior use and the extent to which a mark must be used to succeed in an opposition or cancellation based on unregistered rights.
Protecting your IPR in Vietnam – A Guide to VIPRI's Services and Expertise.pdfKENFOX IP & Law Office
1. What services does Vietnam Intellectual Property Research Institute offer?
The Vietnam Intellectual Property Research Institute (VIPRI) is a research institution under the Ministry of Science and Technology that provides expert opinions on IP infringement cases concerning industrial property subject matters such as inventions, industrial designs, designs of semi-conducting closed circuits, trade secrets, marks, trade names, and geographical indications.
IPR holders who suspect that their IP rights have been violated may request VIPRI to provide assessments or expert opinions on the scope of protection of their IP rights, assess similarity, determine infringing elements, and determine damages. However, at present, VIPRI’s services are limited to providing assessments and opinions on inventions, industrial designs, geographical indications, and trademarks, due to limited human resources. It does not provide opinions on matters of unfair competition, trade name, or copyright.
Key takeaways from the recent trademark assessment conclusion issued by the V...KENFOX IP & Law Office
Background:
HOA SEN Vietnam Co., Ltd, a company engaged in design, art design, advertising, and communication.
In 2013, HOA SEN Company registered a mark including the verbal element “HOA SEN” in combination with a number of other elements (HOA SEN, device) at the Intellectual Property Office of Vietnam (“IP Vietnam”) for 04 classes of services including:
Trademark: HOA SEN, device
Class 35: Advertising services, presentation/display of goods on communication media for sales.
Class 40: Printing services.
Class 41: Television program production activities; photography; organizing cultural, artistic and sports events
Class 42: Print product design service
In 2017, the distributor and sales agent of HOA SEN Company, IDEA Vietnam Co., Ltd (“IDEA Company”), was discovered to have been using a logo featuring the verbal element “HOA SEN” on various platforms such as websites, Facebook, quotations, name cards, and brochures to promote their “calendar” products.
HOA SEN Company submitted a request to the Vietnam Intellectual Property Research Institute (VIPRI) to obtain an assessment conclusion on the use of the “HOA SEN, device” sign on IDEA VIETNAM’s business materials for the sale and advertising of printed calendars. The purpose of the request is to establish a basis for requesting the other Vietnamese enforcement agencies to handle the case. Specifically, HOA SEN Company seeks to determine whether the use of the “HOA SEN, device” sign in order to introduce, sell, offer for sale, advertise to sell printed calendar products infringes on their rights to the “HOA SEN, device” mark, which is protected for “advertising services, presentation/display of goods on communication media for sales” in Class 35.
Business law for the students of undergraduate level. The presentation contains the summary of all the chapters under the syllabus of State University, Contract Act, Sale of Goods Act, Negotiable Instrument Act, Partnership Act, Limited Liability Act, Consumer Protection Act.
Guide on the use of Artificial Intelligence-based tools by lawyers and law fi...Massimo Talia
This guide aims to provide information on how lawyers will be able to use the opportunities provided by AI tools and how such tools could help the business processes of small firms. Its objective is to provide lawyers with some background to understand what they can and cannot realistically expect from these products. This guide aims to give a reference point for small law practices in the EU
against which they can evaluate those classes of AI applications that are probably the most relevant for them.
Genocide in International Criminal Law.pptxMasoudZamani13
Excited to share insights from my recent presentation on genocide! 💡 In light of ongoing debates, it's crucial to delve into the nuances of this grave crime.
सुप्रीम कोर्ट ने यह भी माना था कि मजिस्ट्रेट का यह कर्तव्य है कि वह सुनिश्चित करे कि अधिकारी पीएमएलए के तहत निर्धारित प्रक्रिया के साथ-साथ संवैधानिक सुरक्षा उपायों का भी उचित रूप से पालन करें।
Synopsis On Annual General Meeting/Extra Ordinary General Meeting With Ordinary And Special Businesses And Ordinary And Special Resolutions with Companies (Postal Ballot) Regulations, 2018
The Future of Criminal Defense Lawyer in India.pdfveteranlegal
https://veteranlegal.in/defense-lawyer-in-india/ | Criminal defense Lawyer in India has always been a vital aspect of the country's legal system. As defenders of justice, criminal Defense Lawyer play a critical role in ensuring that individuals accused of crimes receive a fair trial and that their constitutional rights are protected. As India evolves socially, economically, and technologically, the role and future of criminal Defense Lawyer are also undergoing significant changes. This comprehensive blog explores the current landscape, challenges, technological advancements, and prospects for criminal Defense Lawyer in India.
Receivership and liquidation Accounts
Being a Paper Presented at Business Recovery and Insolvency Practitioners Association of Nigeria (BRIPAN) on Friday, August 18, 2023.
Defending Weapons Offence Charges: Role of Mississauga Criminal Defence LawyersHarpreetSaini48
Discover how Mississauga criminal defence lawyers defend clients facing weapon offence charges with expert legal guidance and courtroom representation.
To know more visit: https://www.saini-law.com/
Lifting the Corporate Veil. Power Point Presentationseri bangash
"Lifting the Corporate Veil" is a legal concept that refers to the judicial act of disregarding the separate legal personality of a corporation or limited liability company (LLC). Normally, a corporation is considered a legal entity separate from its shareholders or members, meaning that the personal assets of shareholders or members are protected from the liabilities of the corporation. However, there are certain situations where courts may decide to "pierce" or "lift" the corporate veil, holding shareholders or members personally liable for the debts or actions of the corporation.
Here are some common scenarios in which courts might lift the corporate veil:
Fraud or Illegality: If shareholders or members use the corporate structure to perpetrate fraud, evade legal obligations, or engage in illegal activities, courts may disregard the corporate entity and hold those individuals personally liable.
Undercapitalization: If a corporation is formed with insufficient capital to conduct its intended business and meet its foreseeable liabilities, and this lack of capitalization results in harm to creditors or other parties, courts may lift the corporate veil to hold shareholders or members liable.
Failure to Observe Corporate Formalities: Corporations and LLCs are required to observe certain formalities, such as holding regular meetings, maintaining separate financial records, and avoiding commingling of personal and corporate assets. If these formalities are not observed and the corporate structure is used as a mere façade, courts may disregard the corporate entity.
Alter Ego: If there is such a unity of interest and ownership between the corporation and its shareholders or members that the separate personalities of the corporation and the individuals no longer exist, courts may treat the corporation as the alter ego of its owners and hold them personally liable.
Group Enterprises: In some cases, where multiple corporations are closely related or form part of a single economic unit, courts may pierce the corporate veil to achieve equity, particularly if one corporation's actions harm creditors or other stakeholders and the corporate structure is being used to shield culpable parties from liability.
What are the common challenges faced by women lawyers working in the legal pr...lawyersonia
The legal profession, which has historically been male-dominated, has experienced a significant increase in the number of women entering the field over the past few decades. Despite this progress, women lawyers continue to encounter various challenges as they strive for top positions.
Matthew Professional CV experienced Government LiaisonMattGardner52
As an experienced Government Liaison, I have demonstrated expertise in Corporate Governance. My skill set includes senior-level management in Contract Management, Legal Support, and Diplomatic Relations. I have also gained proficiency as a Corporate Liaison, utilizing my strong background in accounting, finance, and legal, with a Bachelor's degree (B.A.) from California State University. My Administrative Skills further strengthen my ability to contribute to the growth and success of any organization.
2. Generally, the concept of “obviousness” must be strictly and objectively judged. it is critical to consider the
invention in its entirety. It must be ensured that the inventive step is not an excluded subject in and of itself.
Otherwise, the patentee may insist on the grant of a patent for any of the excluded subjects by citing
economic significance or technical advance. Therefore, this technical advance comparison should be done
with the subject matter of invention and it should be found unrelated to any of the excluded subjects. Thus,
this technical advance comparison should be made with the invention's subject matter and it should be
determined that it is unrelated to any of the excluded subjects.
As a result, the following points must be objectively evaluated to determine whether the invention possesses
inventive step or not when viewed in its entirety:
(i) Distinguish between a "person skilled in the art" and a "mere artisan";
(ii) Determine the extent to which that person's common general knowledge was relevant at the time of the
priority date;
(iii) Identify the inventive concept of the claim in question or if that cannot readily be done, construe it;
(iv) Identify any discrepancies, if any, between the matter cited as part of the "state of the art" and the claim's
inventive concept or claim as construed;
(v) When viewed in isolation from the alleged invention as claimed, do those distinctions constitute steps that
would have been obvious to a person skilled in the art or do they necessitate any degree of inventive
ingenuity?
Requirements of Industrial Applicability: In the patent sector, industrial applicability or industrial
application is a patentability requirement according to which a patent can only be granted for an invention.
Under Article 8 of Cambodia Patent Law, an invention is deemed industrially applicable “if it can be made or
used in any kind of industry”. In general, workability and usefulness are deemed to be synonymous with
industrial applicability. If an invention is not workable, it means that it is also not industrially applicable. The
patent specification must include a description of the claimed invention's practical application and industrial
use, with a concrete benefit derivable directly from the description and common general knowledge. A purely
speculative use or a vague and speculative indication of a possible objective does not satisfy the industrially
applicable requirement.
3. Exceptions To Patentability
The Cambodia Patent Law sets out 6 types of unpatentable inventions, in detail:
(i) discoveries, scientific theories and mathematical methods;
(ii) schemes, rules or methods for doing business, performing purely mental acts or playing games;
(iii) methods for treatment of the human or animal body by surgery or therapy, as well as diagnostic
methods practiced on the human or animal body; this provision shall not apply to products for
use in any of those methods;
(iv) pharmaceutical products;
(v) plants and animals other than micro-organisms, and essentially
biological processes for the production of plants or animals;
(vi) Plants varieties.
For “pharmaceutical products”, following the Council for Trade-Related Aspects of Intellectual Property
Rights’ decision on November 06, 2015, pharmaceutical products are excluded from patent protection in
Cambodia until January 01, 2033, or when Cambodia ceases to fall within the least developed category,
whichever comes earlier.
In addition, the Cambodia Patent Law provides that “inventions, the commercial exploitation in the Kingdom
of Cambodia of which would be contrary to public order or morality, or would not protect human, animal or
plant life or health, or would cause serious prejudice to the environment, or would be prohibited by law, are
excluded from patentability”.
4. Software-related Inventions In Cambodia
Invention related to computer software in Cambodia shall be executed as follows:
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3. Under paragraph (3) of Article 3 of the Cambodia Patent Law stating “an invention may be, or may relate to,
a product or a process”, the invention shall include:
process inventions which, in whole or in part, consist of steps that are performed by computer and
are directed by a computer; and
product inventions consisting of elements of a computer-implemented invention, including in
particular: (i) machine-readable computer program codes stored on a tangible medium such as a
floppy disk, computer hard drive or computer memory; and (i) a general purpose computer whose
novelty over the prior art arises primarily due to its combination with a specific computer program.
Applicants who have filed patent applications for computer programs and computer-related inventions in
Cambodia shall be considered as having waived their right of seeking copyright protection, if available, under
Article 10(1) of TRIPS Agreement.
5. Utility Model In Cambodia
Utility Model Certificates are, similarly to patents, intellectual property rights that protect the technical aspects
of inventions. The Cambodia Patent Law defines utility models as any invention which is new and industrially
applicable and may be, or may relate to, a product or process. Thus, unlike patented inventions, utility
models do not need to involve an inventive step. This is the key difference between utility models and
patented inventions; whereas utility models may be obvious to a person skilled in the art, patented inventions
may not.
6. Conversion Of Patent Applications
At any time before the grant or refusal of a patent, an applicant for a patent may, upon payment of the
prescribed fee, as referred to in Article 130 of the Cambodia Patent Law, convert his application into an
application for a utility model certificate, which shall be accorded the filing date of the initial application.
Upon payment of the prescribed fee, as specified in Article 130 of the Cambodia Patent Law, an applicant for
a utility model certificate may convert his application into a patent application at any time prior to the grant or
refusal of the utility model certificate.
Any decision made by DIP or MHI on the grant of a patent or the grant of a utility model certificate or the
registration of an industrial design, or the refusal of an application for such a grant or registration, may be
appealed by any interested party before the competent Cambodia Court. An appeal shall be filed within three
(3) months of the date of the decision.
7. First-To-File System
Cambodia employs a first-to-file system, meaning that the person whose application has the earliest filing
date – or, if priority is claimed, the earliest priority date – he/she is granted the patent or utility model
certificate. Here the priority date is the date when an application was first made for the patent or utility model
certificate in a foreign country. The period of priority starts from the filing date of the first application (the day
of filing shall not be included in the period) and is then twelve (12) months for patents and utility models.
8. Where To File And What Must Be Included In An Application For Patent In Cambodia
A patent application must be filed with Department of Intellectual Property of Cambodia (“DIP”) under
Ministry of Science, Technology and Innovation of Cambodia (formerly Ministry of Industry and Handicrafts)
(“MSTI”).
An application for a patent or utility model certificate in Cambodia must contain the following:
1. A formal request and application form containing the name, address, nationality and residence of
each applicant;
2. If the applicant is the inventor, the application dossier must also contain a Statement of the
Applicant’s Right. If the applicant is not the inventor, the application must clearly state each
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4. inventor’s name and address, and be accompanied by a statement justifying the applicant’s right to
the patent;
3. A description of the invention;
4. One or more clearly stated claims defining the matter for which protection is sought;
5. Drawings, if necessary to understand the invention;
6. An abstract outlining the technical information (the abstract does not affect the scope of protection);
7. Power of Attorney certified by notary public in case of foreign applicant; and
8. Foreign filing information of the patent application or utility model certificate application, if filed
internationally, and upon request by MSTI.
A patent application may claim priority based on an earlier national, regional, or international application. If
priority is claimed, DIP may request the applicant to submit the following:
(i) any search or examination reports relating to the foreign application: a copy of any
communication received by the applicant concerning the results of any search or examination
carried out in respect of the foreign application;
(ii) a certified copy of the granted foreign patent or utility model certificate: a copy of the patent
granted on the basis of the foreign application;
(iii) foreign office action: a copy of any final decision rejecting the foreign application or refusing the
grant requested in the foreign application. The applicant shall, at the request of the Registrar,
furnish him with a copy of any final decision invalidating the patent granted on the basis of the
foreign application.
Requirement of a patent specification in Cambodia: The specification shall disclose the invention in a manner
sufficiently clear and complete for the invention to be carried out by a person having ordinary skill in the art,
and shall, in particular, indicate the best mode known to the applicant for carrying out the invention, at the
filing date or, where priority is claimed, at the priority date of the application.
Requirement of a claim: The claim or claims shall define the matter for which protection is sought. The
description and the drawings may be used to interpret the claims. Claims shall be clear and concise. They
shall be fully supported by the description.
Requirement of a drawing: Drawings shall be required when they are necessary for the understanding of the
invention.
Requirement of an abstract: The abstract shall merely serve the purpose of technical information;
in particular, it shall not be taken into account for the purpose of interpreting the scope of the protection.
9. Requirement Of Unity Of Invention In Cambodia
A patent application can only claim one invention or a group of closely related inventions. In conformity with
Rule 13.1 of the Patent Cooperation Treaty, under the Cambodia Patent Law, “the patent application shall
relate to one invention only or to a group of inventions so linked as to form a single general inventive
concept”. Of note, the fact that a patent has been granted on an application that did not comply with the
requirement of unity of invention shall not be a ground for the invalidation of the patent in Cambodia.
10. Amending or Dividing A Patent Application in Cambodia
A Cambodia patent application can be amended before the grant of patent, but there are restrictions on
amendments to prevent a new subject matter being introduced and to prevent any extension of the scope of
protection given by a patent after grant. Article 24 of the Cambodia Patent Law provides that “the applicant
may, up to the time when the application is in order for grant, amend or divide the patent application,
provided that the amended or divisional patent application shall not go beyond the disclosure in the initial
application”.
The following should be taken into account when amending a patent application in Cambodia:
Whether the amendment leads to substantive changes to the content of the technical solution, or,
Whether the substantial content of the technical solution requested for protection is changed.
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5. Theoretically, if the protection scope of the amended claim has been narrowed, but the content of the
technical solution has been substantially changed, such amended technical solution shall be regarded as a
new technical solution different from that of the original claim, and such amendment made by the applicant
shall not be accepted.
11. Examination Of A Patent Application In Cambodia
An application for a patent or utility model certificate filed with DIP shall be subject to 2 phases of
examination, i.e. formality and substantive examination.
Formality Examination of Patent Application In Cambodia/Formality Office Action:
Prakas (Declaration) on the procedure for the grant of patents and utility model certificates dated 28 May
2007 does not provide for a timeline under which DIP must issue a formality examination Notice. However,
upon receipt of DIP’s formality examination Notice, a response must be filed by the applicant within two (2)
months from the date thereof.
In the course of formality examination, DIP’s examiner shall examine compliance of requirements as
provided under Article 16, 17, 30 and 31 of the Cambodia Patent Law. In detail, the following matters will be
examined to determine compliance of formality requirements for a patent application in Cambodia:
whether a patent application filed in Cambodia contains a request, a description, one or more claims,
one or more drawings (where required), and an abstract).
whether the request in the filed application contains a petition to the effect that a patent be granted,
the name of and other prescribed data concerning the applicant, the inventor and the agent, if any,
and the title of the invention.
Whether a statement justifying the applicant’s right to the patent has been provided in case the
applicant is not the inventor.
whether the applicant has furnished DIP with the date and number of any application for a patent
filed abroad relating to the same or essentially the same invention as that claimed in the application
filed with DIP.
whether the applicant has provided DIP with (i) a copy of any communication received by the
applicant concerning the results of any search or examination carried out in respect of the foreign
application; (ii) a copy of the patent granted on the basis of the foreign application; (iii) a copy of any
final decision rejecting the foreign application or refusing the grant requested in the foreign
application.
In addition, DIP’s examiner will examine if Rules 11, 12, 14, 15 and 16 in Prakas (Declaration) on the
procedure for the grant of patents and utility model certificates have been complied with. Thus, the following
issues will be examined to determine compliance of formality requirements for a patent application in
Cambodia:
Whether any document forming part of a patent application or any documents submitted to DIP are
in Khmer.
Whether the applicant has submitted the filing documents in Khmer or English translation of the
documents within six (6) moths from the filling date for searching and examination.
Whether the applicant has submitted translation into Khmer of the applications and documents
(writing in languages other than Khmer language) within six (6) moths from the filling date for the
purpose of judging, protection and law enforcement.
Whether the requirements of indication of name, address, nationality and residence have been met.
Whether the requirements of executing signature related issues have been satisfied. DIP may,
whenever he deems it necessary, request evidence of authorization to sign.
Whether the requirements of measures, terminology and signs have been met.
Whether the number of documents and physical requirements have been met.
Substantive Examination of Patent Application In Cambodia:
Basically, during substantive examination, DIP’s responsible examiner will assess the patentability of subject
matters claimed in the application under the requirements under Article 3, Articles 4 to 9, Articles18 to 20 and
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6. Articles 23 to 26 of Cambodia Patent Law. In detail, the followings matters will be examined to determine
patentability for an invention to be patented in Cambodia:
Whether an invention in a patent application fall outside the scope of patentable subject matters;
Whether an invention in a patent application meets legal requirements for patentability (i.e. novelty,
inventive step and industrial applicability);
Whether requirements of patent specification, claim, drawing and abstract in patent document have
been met.
Whether the requirement of unity of invention is met, etc.
DIP may, at its discretion, request the applicant to provide the below documents to enable itself to check
compliance of statutory requirements for patent protection in Cambodia:
(i) the results of any international search report and any international preliminary examination
report established under the PCT in relation to the application; and/or
(ii) a search and examination report submitted under item (i) of the 1st paragraph of Article 31 of the
Cambodia Patent law relating to, or a final decision submitted under item (iii) of the 1st
paragraph of Article 31 of this Law on the refusal to grant a patent on, a corresponding foreign
application; and/or
(iii) a search and examination report which was carried out upon his request by an external search
and examination authority.
If the requirement of unity of invention is not met, DIP’s examiner will raise a unity of invention objection
during substantive examination of a patent application if they believe more than one invention is being
claimed. When a patent application in Cambodia is objected to for lack of unity, the application may still
proceed to grant. Upon receipt of the DIP’s Notification, the applicant may submit his observations and,
where applicable, to amend or divide his application, within a period not more than five (5) months from the
date of the Notice.
12. Hearing
As statutorily required, before exercising adversely to any person any discretionary power given to the
Registrar by the Law or this Declaration, DIP shall notify such person, in writing, of the opportunity to be
heard thereon, and indicating a time limit, which shall not be less than one (1) month, for filing a request for a
hearing.
The request for a hearing shall be in writing. Upon receiving such request, DIP shall give the person
applying, and any other interested persons, at least two (2) weeks before hearing, in writing, of the date and
time of the hearing
13. Expediting Procedures For Obtaining Patent Rights In Cambodia
To accelerate the procedure for obtaining patent rights in Cambodia, MSTI signed various patent validation
agreements with the following patent offices:
Intellectual Property Office of Singapore (IPOS).
Japan Patent Office (JPO),
European Patent Office (EPO),
China State Intellectual Property Office (SIPO),
Korean Intellectual Property Office (KIPO).
As a general requirement, in order to validate a Singaporean, Japanese, European, Chinese and Korean
patents in Cambodia, the patentee must basically submit DIP a certified copy of the parent patent issued by
the relevant national patent offices and a Khmer translation of the patent.
14. Grant Of Patent In Cambodia, Refusal Of Patent In Cambodia
Where DIP finds that the conditions referred to in Articles 35 and 36 of the Cambodia Patent Law are fulfilled,
he shall proceed to grant the patent. Otherwise, he shall refuse the application and notify the applicant of
that decision.
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7. Upon granting a patent in Cambodia, DIP shall:
(i) publish a reference to the grant of the patent;
(ii) issue to the applicant a certificate of the grant of the patent and a copy of the patent;
(iii) record the patent;
(iv) make available copies of the patent to the public, on payment of the prescribed fee.
15. Term of Patent Rights In Cambodia
The validity term of patents lasts for a period of twenty (20) years from the filing date. Utility Model
Certificates are valid for only seven (7) years, and there is no possibility for renewal.
16. Post-grant amendment of Patents In Cambodia
In Cambodia, granted patents can be amended under provisions found in Article 40 of the Cambodia Patent
Law. Under Article 40, a patent owner has the right to ask DIP to amend the text or drawings of the patent in
order to limit the extent of the protection conferred thereby, provided that the change would not result in the
disclosure contained in the patent going beyond the disclosure contained in the initial application on the
basis of which the patent was granted.
17. Compulsory Licensing of Patent in Cambodia
It should be noted that MSTI has the right to allow a government agency or a third party to exploit an
invention or utility model on certain public interest grounds. Such grounds include, for example, national
security, nutrition, health and development. Moreover, a government agency may also grant a third party the
right to exploit the patent if the patent holder has acted anti-competitively.
18. Rights Conferred To A Patented Invention In Cambodia
A patent granted by DIP provides the patent holder the exclusive right over the exploitation of the invention.
Thus, the patent owner (patentee) can prevent others from making, using, offering for sale, selling or
importing for those purposes the patented invention without the patentee’s permission. A patent holder in
Cambodia, in case of alleged patent infringement, may initiate a civil lawsuit thereagainst.
19. Challenging the Validity of Patents In Cambodia – Patent Invalidation in Cambodia
Entitlement and Where To File A Patent Invalidation Action in Cambodia
During the life of a patent, any interested person may request the competent Cambodia Court to invalidate a
patented invention. No particular legal interest is required. Specifically, it is not necessary that the invalidity
plaintiff has been sued for infringement of the patent, or threatened to be sued.
The substantive and procedural requirements on patent invalidation proceedings against a patented
invention are provided for and governed by Articles 65-68 of the Cambodia Patent Law and Rule 31 of
Prakas (Declaration).
Grounds for Patent Invalidation in Cambodia
Substantive grounds:
Ineligible for patent protection: whether the invention described in the application is the right subject
matter for protection under Article 3 of the Cambodia Patent Law.
Excluded Patentable subject matter: The following are excluded from patent protection:
Patentability requirement: An invention which does not possess novelty, inventiveness, or industrial
applicability will be a subject for patent invalidity in Cambodia.
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8. The patent owner is not the inventor or his successor in title. Statutorily, the employer owns an
invention made by his employee if the invention was made in the performance of the employment
contract, unless the employment contract stipulates otherwise.
Technical grounds:
Insufficient disclosure of specification: the specification describes the invention in such terms that
one skilled in the art can make and use the claimed invention is to ensure that the invention is
communicated to the interested public in a meaningful way. The information contained in the
disclosure of an application must be sufficient to inform those skilled in the relevant art how to both
make and use the claimed invention. Thus, insufficient disclosure of the invention to enable the
skilled person to carry out the "invention" may result in patent invalidity under the laws of Cambodia.
Lack of clarity of claims: This lack of clarity may only constitute a ground for patent invalidity in
Cambodia.
Lack of drawings to make it possible to understand the patented invention may make the patent at
risk of invalidity.
Generally, a majority of patent invalidation cases have an infringement litigation behind them. In another
scenario, a competitor monitors the patenting activity of the patent owner, because he is developing a similar
technology or wishes to develop one in the future. The competitor may already have, but at a later point in
time, applied for a patent on a similar invention. The competitor is, of course, interested in destroying the
earlier patent as soon as possible. Among the various grounds, the concerned party often focuses their
attack on the lack of novelty (in some other cases, inventiveness) during invalidation proceedings which
probably carries the most weight because novelty is the foremost requirement to determine the patentability
of any invention.
Patent invalidation proceedings in Cambodia
Cambodia does not have specialized IP court. Thus, it is expected to take a long time for an invalidation
action to be resolved by the Cambodian court. The decision would be one of (a) patent totally invalidated, (b)
patent partially invalidated, or (c) patent valid.
Any invalidated patent, or claim or part of a claim, shall be regarded as null and void from the date of the
grant of the patent.
Appeal proceedings:
A patent invalidity proceeding is heard by the competent first instance court in Cambodia. The losing party
may appeal against the decision of the first instance court to a higher court in Cambodia based on the
following categories:
(a) Uttor appeal against a judgment rendered by a court of first instance, or Satuk appeal if the
parties have agreed as set forth in Item (a), Paragraph 1 of Article 260 (Judgments subject to
Uttor appeal);
(b) Satuk appeal against a judgment rendered by the Uttor appellate court; or
(c) Chomtoah Appeal against a ruling.
An Uttor appeal shall be filed within one month from the day on which service of the written judgment was
received or the day of notification for a ruling denying or dismissing [without prejudice] a motion to set aside
a default judgment.
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