Overview of the validation system for Chinese patents in Cambodia. Presented by Abacus IP before the WEN International IP & Technology Transfer Forum in Hefei, China. October 2018.
Chinese Patent Validation in Cambodia: How & WhyAbacus IP
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2. Draft the patent application and forms
3. File the application with the Indian Patent Office
4. The patent is published 18 months after filing
5. The patent undergoes examination and the applicant may address objections
6. The patent is granted if no objections remain
7. The patent must be renewed annually for up to 20 years.
Chinese Patent Validation in Cambodia: How & WhyAbacus IP
The document summarizes the process for validating Chinese patents in Cambodia. It discusses the growing economic and political ties between China and Cambodia. It then outlines Cambodia's patent legal framework and the six paths to obtaining a Cambodian patent, including local filing, foreign filing, re-registration of Singaporean patents, and re-registration of Chinese patents. The document provides details on application requirements and procedures for re-registering a valid Chinese patent in Cambodia. It also discusses patent rights, fees, and termination of patent rights in Cambodia.
Intellectual Property Rights is an important part of protecting the rights of a creator or inventor. One of the ways to do so is through patents. Here is a brief explanation on how can apply for a patent.
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3. File the application with the Indian Patent Office
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About the Cove @ UCI:
To accelerate collaboration by better connecting innovation partners in Orange County, UCI Applied Innovation created the Cove, a physical, state-of-the-art hub for entrepreneurs to gather and navigate the resources available both on and off campus. The Cove is headquarters for UCI Applied Innovation, as well as houses several ecosystem partners including incubators, accelerators, angel investors, venture capitalists, mentors and legal experts.
Follow us on social media:
Facebook: @UCICove
Twitter: @UCICove
Instagram: @UCICove
LinkedIn: @UCIAppliedInnovation
For more information:
cove@uci.edu
http://innovation.uci.edu/
The IPR protects your innovations and ideas related rights and from infringement by others and restricts its uses, making and selling without your permissions. This presentation aims to explore the significance of intellectual property rights and to know the procedure to obtain patents in India. For that, the data and information is collected from news papers, articles, magazines, internet websites, and expert interviews. Protecting intellectual property with patents provides the exclusive rights by law to the assignees or originator to make use of and exploit their inventions. The invention which meets the novelty, non-obviousness, usefulness in the industry, enabled etc criteria’s as per Indian patent act and fulfilling patentable criteria’s with proper application and details justifications with fallow up and clearing the objections are eligible to grants the patents.
Other Services providers covers non-telecom service providers who provide Business Process Outsourcing services, Call centre Service, telebanking or tele-marketing service, network operation centres, vehicle tracking systems services or any other services apart from those of ISP and TSP. In India, it is mandatory for an OSP to apply to the DOT (Department of Telecommunication) in the prescribed manner along with the requisite documents, in order to seek registration under the respective category before beginning to provide any such service(S). DOT is the sole authority for approving and granting any OSP licences.
BIP Counsels (BananaIP Counsels), formerly Brain League IP Services, founded in 2004 at the Indian Institute of Management (IIM) Bangalore’s incubation center (NSRCEL), is recognized as an IP/Patent trailblazer in India. The firm’s mission is to help clients maximize business value from their IP/Patents, and gain competitive advantage in the market place. In its evolution from Brain League, BIP carries forward the firm’s core values – Merger of Technology, Management and Law, Swift Adaptation to Changes in Competitive Environment, and Business Driven Approach to IP/Patent Services.
Key Issues and Considerations for IP in ThailandLawPlus Ltd.
TRADEMARKS:
- Registration of trademark is not required for protection but recommended.
- First-to-file system.
- Unregistered trademark is not protected against infringement, but passing-off.
PATENTS AND PRODUCT DESIGNS:
- Registration of invention and product design is required for protection.
- Novelty is required for registration.
COPYRIGHTS:
- No registration is required for protection.
- Copyright work is protected upon creation.
- Deposit of copyright is beneficial and recommended.
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Mr. Thea Pheng, Partner at Abacus IP and External Expert of the South-East Asia IP SME Helpdesk, presented on the different relevant IP aspects to the garment and fashion industry, as well as the current situation concerning IP protection, from the protection for fashion designs over branding and trademarks to patents for technical fabrics.
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Chinese Patent Validation in Cambodia: How & Why - Abacus IP
1. Chinese Patent Validation in
Cambodia: How & Why
Mr. Pheng Thea, Abacus IP
WEN Forum
Hefei City, China
October 16-18, 2018
2. Speaker’s bio
Name: Mr. Pheng Thea
Firm: Abacus IP
Location: Phnom Penh, Cambodia
Email: Thea@abacus-ip.com
Pheng Thea is the co-founder and principal of Abacus IP, a
full-service intellectual property agency in the Kingdom of
Cambodia. A seasoned IP professional, Mr. Pheng is
licensed by the Cambodian Ministry of Commerce’s
Department of Intellectual Property and certified by the
World Intellectual Property Organization.
Prior to founding Abacus IP, Mr. Pheng lead the IP
prosecution practice at a leading Cambodian law firm. His
practice involved the registration and maintenance of
hundreds of trademarks, patents, industrial designs and
other forms of IP on behalf of innovators and businesses
from around the globe.
Mr. Pheng is a graduate of the faculty of law of
Pannasastra University of Cambodia. In addition, he holds
a Certification in Intellectual Property Specialization from
the World Intellectual Property Organization and the
University of South Africa.
3. Patent Legal Framework
• Law on Patents, Utility Model and Industrial Designs (2003)
• Patent Cooperation Treaty (PCT) 08 December 2016
• Law on Amendment on the Article 37, 38, 109 and 136 of the Law on Patents,…. (2017)
• Law on the Ratification of the Agreement on Validation of European Patents between Cambodia
and EPO (2017)
• Prakas on the Re-Registration of Chinese Patent in Cambodia (March 2018)
• Prakas on the Procedures for the Validation of European Patents in Cambodia (Dec 2017)
• Prakas on the Re-Registration of Singaporean Patent in Cambodia (July 2016)
• Prakas on Acceleration of Patent Registration for Japanese Patent Applications (July 2016)
• MOU with SIPO and Singapore, Validation Agreement with EPO, Joint Statement with JPO (CPG)
5. Applications
Total
Entitlement Years 2007 2008 2009 2010 2011 2012 2013 2014 2015 2016 2017 2018
Application
Local 0 0 0 0 0 0 1 2 0 3 0 NA 6
Foreign 13 39 28 26 43 53 74 63 65 65 42 NA 511
Grant
Local 0 0 0 0 0 0 0 0 0 1 0 NA 1
Foreign 0 0 0 0 0 0 0 0 1 9 11 NA 21
Re-Registration of Singapore Patents
Total
Entitlement Years 2007 2008 2009 2010 2011 2012 2013 2014 2015 2016 2017 2018
Application
12 13 14 39
Grant
9 10 13 32
Re-Registration of Chinese Patents
Total
Entitlement Years 2007 2008 2009 2010 2011 2012 2013 2014 2015 2016 2017 2018
Application
44 44
Grant
23 23
Patent Applications & Granted
6. Non Patentable
• Discoveries, scientific theories and mathematical methods
• Schemes, rules or methods for doing business, performing purely mental acts or
playing games
• 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
• Pharmaceutical products
• Plants and animals other than micro- organisms, and essentially biological
processes for the production of plants or animals
• Plants varieties
7. Conditions for Re-Registration
• Validity
• Filing date on or after 22 January 2003
• Out of non-patentable (previously slide)
• Contrary to the public order or morality, destroy human, animal,
plant life or health, serious prejudice to the environment or
prohibited by law
8. Requirements
1. A request form (No. RRCP)
2. An original POA certified by the China Council for the Promotion of International Trade
3. A certified copy of certificate of the granted Chinese patent issued by SIPO in Chinese
language and its English translation with the certification true and correct translation
by an authorized translator
4. A certified copy of specification of the granted Chinese patent issued by SIPO in
Chinese language and its English translation with the certification true and correct
translation by an authorized translator
• Description, Claims, Abstract, Drawings (if available)
5. Cambodian language translation of items 3 and 4
6. Payment of Filing Fee
11. Registration Fee and Annual Fee
• The annual fee in Cambodia should be paid based on
the filing date of the registered Chinese patent
• The registration fee and annual fee shall be paid within
3 months from the date of invitation
13. Rights of Earlier Use
• Not extend to prior use by any person before the date of
registration
• Co-existence with Chinese patent registered in Cambodia
• Can be transferable or handled only with an enterprise or
company
14. Termination of Patent Rights
• The rights to Chinese patent in Cambodia shall not be effected
due to the unpaid fee with SIPO
• The rights to Chinese patent in Cambodia shall be effected after
the expiration of Chinese patent after legal settlement were
terminated
• Legal effect based on the final status of the Chinese patent after
the conclusion of all legal remedial procedures
• Any changes, SIPO shall inform MIH