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March 10, 2018

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How to Re-Register a Singapore Patent in Cambodia

December 19, 2017

 

IPOS and Cambodia’s Ministry of Industry and Handicrafts concluded a Memorandum of Understanding permitting for the filing of Cambodian patents through the Singaporean authority, and vice versa.

 

The Memorandum of Understanding is valid for five years from January 20, 2015 and can be renewed upon the mutual consent of both parties.[1] After the Ministry of Industry and Handicraft issued a Prakas (Declaration) on implementation the Memorandum on July 25, 2016, applicants are allowed to file for Cambodian patents through the Intellectual Property Office of Singapore (IPOS).

 

In order to register, the applicant must have first been granted a patent in Singapore. The Singaporean patent must be in-force at the time of filing a request for registration in Cambodia. In addition, the patent must have a filing date on or after February 11, 2003.[2]

 

The request for registration of a Singaporean patent must be made to the Department of Industrial Property of the Ministry of Industry and Handicraft, and accompanied by a payment of the filing fee, a certified copy certificate of grant of the Singaporean patent, a certified copy of final specifications, a copy of abstract and a copy of original notarized POA if a local patent agent is appointed.[3] Although, a certified copy of the Certificate of Grant of Singapore patent is required to be submitted, the Registrar still examines this based on the Patent Law and its related declaration. Cambodian translations must be submitted to the Patent Office within six months from the date of filing a request for registration.[4] The registration fee and annual fee must be paid within three months from date of Registrar’s notification.[5]

 

Patent rights received under this declaration may not be enforced against any prior rights which already existed before the date of filing a request for registration of Singapore patent in Cambodia. A person who has been using or exploiting that patented invention in Cambodia may continue to use or exploit it, even though the Singapore patent was granted by the Cambodia Department of Industrial Property.[6]

 

Decisions of the Ministry of Industry and Handicraft regarding the granting of a patent may be appealed to the competent court within three months of the decision.

 

[Excerpted from The Complete Guide to Intellectual Property in Cambodia]

 

 

 

[1] Memorandum of Understanding on the Co-Operation in Industrial Property, Article 10

 

[2] Prakas on the Registration of Singapore Patent in Cambodia, Article 5

 

[3] Prakas on the Registration of Singapore Patent in Cambodia, Article 4

 

[4] Id.

 

[5] Prakas on the Registration of Singapore Patent in Cambodia, Article 10(3)

 

[6] Prakas on the Registration of Singapore Patent in Cambodia, Article 11

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