Chinese Patent Validation in Cambodia: How & Why Mr. Pheng Thea, Abacus IP WEN Forum  Hefei City, China October 16-18, 2018

Name:. Mr. Pheng Thea Firm:. Abacus IP Location: 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. Speaker’s bio

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)

DIP’s Organization Structure Director Administrative Office Patent Industrial Design Promotion and Innovation Center Breeder’s Right Litigation and Cooperation Deputy Director

Patent Applications & Granted Total Entitlement Years 2007 2008 2009 2010 2011 2012 2013 2014 2015 2016 2017 2018 Application Local  0 1 2 3 NA 6 Foreign 13 39 28 26 43 53 74 63 65 42 511 Grant 9 11 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 32 Re-Registration of Chinese Patents Total Entitlement Years 2007 2008 2009 2010 2011 2012 2013 2014 2015 2016 2017 2018 Application   44 Grant 23

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

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

Requirements A request form (No. RRCP) An original POA certified by the China Council for the Promotion of International Trade 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 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) Cambodian language translation of items 3 and 4 Payment of Filing Fee

Application Process

Maintaining Registrations Year Official Fee (USD) 1st - 11th 350 2nd 20 12th 400 3rd 13th 450 4th 40 14th 500 5th 100 15th 550 6th 140 16th 610 7th 180 17th 670 8th 220 18th 740 9th 260 19th 810 10th 300 20th 890

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

Payment Annual Fee

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

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

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Thank You! Abacus IP 436 Plov Lum, Chamkar Orvleuk Sangkat Kakab, Khan Posenchey 12406 Phnom Penh Cambodia +855 (0)88 8005 400 +855 (0)12 215 129 info@abacus-ip.com