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

2. Name:. Mr. Pheng Thea Firm:. Abacus IP Location:
Name: Mr. Pheng Thea Firm: Abacus IP Location: Phnom Penh, Cambodia
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

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)

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

5. 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

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 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

9. Application Process

10. 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

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

12. Payment Annual Fee

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

15. For More Information….

16. Thank You! Abacus IP 436 Plov Lum, Chamkar Orvleuk
Sangkat Kakab, Khan Posenchey
12406 Phnom Penh
Cambodia
+855 (0)
+855 (0)