Patents Laws in Cambodia
Here’s a concise overview of patent laws in Cambodia:
Patent Laws in Cambodia
Governing Law
The main legal framework for patents in Cambodia is the Law on Patents, Utility Models, and Industrial Designs (adopted in 2003, updated later).
Patentable Inventions
An invention must be new, involve an inventive step, and be industrially applicable.
Patent protection is available for technical inventions in any field of technology.
Non-Patentable
Discoveries, scientific theories, mathematical methods.
Aesthetic creations, schemes, rules, or methods for performing mental acts, playing games, or doing business.
Methods for diagnosis, treatment, or surgery on humans or animals.
Patent Term
Patents are granted for 20 years from the filing date.
Utility models are protected for 10 years.
Filing and Examination
Cambodia’s patent office is under the Ministry of Industry, Science, Technology & Innovation (MISTI).
Cambodia has a substantive examination system but often relies on results from other patent offices (e.g., EPO, JPO) for examination reports.
Applicants can file patents directly in Cambodia or via international routes like the Patent Cooperation Treaty (PCT).
Rights Conferred
Exclusive rights to prevent others from making, using, selling, or importing the patented invention without authorization.
Enforcement
Patent infringement can lead to civil lawsuits or administrative actions.
Remedies include injunctions, damages, and seizure of infringing goods.
International Agreements
Cambodia is a member of the World Intellectual Property Organization (WIPO).
Cambodia is a contracting state of the Paris Convention for the Protection of Industrial Property.
Cambodia joined the Patent Cooperation Treaty (PCT) in 2007, allowing international patent applications.
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