走进东盟

柬埔寨专利、实用新型和工业品外观设计法

发布日期：2020-08-07

Kingdom of Cambodia

Nation Religion King

(Unofficial translation)

Law

on the Patents,

Utility Model Certificates

and Industrial Designs

PREAH REACH KRAM

(ROYAL DECREE)

NS/RKM/0103/005

PREAHBAHT SAMDECH PREAH NORODOM SIHANOUK

REACH HARIVONG UPHATO SOCHEAT VISOTHIPONG

AKAMOHABORASRAT NIKARODOM THAMMIK MOHA

REACHEA THIREACH BOROMANEAT BOROMBOPIT

PREAH CHAU KRONG KAMPUCHEA THIPDEY

seen the Constitution of the Kingdom of Cambodia;

seen the Royal Decree No NS/RKT/1198/72 dated November 30, 1998 on the

appointment of the Royal Government of Cambodia;

seen the Royal Decree No 02/NS/94 dated July 20, 1994 promulgating the Law on the

Organization and Functioning the Council of Ministers;

seen the Royal Decree No NS/ RKM/0196/05 dated January 24, 1996 promulgating the

Law on the establishment of the Ministry of Industry, Mines and Energy;

persuant to the proposals of the Prime Minister of the Royal Government of Cambodia

and the Minister of Industry, Mines and Energy;

HEREBY PROMULGATE

the Law on Patents, Utility Model Certificates and Industrial Designs which was

adopted by the National Assembly on November 28, 2002 during the ninth plenary

session of its second legislature and ratified by the Senate as to its entire form and

legality without any correction on December 31, 2002 during the eight plenary session of

its first legislature, the whole meaning of which shall be as follows:Law

on the Patents,

Utility Model Certificates

and Industrial Designs

CHAPTER 1

GENERAL PROVISIONS

Article 1.-

This Law provides protection for granted patents and utility model certificates and for

registered industrial designs in the Kingdom of Cambodia in accordance with this Law

and the Patent Cooperation Treaty.

Article 2.-

The objective of the Law is:

(i)

to encourage innovation and scientific and technological research and

development;

(ii)

to stimulate and promote increased internal and external commerce and

investment;

(iii)

to promote the transfer of technology to the Kingdom of

Cambodia in

order to facilitate industrial activity and the development of the economy;

and

(iv)

to provide protection for industrial property rights and to combat the

infringement thereof, as well as illegal business practices.

CHAPTER 2

PATENTS

SECTION 1

Patentable Invention

Article 3.-

For the purposes of this Law, “patent” means the title granted to protect an invention.

For the purposes of this Law, “invention” means an idea of an inventor which permits in

practice the solution to a specific problem in the field of technology.

An invention may be, or may relate to, a product or a process.5

Article 4.-

The following inventions, shall be excluded from patent protection:

(i)

discoveries, scientific theories and mathematical methods;

(ii)

schemes, rules or methods for doing business, performing purely mental

acts or playing games;

(iii)

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; this

provision shall not apply to products for use in any of those methods;

(iv)

pharmaceutical products as provided in Article 136 of this Law;

(v)

plants and animals other than micro-organisms, and essentially biological

processes for the production of plants or animals;

(vi)

Plants varieties.

Article 5.-

An invention is patentable if it :

(i)

is new;

(ii)

involves an inventive step; and

(iii)

is industrially applicable.

Article 6.-

An invention is new if it is not anticipated by prior art.

Prior art shall consist of everything disclosed to the public, anywhere in the world, by

publication in tangible form or by oral disclosure, by use or in any other way, prior to the

filing or, where appropriate, the priority date, of the application claiming the invention.

For the purposes of the 2nd paragraph of this Article, disclosure to the public of the

invention shall not be taken into consideration:

(i)

if it occurred within twelve (12) months preceding the filing date or,

where applicable, the priority date of the application; and

(ii)

if it was by reason or in consequence of acts committed by the applicant

or his predecessor in title or of an abuse committed by a third party with

regard to the applicant or his predecessor in title.Article 7.-

An invention shall be considered as involving an inventive step if, having regard to the

prior art relevant to the application claiming the invention and as defined in the 2nd

paragraph of Article 6 of this Law, it would not have been obvious to a person having

ordinary skill in the art.

Article 8.-

An invention shall be considered industrially applicable if it can be made or used in any

kind of industry.

Article 9.-

The inventions, the commercial exploitation in the Kingdom of Cambodia of which

would be contrary to public order or morality, or would not be protected human, animal

or plant life or health, or would cause serious prejudice to the environment, or prohibited

by law, are excluded from patentability.

SECTION 2

Right to Patent; Naming of Inventor

Article 10.-

The right to a patent shall belong to the inventor.

Article 11.-

If two or more persons have jointly made an invention, the right to the patent shall

belong to them jointly.

Article 12.-

If and to the extent to which two or more persons have made the same invention

independently of each other, the person whose application has the earliest filing date or, if

priority is claimed, the earliest validly claimed priority date shall have the right to the

patent, as long as the said application is not withdrawn, abandoned or rejected.

Article 13.-

The right to a patent may be assigned, or may be transferred by succession.

6Article 14.-

Where an invention is made in execution of an employment contract, the right to the

patent shall belong, in the absence of contractual provisions to the contrary, to the

employer.

Article 15.-

The inventor shall be named as such in the patent, unless in a special written declaration

signed by him and addressed to the Registrar he indicates that he wishes not to be named.

Any promise or undertaking by the inventor made to any person to the effect that he will

make such a declaration shall be without legal effect.

SECTION 3

Application for a Patent

Article 16.-

The application for a patent shall be filed with the Ministry in charge of industry and

shall contain a request, a description, one or more claims, one or more drawings (where

required), and an abstract. It shall be subject to the payment of the prescribed application

fee, as referred to in Article 130 of this Law.

Article 17.-

The request shall contain a petition to the effect that a patent be granted, the name of and

other prescribed data concerning the applicant, the inventor and the agent, if any, and the

title of the invention.

Where the applicant is not the inventor, the request shall be accompanied by a statement

justifying the applicant’s right to the patent.

Article 18.-

The description shall disclose the invention in a manner sufficiently clear and complete

for the invention to be carried out by a person having ordinary skill in the art, and shall,

in particular, indicate the best mode known to the applicant for carrying out the invention,

at the filing date or, where priority is claimed, at the priority date of the application.

Article 19.-

The claim or claims shall define the matter for which protection is sought. The

description and the drawings may be used to interpret the claims.

Claims shall be clear and concise. They shall be fully supported by the description.

Article 20.-

Drawings shall be required when they are necessary for the understanding of the

invention.

Article 21.-

7The abstract shall merely serve the purpose of technical information; in particular, it shall

not be taken into account for the purpose of interpreting the scope of the protection.

Article 22.-

The applicant may, up to the time when the application is in order for grant, withdraw the

application at any time during its pendency.

SECTION 4

Unity of Invention; Amendment

and Division of Application

Article 23.-

The application shall relate to one invention only or to a group of inventions so linked as

to form a single general inventive concept.

Article 24.-

The applicant may, up to the time when the application is in order for grant, amend the

application, provided that the amendment shall not go beyond the disclosure in the initial

application.

Article 25.-

The applicant may, up to the time when the application is in order for grant, divide the

application into two or more applications (“divisional applications”), provided that each

divisional application shall not go beyond the disclosure in the initial application.

Each divisional application shall be entitled to the filing date and, where applicable, the

priority date of the initial application.

Article 26.-

The fact that a patent has been granted on an application that did not comply with the

requirement of unity of invention under Article 23 of this Law shall not be a ground for

the invalidation of the patent.

SECTION 5

Right of Priority

Article 27.-

The application may contain a declaration claiming the priority, as provided for in the

Paris Convention, of one or more earlier national, regional or international applications

filed by the applicant or his predecessor in title in or for any State party to the said

Convention or any Member of the World Trade Organization.

Article 28.-

Where the application contains a declaration under Article 27 of this Law, the Registrar

may request that the applicant furnish, within the prescribed time limit, a copy of the

earlier application certified as correct by the Office with which it was filed.

Article 29.-

The effect of the said declaration under Article 27 of this Law shall be as provided in the

Paris Convention.

If the Registrar finds that the requirements under Section 5 of Chapter 2 of this Law and

the Regulations pertaining thereto have not been fulfilled, the said declaration shall be

considered not to have been made.

SECTION 6

Information Concerning Corresponding

Foreign Applications and Patents

Article 30.-

The applicant shall, at the request of the Registrar, furnish him with the date and number

of any application for a patent filed by him abroad (“foreign application”) relating to the

same or essentially the same invention as that claimed in the application filed with the

Ministry in charge of industry.

Article 31.-

The applicant shall, at the request of the Registrar, furnish him with the following

documents relating to one or more of the foreign applications referred to in Article 30 of

this Law:

(i)

a copy of any communication received by the applicant concerning the

results of any search or examination carried out in respect of the foreign

application;

(ii)

a copy of the patent granted on the basis of the foreign application;

(iii)

a copy of any final decision rejecting the foreign application or refusing

the grant requested in the foreign application.

The applicant shall, at the request of the Registrar, furnish him with a copy of any final

decision invalidating the patent granted on the basis of the foreign application referred to

in the 1st paragraph of this Article.

Article 32.-

Items (i) and (iii) of the 1st paragraph of Article 31 of this Law shall not apply in respect

of information relating to the examination of the same international application in another

elected Office where the Registration Department established under Article 117 of this

Law, is an elected Office in the meaning of Article 83 of this Law.

SECTION 7

Filing Date; Examination

Article 33.-

The Registrar shall accord as the filing date the date of receipt of the application,

provided that, at the time of receipt, the application contains:

(i)

an express or implicit indication that the granting of a patent is sought;

(ii)

indications allowing the identity of the applicant to be established;

(iii)

a part which, on the face of it, appears to be a description of an invention.10

If the Registrar finds that the application did not, at the time of receipt, fulfill the

requirements referred to in the 1st paragraph of this Article, he shall invite the applicant to

file the required correction and shall accord as the filing date the date of receipt of the

required correction, but if no correction is made, the application shall be treated as if it

had not been filed.

Article 34.-

Where the application refers to drawings which in fact are not included in the application,

the Registrar shall invite the applicant to furnish the missing drawings. If the applicant

complies with the said invitation, the Registrar shall accord as the filing date the date of

receipt of the missing drawings. Otherwise, the Registrar shall accord as the filing date

the date of receipt of the application and shall treat any reference to the said drawings as

non-existent.

Article 35.-

After according a filing date, the Registrar shall examine whether the application

complies with the requirements of Articles 16 and 17 of this Law and other requirements

which are designated as needed regulations of this Law. Where the foreign applications

and patents filed in abroad, the registrar shall further examine whether information

requested under Article 30, 31 and 32 of this Law, has been provided.

Article 36.-

Where the Registrar is of the opinion that the application complies with the requirements

indicated in the Article 35, the Registrar shall take a decision as to whether the

requirements of the 2nd and 3rd paragraph of Article 3, Articles 4 to 9, Articles18 to 20

and Articles 23 to 26 of this Law and the Regulations pertaining thereto are fulfilled.

Article 37.-

The Registrar shall take into account, for the purposes of Article 36 of this Law, as

following:

(i)

the results of any international search report and any international

preliminary examination report established under the PCT in relation to

the application; and/or

(ii)

a search and examination report submitted under item (i) of the 1st

paragraph of Article 31 of this Law relating to, or a final decision

submitted under item (iii) of the 1st paragraph of Article 31 of this Law

on the refusal to grant a patent on, a corresponding foreign application;

and/or

(iii)

a search and examination report which was carried out upon his request

by an external search and examination authority.

SECTION 8

Grant of Patent; Changes in Patents

Article 38.-

Where the Registrar finds that the conditions referred to in Articles 35 and 36 of this Law

are fulfilled, he shall proceed to grant the patent. Otherwise, he shall refuse the

application and notify the applicant of that decision.11

Article 39.-

When he grants a patent, the Registrar shall:

(i)

publish a reference to the grant of the patent;

(ii)

issue to the applicant a certificate of the grant of the patent and a copy of

the patent;

(iii)

record the patent;

(iv)

make available copies of the patent to the public, on payment of the

prescribed fee.

Article 40.-

The Registrar shall, upon request of the owner of the patent, make changes in the text

or drawings of the patent in order to limit the extent of the protection conferred thereby,

provided that the change would not result in the disclosure contained in the patent going

beyond the disclosure contained in the initial application on the basis of which the patent

was granted.

SECTION 9

Rights Conferred by Patent

Article 41.-

The exploitation of the patented invention in the Kingdom of Cambodia by persons other

than the owner of the patent shall require the latter’s agreement.

Article 42.-

For the purposes of this Law “exploitation” of a patented invention means any of the

following acts:

(i)

when the patent has been granted in respect of a product:

(a)

making, importing, offering for sale, selling and using the product;

(b)

stocking such product for the purposes of offering for sale,

selling or using;

(ii)

when the patent has been granted in respect of a process:

(a)

using the process;

(b)

doing any of the acts referred to in items (a) and (b) of the

subparagraph (i) of this Article in respect of a product obtained

(c)

directly by means of the process.

Article 43.-

The owner of the patent shall have the right, subject to Article 44 and Articles 47 to 55 of

this Law, to institute court proceedings against any person who infringes the patent by

performing, without his agreement, any of the acts referred to in Article 42 of this Law or

who performs acts which make it likely that infringement will occur.12

Article 44.-

The rights under the patent shall not extend:

(i)

to acts in respect of articles which have been put on the market in the

Kingdom of Cambodia or outside the Kingdom of Cambodia by the owner

of the patent or with his consent; or

(ii)

to the use of articles on aircraft, land vehicles or vessels of other countries

which temporarily or accidentally enter the airspace, territory or waters of

the Kingdom of Cambodia; or

(iv)

to acts done only for experimental purposes relating to a patented

invention; or

(iv)

to acts performed by any person who in good faith, before the filing or,

where priority is claimed, the priority date of the application on which the

patent is granted and in the Kingdom of Cambodia, was using the

invention or was making effective and serious preparations for such use.

The right of prior user referred to in item (iv) of the 1st paragraph of this Article may be

transferred or devolve only together with the enterprise or business, or with that part of

the enterprise or business, in which the use or preparations for use have been made.

SECTION 10

Duration; Annual Fees

Article 45.-

Subject to Article 46, a patent shall expire twenty (20) years after the filing date of the

application for the patent.

Article 46.-

In order to maintain the patent or patent application, an annual fee shall be paid in

advance to the Registrar for each year, starting one (1) year after the filing date of the

application for grant of the patent. A period of grace of six (6) months shall be allowed

for the late payment of the annual fee on payment of the prescribed surcharge as referred

to in Article 130 of this Law. If an annual fee is not paid in accordance with the

provisions of this Article, the patent application shall be deemed to have been withdrawn

or the patent shall lapse.

SECTION 11

Exploitation by Government

or Person thereby Authorized

Article 47.-

The Minister may decide that, even without the agreement of the owner of the patent,

a Government agency or a third person designated by the Minister may exploit the

invention where:13

(i)

the public interest, in particular, national security, nutrition, health or the

development of other vital sectors of the national economy so requires; or

(ii)

a judicial body has determined that the manner of exploitation, by the

owner of the patent or his licensee, is anti-competitive.

The exploitation of the invention shall be limited to the purpose for which it was

authorized and shall be subject to the payment to the said owner of an adequate

remuneration therefor, taking into account the economic value of the Minister's

authorization, as determined in the said authorization.

The Minister shall take his decision after hearing the owner of the patent and any

interested person if they wish to be heard.

Article 48.-

Upon request of the owner of the patent, of the Government agency or of the third person

authorized to exploit the patented invention, the Minister may, after hearing the parties, if

either or both wish to be heard, vary the terms of the decision authorizing the exploitation

of the patented invention to the extent that changed circumstances justify such variation.

Article 49.-

Upon request of the owner of the patent, the Minister shall terminate the authorization

if he is satisfied, after hearing the parties, if either or both wish to be heard, that the

circumstances of items (i) and (ii) in the 1st paragraph of Article 47 of this Law which

led to his decision have ceased to exist and are unlikely to recur or that the Government

agency or third person designated by him has failed to comply with the terms of the

decision.

Notwithstanding the 1st paragraph of this Article , the Minister shall not terminate the

authorization if he is satisfied that the need for adequate protection of the legitimate

interests of the Government agency or third person designated by him justifies the

maintenance of the decision.

Article 50.-

Where a third person has been designated by the Minister, the authorization may only

be transferred with the enterprise or business of that person or with the part of the

enterprise or business within which the patented invention is being exploited.

Article 51.-

The authorization shall not exclude:

(i)

the conclusion of license contracts by the owner of the patent or the

continued exercise, by the owner of the patent, of his rights under Article

42 of this Law; or

(ii)

the issuance of a non-voluntary license under Section 12 of Chapter 2 of

this Law.

Article 52.-

A request for the Minister’s authorization shall be accompanied by evidence that the

owner of the patent has received, from the person seeking the authorization, a request for14

a contractual license, but that person has been unable to obtain such a license on

reasonable commercial terms and conditions and within a reasonable time.

The 1st paragraph of this Article shall not apply in cases of:

(i)

national emergency or other circumstances of extreme urgency provided,

however, that in such cases the owner of the patent shall be notified of the

Minister’s decision as soon as reasonably practicable;

(ii)

public non-commercial use; and

(iii)

anti-competitive practices determined as such by a judicial body in

accordance with Article 47 of this Law.

Article 53.-

The exploitation of the invention by the Government agency or third person designated

by the Minister shall be predominantly for the supply of the market in the Kingdom of

Cambodia.

Article 54.-

The exploitation of a patented invention in the field of semi-conductor technology shall

only be authorized for public non-commercial use.

Where a judicial body has determined that the manner of exploitation of the patented

invention in the field of semi-conductor by the owner of the patent or his licensee, is anti

competitive, the Minister may issue a non-voluntary license to remedy such practice.

Article 55.-

The decisions of the Minister under Section 11 of Chapter 2 of this Law may be the

subject of an appeal before the competent Court.

SECTION 12

Non-Voluntary Licenses

Article 56.-

On the request, made to the Minister after the expiration of a period of four (4) years

from the date of filing of the patent application or three (3) years from the date of the

grant of the patent, whichever period expires last, the Minister may issue a non-voluntary

license if he is satisfied that the patented invention is not exploited or is insufficiently

exploited in the Kingdom of Cambodia.

Notwithstanding the 1st paragraph of this Article, a non-voluntary license shall not be

issued if the owner of the patent satisfies the Minister that circumstances exist which

justify the non-exploitation or insufficient exploitation of the patented invention.

Article 57.-

The decision issuing the non-voluntary license shall fix:

(i)

the scope and the function of the license;

(ii)

the time limit within which the licensee must begin to exploit the patented

invention; and15

(iii)

the amount of the adequate remuneration to be paid to the owner of the

patent and the conditions of payment.

Article 58.-

The beneficiary of the non-voluntary license shall have the right to exploit the patented

invention in the Kingdom of Cambodia according to the terms set out in the decision

issuing the license, shall commence the exploitation of the patented invention within the

time limit fixed in the said decision and, thereafter, shall exploit the patented invention

sufficiently.

Article 59.-

Where the invention claimed in the later patent involves an important technical advance

of considerable economic importance in relation to the invention claimed in the earlier

patent, the Minister, upon the request of the owner of the later patent, may issue a non

voluntary license to the extent necessary to avoid infringement of the earlier patent.

Article 60.-

Where a non-voluntary license is issued under Article 59 of this Law, the Minister, upon

the request of the owner of the earlier patent, shall issue a non-voluntary license in

respect of the later patent.

Article 61.-

In the case of a request for the issuance of non-voluntary license under Articles 59 and

60, Article 57 of this Law shall apply mutatis mutandis with the proviso that no time limit

needs to be fixed.

Article 62.-

In the case of a non-voluntary license issued under Article 59 of this Law, the transfer

may be made only with the later patent, or, in the case of a non-voluntary license issued

under Article 60 of this Law, only with the earlier patent.

Article 63.-

The request for the issuance of a non-voluntary license shall be subject to payment of the

prescribed fee, as referred to in Article 130 of this Law.

Article 64.-

The 2nd paragraph of Article 47 to Article 55 of this Law shall apply mutatis mutandis

for Section 12 of Chapter 2 of this Law.

SECTION 13

Invalidation

Article 65.-

Any interested person may request the competent Court to invalidate a patent.

Article 66.-

The competent Court shall invalidate the patent if the person requesting the invalidation

proves that any of the requirements of the 2 nd and 3rd paragraph of Article 3, Articles 4 to 9 and Articles 18 to 20 of this Law is not fulfilled or if the owner of the patent is not the

inventor or his successor in title.

Article 67.-

Any invalidated patent, or claim or part of a claim, shall be regarded as null and void

from the date of the grant of the patent.

Article 68.-

The final decision of the competent Court shall be notified to the Registrar who shall

record it and publish a reference thereto as soon as possible.

CHAPTER 3

UTILITY MODEL CERTIFICATES

SECTION 1

Protectable Utility Model Certificate

Article 69.-

For the purposes of this Law, a utility model certificate means a certificate which is

granted for the protection of a utility model. Utility model means any invention which is

new and industrially applicable and may be, or may relate to, a product or process.

SECTION 2

Applicability of Provisions Relating to Patents

Article 70.-

With the exclusion of Articles 71 to 74 of this Law, the provisions of Chapter 2 of this

Law shall apply, mutatis mutandis, to utility model certificates or applications therefor, as

the case may be.

Where the right to a patent conflicts with the right to a utility model certificate in the case

referred to in Section 2 of Chapter 2 of this Law, the said provision shall apply as if the

word “patent” were replaced by the words “patent or utility model certificate”.

SECTION 3

Special Provisions Relating to Utility Model Certificates

Article 71.-

Articles 5 and 7 of this Law shall not apply in the case of inventions for which utility

model certificates are requested.

Article 72.-

Articles 36 and 45 of this Law shall not apply in the case of applications for utility model

certificates.

Article 73.-

A utility model certificate shall expire, without any possibility of renewal, at the end of

the seventh (7th) year after the date of the filing of the application.

Article 74.-

1617

In proceedings under the Articles 65 to 67 of this Law, the competent Court shall

invalidate the utility model certificate on any the following grounds:

(i)

that the claimed invention did not qualify for a utility model certificate,

having regard to Articles 6, 8, 9 and 69 of this Law;

(ii)

that the description and the claim do not comply with requirements

prescribed by Articles 18 and 19 of this Law and the Regulations

pertaining thereto;

(iii)

that any drawing which is necessary for the understanding of the invention

has not been furnished;

(iv)

that the owner of the utility model certificate is not the inventor or his

successor in title.

SECTION 4

Conversion of Patent Applications or

Applications for Utility Model Certificates

Article 75.-

At any time before the grant or refusal of a patent, an applicant for a patent may, upon

payment of the prescribed fee, as referred to in Article 130 of this Law, convert his

application into an application for a utility model certificate, which shall be accorded the

filing date of the initial application.

At any time before the grant or refusal of utility model certificate, an applicant for a

utility model certificate may, upon payment of the prescribed fee, as referred to in Article

130 of this Law, convert his application into a patent application, which shall be accorded

the filing date of the initial application.

Article 76.-

An application may not be converted under Article 75 of this Law more than once.

CHAPTER 4

INTERNATIONAL APPLICATIONS UNDER

THE PATENT COOPERATION TREATY

SECTION 1

Interpretation of Terms Concerning the PCT18

Article 77 .-

For the purposes of this Law:

(i)

“Patent Cooperation Treaty” means the Patent Cooperation Treaty done

at Washington on June 19, 1970;

(ii)

“designate,” “designated Office,” “elect,” “elected Office,”

“international application,” “international filing date,” “international

preliminary examination” and “receiving Office” have the same

meanings as in the Patent Cooperation Treaty.

SECTION 2

Filing Date and Effects of International

Application Designating the Kingdom of Cambodia

Article 78.-

An international application designating the Kingdom of Cambodia shall, subject to this

Chapter, be treated as an application for a patent or utility model certificate filed under

this Law having as its filing date the international filing date accorded under

the Patent Cooperation Treaty.

SECTION 3

Registration Department as Receiving Office

Article 79.-

The Registration Department shall act as a receiving Office in respect of any international

application filed with it by a resident or national of the Kingdom of Cambodia.

Article 80.-

The Minister may make an agreement of the kind referred to in Rule 19.1(b) of the

Regulations under the Patent Cooperation Treaty whereby an intergovernmental

organization or the national Office of another Contracting State of the Patent Cooperation

Treaty shall act instead of the Registration Department as receiving Office for applicants

who are residents or nationals of the Kingdom of Cambodia.

SECTION 4

Filing of International Applications

with the Registration Department

Article 81.-

An international application filed with the Registration Department as receiving Office

shall be filed in a prescribed language and the prescribed transmittal fee, as referred to in

Article 130 of this Law, shall be paid to the Registration Department.

SECTION 5

Registration Department as Designated Office

Article 82.-

The Registration Department shall act as a designated Office in respect of international

application in which the Kingdom of Cambodia is designated as provided under Chapter I 19

of the Patent Cooperation Treaty for the purposes of obtaining a national patent or utility

model certificate under this Law.

SECTION 6

Registration Department as Elected Office

Article 83.-

The Registration Department shall act as an elected Office in respect of an international

application in which the Kingdom of Cambodia is designated as referred to in Article 82

of this Law if the applicant elects the Kingdom of Cambodia as provided under Chapter

II of the Patent Cooperation Treaty for the purposes of obtaining a national patent or

utility model certificate under this Law.

SECTION 7

National Processing

Article 84.-

The Registration Department as designated Office or elected Office shall not commence

processing of an international application designating the Kingdom of Cambodia before

the expiration of the time limit referred to in Article 85 of this Law, except if the

applicant complies with the requirements of that Article and files with the Registration

Department an express (urgent) request for early commencement of such processing.

SECTION 8

Entering National Phase

Article 85.-

The applicant in respect of international application designating the Kingdom of

Cambodia shall, before the expiration of the time limit applicable under Article 22 or 39

of the Patent Cooperation Treaty or of such later time limit as may be prescribed in the

Regulations of this Law:

(i)

pay the prescribed fee, as referred to in the Article 130 of this Law, to the

Registration Department; and

(ii)

if the international application was not filed in, or has not been published

under the Patent Cooperation Treaty as a translation into the prescribed

language, file with the Registration Department a translation of the

international application, containing the prescribed contents, into that

language.

SECTION 9

Failure to Enter National Phase

Article 86.-If the applicant does not comply with the requirements of Article 85 of this Law within

the time limit referred to that Article, the international application shall be considered

withdrawn for the purposes of this Law.

SECTION 10

Processing International

Applications in Accordance with Treaty

Article 87.-

The Registration Department shall process international applications in accordance with

the provisions of the Patent Cooperation Treaty, and with the provisions of this Law. In

the event of conflict, the provisions of the Patent Cooperation Treaty shall apply. The

Regulations under this Law may provide for the processing of international applications

in such a case.

Article 88.-

Further details concerning the processing of international applications by, and other

functions of, the Registration Department in connection with the Patent Cooperation

Treaty, including fees payable, time limits and other requirements in relation to

international applications, may be included in the Regulations and shall be fulfilled the

Article 130 of this Law.

CHAPTER 5

INDUSTRIAL DESIGNS

SECTION 1

Protectable Industrial Designs

Article 89.-

For the purposes of this Law, any composition of lines or colours or any three

dimensional form, or any material, whether or not associated with lines or colors, is

deemed to be an industrial design, provided that such composition, form or material gives

a special appearance to a product of industry or handicraft and can serve as a pattern for a

product of industry or handicraft, and appeals to and is judged by the eye.

Article 90.-

The protection under this Law does not extend to anything in an industrial design which

serves solely to obtain a technical result and to the extent that it leaves no freedom as

regards arbitrary features of appearance.

SECTION 2

Registrable Industrial Designs

Article 91.-

An industrial design is registrable if it is new.

Article 92.-

An industrial design shall be considered as new if it has not been disclosed to the public,

anywhere in the world, by publication in tangible form or by use or in any other way,

2021

prior to the filing date or, where applicable, the priority date of the application for

registration.

For the purpose of the 1st paragraph of this Article, disclosure to the public of the

industrial design shall not be taken into consideration:

(i)

if it occurred within twelve (12) months preceding the filling date or,

where applicable, the priority date of the application;

(ii)

if it was by reason or in consequence of acts committed by the applicant or

his predecessor in title or of an abuse committed by a third party with

regard to the applicant or his predecessor in title.

Article 93.-

Industrial designs that are contrary to public order or morality shall not be registrable.

SECTION 3

Right to Registration

of Industrial Design; Naming of Creator

Article 94.-

The Articles 10 to 15 of this Law shall apply mutatis mutandis to Section 3 of Chapter 5

of this Law.

SECTION 4

Application for Registration of an Industrial Design

Article 95.-

The application for registration of an industrial design shall be filed with the Ministry in

charge of industry and shall contain a request, drawings, photographs or other adequate

graphic representations of the article embodying the industrial design and an indication of

the kind of products for which the industrial design is to be used. It may be accompanied

by a specimen of the article embodying the industrial design, where the industrial design

is two-dimensional. The application shall be subject to the payment of the prescribed

application fee, as referred to in Article 130 of this Law.

Article 96.-

Where the applicant is not the creator, the request shall be accompanied by a statement

justifying the applicant’s right to the registration of the industrial design.

Article 97.-

Two or more industrial designs may be the subject of the same application, provided they

relate to the same class of the International Classification or to the same set or

composition of articles.

Article 98.-

The application, at the time of filing, may contain a request that the publication of the

industrial design, upon registration, be deferred for a period not exceeding twelve (12)

months from the date of filing or, if priority is claimed, from the date of priority, of the

application.

Article 99.-22

The applicant may withdraw the application at any time during its pendency.

SECTION 5

Right of Priority

Article 100.-

The Articles 27 to 29 of this Law shall apply mutatis mutandis to Section 5 of Chapter 5

of this Law.

SECTION 6

Examination; Registration

and Publication of Industrial Design

Article 101.-

The Registrar shall accord as the filing date the date of receipt of the application,

provided that, at the time of receipt, the application contains indications allowing the

identity of the applicant to be established and the required graphic representation of the

article embodying the industrial design.

If the Registrar finds that the application did not, at the time of receipt, fulfill he

requirements referred to in the 1st paragraph of this Article, he shall invite the applicant to

file the required correction and shall accord as the filing date the date of receipt of the

required correction, but if no correction is made, the application shall be treated as if it

had not been filed.

Article 102.-

After according a filing date, the Registrar shall examine whether:

(i)

the application complies with the requirements of Articles 95 and 96

of this Law and the Regulations pertaining thereto;

(ii)

the application fee has been paid, as referred to in Article 130 of this Law;

(iii) the industrial design complies with the requirements of Articles 89 to 90,

Article 93 of this Law and the Regulations pertaining thereto.

Article 103.-

Where the Registrar finds that the conditions referred to in Article 102 of this Law are

fulfilled, he shall register the industrial design, publish a reference to the registration and

shall proceed to issue to the applicant a certificate of registration of the industrial design;

otherwise, he shall refuse the application.

Article 104.-

Where a request has been made under Article 98 of this Law for deferment of

publication, upon registration of the industrial design, neither the representation of the

design nor any file relating to the application shall be open to public inspection. In this

case, the Registrar shall publish a mention of the deferment of the publication of the

industrial design and information identifying the registered owner, and indicating the

filing date of the application, the length of the period for which deferment has been

requested and any other prescribed particulars. At the expiry of the period of deferment, the Registrar shall publish the registered

industrial design.

The institution of legal proceedings on the basis of a registered industrial design during

the period of deferment of publication shall be subject to the condition that the

information contained in the Register and in the file relating to the application has been

communicated to the person against whom the action is brought.

SECTION 7

Rights Conferred by

Registration; Duration; Renewal

Article 105.-

The exploitation of a registered industrial design in the Kingdom of Cambodia by

persons other than the registered owner shall require the agreement of the latter.

Article 106.-

For the purposes of this Law, “exploitation” of a registered industrial design means the

making, selling or importation of articles incorporating the industrial design.

Article 107.-

The rights under the registration of industrial design shall not extended to acts in respect

of articles which have been put on the market in the Kingdom of Cambodia or outside the

Kingdom of Cambodia by the owner of the industrial design or with his consent.

Article 108.-

The registered owner of an industrial design shall have the right to institute Court

proceedings against any person who infringes the industrial design by performing,

without his agreement, any of the acts referred to in Article 106 of this Law or who

performs acts which make it likely that infringement will occur.

Article 109.-

The registration of an industrial design shall be for a period of five (5) years from the

filing date of the application for registration. The registration may be renewed for two

further consecutive periods of five (5) years through the payment of the prescribed fee, as

referred to in Article 130 of this Law. A period of grace of six (6) months shall be

allowed for the late payment of the renewal fee on payment of the prescribed surcharge,

as referred to in Article 130 of this Law.

SECTION 8

Invalidation

Article 110.-

Any interested person may request the competent Court to invalidate the registration of

an industrial design.

Article 111.-

The competent Court shall invalidate the registration if the person requesting the

invalidation proves that any of the requirements of Section 1 and Section 2 of this

Chapter is not fulfilled or if the registered owner of the industrial design is not the creator

or his successor in title.

2324

Article 112.-

Any industrial design invalidated by the competent Court shall be regarded as null and

void from the date of the registration of the industrial design.

Article 113.-

The final decision of the competent Court shall be notified to the Registrar who shall

record it and publish a reference thereto as soon as possible.

CHAPTER 6

COMMON PROVISIONS

SECTION 1

Changes in Ownership; License Contracts

Article 114.-

Any change in the ownership of a patent or utility model certificate or the registration of

an industrial design, or in the ownership of an application therefor, shall be in writing and

shall, at the request of any interested party, to the Registrar, be recorded and, except in

the case of an application, published by the Registrar. Such change shall have no effect

against third parties until such recording is effected.

Article 115.-

Any license contract concerning a patent or utility model certificate or a registered

industrial design, or an application therefor, shall be submitted to the Registrar who shall

keep its contents confidential but shall record it and publish a reference thereto. The

license contract shall have no effect against third parties until such recording is effected.

SECTION 2

Agents

Article 116.-

Where an applicant’s ordinary residence or principal place of business is outside the

Kingdom of Cambodia, he shall be represented by an agent residing and practicing in the

Kingdom of Cambodia and fulfilled the prescribed requirements.

SECTION 3

Organization of the Registration Department

Article 117.-

The Registration Department shall be established within the Ministry in charge of

industry, and shall be entrusted with all functions relating to the procedure for:

(i)

the grant of patents and utility model certificates and the registration of

industrial designs;

(ii)

the administration of granted patents and utility model certificates and

registered industrial designs as specified in this Law and the Regulations.

SECTION 4

Registers; Official BulletinArticle 118.-

The Ministry in charge of industry shall maintain two separate Registers: one for

patents and utility model certificates and another for industrial designs. All the

recordings provided for in this Law shall be effected in the said Registers.

The Registers may be consulted by any person, and any person may obtain extracts

therefrom, under the conditions prescribed in the Regulations.

Article 119.-

The Ministry in charge of industry shall publish in the Official Bulletin all the

publications provided for in this Law.

SECTION 5

Corrections of Errors; Extension of Time

Article 120.-

The Registrar may, subject to any provision in the Regulations, correct any error of

translation, clerical error or mistake in any application or document filed with the

Registration Department or in any recording effected pursuant to this Law or the

Regulations.

Article 121.-

If the Registrar is satisfied that the circumstances justify it, he may, upon receiving a

written request, extend the time for doing any act or taking any proceeding under this

Law and the Regulations, upon notice to the parties concerned and upon such terms as he

may direct. The extension may be granted though the time for doing the act or taking the

proceeding has expired.

SECTION 6

Exercise of Discretionary Powers

Article 122.-

The Registrar shall give any party to a proceeding before him an opportunity of being

heard before exercising adversely to that party any discretionary power vested in him by

this Law or the Regulations.

SECTION 7

Competence of Court; Appeals

Article 123.-

The competent Court shall have jurisdiction in cases of dispute relating to the application

of this Law and the Regulations are to be referred to the competent Court.

Article 124.-

Any decision of the Ministry in charge of industry under this Law, in particular the grant

of a patent or the grant of a utility model certificate or the registration of an industrial

design, or the refusal of an application for such a grant or registration, may be the subject

of an appeal by any interested party before the competent Court and such appeal shall be

filed within three (3) months of the date of the decision.

SECTION 8

Infringement; Unlawful Acts

25Article 125.-

An infringement shall consist of the performance of any act referred to in Section 9 of

Chapter 2 and Section 7 of Chapter 5 of this Law in the Kingdom of Cambodia by the

person other than the owner of the title of protection and without agreement of the latter.

Article 126.-

On the request of the owner of the title of protection, or of a licensee if he has requested

the owner to institute Court proceedings for a specific relief and the owner has refused or

failed to do so, the competent Court may grant an injunction to prevent infringement or

an imminent infringement, award damages and grant any other remedy provided for in

the general law.

Article 127.-

Where the subject matter of the patent or of the utility model certificate is a process for

obtaining a product, the burden of establishing that a product was not made by the

process shall be on the alleged infringes if the product is new, and the alleged infringer

proves that the process to obtain an identical product is different from that process.

Article 128.-

In requiring the production of evidence, the competent Court before which the

proceedings referred to in Article 127 of this Law take place shall take into account the

legitimate interests of the alleged infringer in not disclosing his manufacturing and

business secrets.

SECTION 9

Application of International Treaties

Article 129.-

The provisions of any international treaties in respect of industrial property to which the

Kingdom of Cambodia is a party shall apply to matters dealt with by this Law and, in

case of conflict with provisions of this Law, shall prevail over the latter.

SECTION 10

Regulations; Administrative Instructions

Article 130.-

The Minister shall issue necessary Regulations prescribing details for the implementation

of this Law.

The payment of fees in connection with applications for the grant of patents or utility

model certificates and for the registration of industrial designs and matters related thereto

shall be prescribed in the joint declaration of the Ministry in charge of industry and the

Ministry in charge of finance.

SECTION 12

Interpretation

Article 131.-

In this Law:

26“International Classification” means the classification according to the Locarno

Agreement Establishing an International Classification for Industrial Designs, as last

revised;

“Minister” means the Minister in charge of industry;

“Paris Convention” means the Paris Convention for the Protection of Industrial

Property of March 20, 1883 as last revised;

“Priority date” means the date of the earlier application that serves as the basis for the

right of priority provided for in the Paris Convention;

“Registrar” means the Director of the Registration Department;

“Registration Department” means the Department of Industrial Property, which will be

established within the Ministry in charge of industry;

CHAPTER 7

OFFENCES

Article 132.-

Whoever makes a false statement in any document filed to the Registrar, shall be guilty

of an offense punishable by a fine from one million (1,000,000) Riels to five million

(5,000,000) Riels or by imprisonment from one (1) month to six (6) months, or by both.

The maximum penalty for a repeated offense committed within five (5) years from the

date of previous conviction, shall be doubled in both of fine and imprisonment.

Article 133.-

Any person who knowingly performs an act which constitutes an infringement as defined

in Article 125 of this Law hereof shall be guilty of an offence punishable by a fine from

five million (5,000,000) Riels to twenty million (20,000,000) Riels or by imprisonment

from one (1 ) year to five (5) years, or by both. The maximum penalty for a repeated

offense committed within five (5) years from the date of previous conviction, shall be

doubled in both of fine and imprisonment.

Article 134.-

Where a person is found guilty of an offense under this Law, the competent Court may

order the seizure of which is deemed as state asset and destruction of the infringing goods

and of any materials and implement the predominant use of which has been in the

commission of the crime.

Article 135.-

The competent official, who committed guilty in implementation of own ’s duty provided

by this Law, shall be punished in according with administrative offences, which are not

considering yet to the others criminal offences.

CHAPTER 8

TRANSITIONAL PROVISION

Article 136.-

The pharmaceutical products mentioned in the Article 4 of this Law shall be excluded

from patent protection until January 01, 2016, according to the Declaration on Agreement

on Trade-Related Aspects of Intellectual Property Rights and Public Health of the

2728

Ministerial Conference of World Trade Organization dated November 14, 2001 in Doha

of Qatar.

CHAPTER 9

FINAL PROVISION

Article 137.-

Any provisions that contradict to this Law shall be considered as null and void.

Done at the Royal Palace, Phnom Penh Municipality on

January 22, 2003

Royal Signature

NORODOM SIHANOUK

Has informed to

His Majesty the King for Royal Signature

Prime Minister

Signature

HUN SEN

Has informed to

Samdech Prime Minister

Minister of Industry, Mines and Energy

Signature

SUY SEM

走进柬埔寨

柬埔寨专利、实用新型和工业品外观设计法