CAMBODIA RECOGNIZES EUROPEAN PATENTS ON ITS TERRITORY
1. On January 23, 2017, Cambodia signed a validation agreement with the European Patent Office, such that, as soon as this agreement enters into force, it will be possible for the applicants to extend the effects of their European patent applications to Cambodia.
This new validation agreement therefore provides applicants for a European patent with a simple and cost-effective way of obtaining patent protection in Cambodia.
The validation agreement will enter into force once it has been adopted into Cambodian law. The entry into force is currently expected on July 1st, 2017.
Please note that three other non-member states, Morocco, the Republic of Moldova and Tunisia have already signed validation agreements with the European Patent Office. The agreements with Morocco and the Republic of Moldova are respectively in force since March 1st, 2015 and November 1st, 2015.
2. In order for a European patent application/patent to produce an effect in one of the validation states, it is necessary to file a corresponding request and pay a validation fee for each of the desired validation states within the deadline for paying the designation fees, i.e.:
- for direct European patent applications, within six months of the date on which the European Patent Bulletin mentions the publication of the European search report, or
- for Euro-PCT applications, within the period for performing the acts required for entry of an international application into the European phase, or within six months of the date of publication of the international search report, whichever is later.
3. In the validation states, the European patent/patent application in principle has the same effects as national applications and patents, is subject to national law and has the same object as the patent granted for EPC contracting states.
4. Please note that only the validation states for which the date of entry into force of the validation agreement is anterior to the filing date of the European patent application are open for validation.
If you have any questions concerning this newsletter, please contact Anne Francastel.
This IP Alert is for information purposes only and does not constitute legal advice.