China's Valid Invention Patents Allowed to Take Effect in Cambodia


On March 2, the State Intellectual Property Office (SIPO) held a press briefing in Beijing. SIPO Deputy Commissioner He Zhimin briefed the audience on the information about China's valid invention patents to take effect in Cambodia. He said that processing applications of China's valid invention patents to take effect  in Cambodia would be launched soon; it was a milestone of China-Cambodia intellectual property cooperation, a breakthrough in intellectual property cooperation under the Belt and Road Initiative, and a historic achievement of China's intellectual property career against the background of being guided by the Xi Jinping Thought on Socialism with Chinese Characteristics for a New Era, implementing the guiding principles from the 19th National Congress of the CPC and its various decisions and arrangements, and building China into a strong intellectual property country.

In September 2017, SIPO Commissioner Shen Changyu and Cambodian Minister of Industry and Handicrafts Cham Prasidh signed a memorandum of understanding on intellectual property cooperation, which confirmed that China's valid invention patents were allowed to get registered and take effect in Cambodia.  After half a year of discussions and negotiations, China and Cambodia have come to an agreement on the specific process regarding the issue. Any Chinese invention patent having been granted and sustained by SIPO with its date of application later than January 22, 2003 is eligible to take effect in Cambodia.  Before submitting an application for taking effect in Cambodia, applicants should submit materials such as an application form for registration, a copy of patent specification and patent register issued by SIPO, and an English and Khmer translation of patent document. With these materials examined and approved by the Cambodian Ministry of Industry and Handicrafts, the patent will be granted patent protection in Cambodia and enjoy the same treatment of application date and protection deadline as in China, i.e. a 20-year-long protection beginning from its date of application in China.

The process of China's valid invention patents to take effect in Cambodia differs from other existing international models of sharing patent examination. It's Cambodia's direct recognition of China's granted patent examination results. It is country-to-country, unilateral, and retroactive, thus with better convenience and higher legal value.  In this way, Chinese patentees can avoid lengthy examination procedures, save application costs, and thus get patent right and related protection in Cambodia in a quick and convenient manner. Accordingly, Cambodia will also enjoy a much higher work efficiency and reduce examination costs.  Experts say that this cooperation reflects Cambodia's high recognition of China's patent system, examination efficiency and quality, and granted results, which enhances the value of China's patent licensing and marks the first step of Chinese patents and patent examination going global.  Such effort not only benefits future development of China-Cambodia intellectual property cooperation, but also serves as a model for Sino-foreign pragmatic cooperation in patent examination. It's a historic achievement of patent development in China. The in-depth cooperation and mutual trust in intellectual property between China and Cambodia will better serve the two countries' innovation bodies, push forward the implementation of Common Initiatives for Strengthening Cooperation Between Countries along the "Belt and Road" in the Field of Intellectual Property, and enrich the comprehensive strategic partnership between China and Cambodia.

The press briefing also invited journalists from media outlets such as Xinhua News Agency, China Central Television, Phoenix Television, as well as representatives from patent agencies and businesses. At the briefing, relevant officials from SIPO's International Cooperation Department, the Department of Patent Examination Management of the Patent Office under SIPO, and the Department of Initial Examination and Process Management of the Patent Office answered questions from the press. (Translated from SIPO Website Chinese Version)