Cambodia (KH) to recognise European Patents as National Patents
From 1 March 2018, at the applicant's request, it will be possible to designate Cambodia as a “validation state” in European patent applications. After grant of the European patent and validation in Cambodia, they will confer essentially the same protection as patents granted by the EPO for the now 38 member states of the European Patent Organisation.
Pharmaceutical products exclusion - it is important to note the fact that under the Law on Patents in force in Cambodia, pharmaceutical products are excluded from patent protection. Cambodia currently benefits from the World Trade Organisation waiver allowing Least Developed Countries (LDCs) to avoid granting and enforcing IP rights on pharmaceutical products until 2033. This waiver would also apply to European patents providing protection for pharmaceutical products, for which validation is sought in Cambodia.
Validation for Cambodia will be deemed requested for any European or international application filed on or after 1 March 2018. It is not available for applications filed prior to that date, or for any European patents resulting from such applications. The validation fee is EUR 180, which must be paid to the EPO within six months of the date on which the European Patent Bulletin mentions the publication of the European search report, or, where applicable, within the period for performing the acts required for an international application's entry into the European phase. This is similar the procedure regarding extension states and the same as that regarding the other validation states, Morocco, Moldova and Tunisia.
If clients who are filing new applications on or after 1 March 2018 are interested in extending protection to Cambodia, they should speak to their usual representative about the best course of action.