Right Confered By Patent
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.
For the purposes of this Law "exploitation" of a patented invention means any of the following act:
1.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
2.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
The owner of the patent shall have the rights, subject to Article 44 and Article 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.
The rights under the patent shall not extend:
a. 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
b. 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
c. To acts done only for experimental purposes relating to a patented invention; or
d. To acts performed by any person who in good faith, befor 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.
Last updated on: May 21, 2024