Sunday, February 25, 2018

Accession to the PCT by Cambodia

cambodia-PCTCambodia acceded as the 151st member to the Patent Cooperation Treaty (PCT) on 8 September 2016. The PCT will come into force in Cambodia since 8 December 2016. It means that PCT patent applications can be filed in Cambodia national phase since 8 December 2016.

As you may be aware, the PCT came into existence in 1970 and has been subsequently amended for several times. In 1978, the PCT came into effect with only 18 contracting states but has grown over the last 38 years into a sizable system with the total number of 151 members. The purpose of the PCT is to streamline the initial filing process, making it easier and cost effective to file a patent application in a large number of countries. The PCT process consists of two main phases. The first phase, i.e. international phase, begins with the filing of an international application. The second phase, i.e. national phase, consists in that the international application enters countries where the applicant wants to seek a patent and is examined under the national patent laws.

We note that the duration for a PCT patent application to enter Cambodia national phase is 30 months computed from the priority date. The procedures and the process for prosecuting a PCT patent application in Cambodia national phase are basically the same as those for a general patent application there.

Should you have any questions in the meantime, please feel free to let us know.

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Vietnam attends 56th WIPO General Assemblies

Vietnam is participating in the fifty-sixth series of meetings of the Assemblies of the Member States of the World Intellectual Property Organisation (WIPO) in Geneva, Switzerland, from October 3-11.

At the 56th WIPO General Assemblies

Speaking at the opening ceremony, WIPO Director General Francis Gurry said the organisation had contributed to protecting intellectual property (IP) over the past year.

Representatives of 189 member countries will discuss difficulties in the field, he added, naming “complexity” as the major challenge.

“The nature of intellectual property itself and its role in an economy in which value resides increasingly in intellectual assets, and in which technology and innovation are developing at accelerating speeds, is now inherently more complex”, he said.

Deputy Minister of Science and Technology and Director General of the National Office of Intellectual Property Tran Viet Thanh said Vietnam welcomes the accomplishments that WIPO has gained and believes the organisation is the international leader in creating political forums to build global IP systems.

Vietnam vows to play an active role in setting an effective IP rights protection in the country and hopes to co-operate with the WIPO and its partners in the years to come, he said.

The Southeast Asian nation also wants to receive WIPO assistance in building a national IP strategy and participate in international IP treaties.

On the sidelines of the event, the Vietnamese delegation had bilateral meetings with partners from Singapore, Australia, the US, the European Patent Office, the US Patent and Trademark Office, and the French National Institute of Industrial Property.

At a separate meeting with WIPO Director General Francis Gurry, Deputy Minister Thanh thanked the organisation for helping Vietnam improve its IP human resources and infrastructure.

Source dtinews.vn

Deputy PM urges intellectual property reforms

Deputy Prime Minister Vũ Đức Đam has asked the National Office of Intellectual Property (NOIP) for radical reforms to better promote scientific and technological innovations in Việt Nam.— Photo nhandan.com.vn
 
Deputy Prime Minister Vũ Đức Đam has asked the National Office of Intellectual Property (NOIP) for radical reforms to better promote scientific and technological innovations in Việt Nam.

“Simplified procedures could encourage more inventors to register for IP rights protections,” he said when visiting NOIP on Thursday.

Organisations, individuals and business were concerned most about administration procedures and cost, he said. He asked the NOIP office to review current processing procedures and seek measures to reduce the time expended on each application.

Phạm Việt Thanh, Deputy Minister of Science and Technology and head of the National Office of Intellectual Property, said that from 2011-15 the office received more than 390,000 applications for IP right protection, of which, nearly 340,000 were solved and over 50,000  unsolved.

Applications continue to increase both in quantity and in levels of complication, requiring more time to verify and assess, he said.

“The number of unsolved applications is a result of insufficient infrastructure, staff and cumbersome procedures,” he said.

He added that another difficulty is finance: application cost has remained unchanged for years and is much lower than in neighbouring countries.

For example, in Việt Nam, inventors pay VNĐ 1.26 million (US$56) to have an invention assessed, but the rate in Malaysia is 4.7 times higher, in Philipines 1.3 times higher and in Singapore 32.8 times higher.

Lê Huy Anh, Head of Patent No2 Division, said that the NOIP still requires written register applications but that it expects to receive e-applications by the end of this year.

Head of Enforcement and Complaint Settlement Division Nguyễn Thanh Hồng said that under the Law on Intellectual Property and relevant legal documents, assessors must not directly contact applicants.

“Few tiny mistakes in an application form must be informed by mail, which can take a few weeks for mistakes to be corrected. If allowed, e-mail can help save much time,” he said.

Moreover, about 90 per cent of applications by foreign businesses or individuals are submitted not only in Việt Nam but also in other countries, pushing the need for stronger technology systems that help assessors connect and share assessment results.

Deputy PM Đam said that regulations on IP assessment cost must be in line with international practices but still affordable for domestic inventors.

“To major foreign enterprises, they prioritise transparency, time saving and law enforcement, rather than the sum paid for IP assessment,” he said, noting that the NOIP should learn from the experiences of other countries for better performance. — VNS

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