Request for hearing

Article 39 The hearing shall be conducted as follows:

Before exercising any discretionary power granted to a list officer by law or by this proclamation to any person without prior approval, the book official must notify the person in writing of the opportunity for the hearing and specify the time. Not less than one (1) month for the application for the hearing.

The application for the hearing must be made in writing.

3. Upon receipt of the hearing request, the registrar shall notify in writing the date and time of the hearing not less than two (2) weeks prior to the hearing date to the applicant. And other relevant persons.

Complaints and registrars

Article 124: Decision of the Ministry in charge of Industry under this Law, in particular the issuance of patents, the issuance of certificates of useful models, the registration of industrial drawings, the rejection of applications for the issuance of patents. Rejection of the application form for certification of useful models or rejection of the application form for registration of industrial drawings may be the subject of a complaint by the relevant parties to the competent court. The complaint must be filed within three (3) months from the date of the decision.

Violations and illegal activities

Article 125: Violation is the practice of violating the rights in the Kingdom of Cambodia as stated in Section 9 of Chapter 2 and Section 7 of Chapter 5 of this law by another person and without Consent from the owner who has received the right to protection.

Article 126: According to the complaint of the licensed owner or the licensee, after requesting the owner to file a complaint to the competent court to resolve a specific matter, but the owner refuses or fails to comply with the request. The competent court may issue interim decisions to prevent violations or violations that are imminent, decide to compensate for damages and provide solutions as provided by other laws in force.

Article 127: In the case of the object of patent, patent, or model certificate, which is beneficial to the production process and is accused of infringing by creating a product through the use of the plaintiff’s production process, that is not to be charged. It does not matter if the product is a new product and the alleged perpetrator provides evidence that the product was not manufactured in accordance with the alleged production process. No.

Article 128 In requesting evidence before the trial, in accordance with Article 127 of this law, the competent court must take into account the legitimate interests of the person accused of abuse without disclosing the facts. Confidentiality of production and secrecy of the business of the accused.

Conflict resolution

The Department of Industrial Ownership has the authority to establish dispute resolution mechanisms related to the patenting system and the return of useful patents as needed.

Annulment

Article 65: The person concerned may request the competent court to annul the patent.

Article 66: The jurisdiction of the court shall be null and void if the person requesting the annulment shows evidence that any of the requirements of paragraphs 2 and 3 of articles 3, 4 and 9 and Articles 18 to 20 of this law are not sufficiently fulfilled, or if the patent holder is not an expert or a successor to the lawyer.

Article 67: For patents that are considered null and void or claims or parts of claims that are considered invalid from the date of issuance of the patent.

Article 68: The final decision of the competent court shall be notified to the registrar so that the registrar can record and publish the court’s decision as soon as possible.