When you get a patent grant in Cambodia, you need to know how to enforce your rights. When someone infringes your Cambodia patent, you have two options: civil litigation and criminal prosecution.
In this guide, you’ll learn how both of these works and how it can benefit you as the owner or licensee. Read on and find out more.
When you’re filing for a civil infringement suit, both the patent owner and a licensee must bring it. If you’re the owner, a licensee should notify you first. You can decide whether you’ll file the civil suit before them.
Your licensees can bring the civil suit on their own if you refuse to do it. With that, the court has the right to award monetary damages. It also has the power to release temporary restraining orders to either stop the infringement or preserve viable evidence.
Take note, pursuing a civil procedure in the civil court of Cambodia can be difficult. It’s a time-consuming and expensive endeavor. It’s due to the Cambodian Judiciary system’s issues.
If you decide to pursue this action, know that you’ll have proper compensation. After all, the civil court has the sole authority to grant damages.
When someone infringes your Cambodia patent, it’s considered as a criminal offense. This means the party that infringes your patent will pay a fine that ranges between $1200 and $5000. They can also get imprisoned within 1-5 years.
If these people continue to infringe on your patent, they will receive double the fine and imprisonment terms. Also, if found guilty, a person infringing a patent or a utility model might get their good confiscated or destroyed by the court. With such heavy penalties, it means you won’t need to worry about patent infringement in Cambodia a lot.
If you get a patent grant for your invention, you can get protection for a maximum of 20 years. As for utility models, you can only expect it to have protection for around seven years. The caveat is that the latter will have no means of renewal.
Take note, you need to pay the annual patent validity maintenance fee for patent grants. It starts cheap but will increase the longer you want to maintain your protection. If you’re filing for a utility model protection, it will cost around $80.
In most cases, you can solve copyright infringement using private mediation. Make sure to get professionals to facilitate it. It’s more effective than the conventional methods of enforcement, so you need to consider it as an option.
If you need to get professional help of your patent application, please contact us for free consulation. We are the Hong Kong patent application grant (PAG) authorized patent agent and can help you to apply for the said grant and international patent application and/or trademark registration.
Did you find this article useful? If so, read our other posts and learn about other IP laws, trademark and patent application.
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