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Starting from August 14, 2024, Cambodia will officially implement penalties for late payment of annuity fees for intellectual property assets such as patents, utility models, and plant varieties.
Previously, annuity fee requirements were stipulated in Cambodia’s Patent Law but were not strictly enforced. As a result, patent owners could repay and settle overdue fees at any time without penalty, even beyond the 12-month renewal period or the subsequent 6-month grace period. The new regulations will also apply to utility models and plant variety protection.
From August 14, 2024, after the expiration of the 12-month maintenance fee payment period, patent applicants and owners will still be able to pay the annuity fee during an additional 6-month grace period, but they will incur a daily late fee of 500 Cambodian Riels (approximately USD 0.12).
Furthermore, annuity fees can be paid in advance during the 3-month period before the expiration date. This is a period starting 3 months before the first day of the 12-month payment term. If the annuity fee is not paid after the grace period and the additional grace period, totaling 18 months, the patent will be considered abandoned and will no longer be in effect.
However, even if a patent is deemed no longer valid, the patent owner can still submit a request for reinstatement at any time as long as the patent is still within the protection period, which is 20 years from the date of patent application. A reinstatement fee of USD 25, along with a daily late fee of USD 0.12 per day and the regular maintenance fees, must be paid.
These changes will take effect on Wednesday, August 14, 2024 (six months after Cambodia held a seminar on intellectual property issues). Until that time, applicants and patent owners can still pay any due or overdue annuity fees without incurring any late or reinstatement fees.
However, it is important to note that this is merely a matter of enforcement practice. The regulation on late payment penalties has long been established and in effect but has not been strictly enforced. The date of August 14, 2024, simply marks the beginning of stricter enforcement by the authorities on such violations.
Patent owners who delay the payment of annuity fees at any time as stipulated by law are still in violation and should not consider this as standard practice. Please contact us if you have any questions or would like to receive a quotation for paying specific maintenance fees, or to learn the process to file patent in Vietnam.
ASL Law is a leading full-service and independent Vietnamese law firm made up of experienced and talented lawyers. ASL Law is ranked as the top tier Law Firm in Vietnam by Legal500, Asia Law, WTR, and Asia Business Law Journal. Based in both Hanoi and Ho Chi Minh City in Vietnam, the firm’s main purpose is to provide the most practical, efficient and lawful advice to its domestic and international clients. If we can be of assistance, please email to [email protected].
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