Under Cambodia’s patent law, pharmaceuticals are now excluded from patent protection [Article 4(iv) and Article 136 of the amended Law on Patents (Royal Kram Nº NS/RKM/1117/016)].
Article 136 – The pharmaceutical products mentioned in article 4 of this law are excluded from patent protection until January 01, 2016, in accordance with the Declaration on the Agreement on Commercial Aspects of Intellectual Property Rights and Public Health of the United Nations Ministerial Conference. Trade Organization dated November 14, 2001 in Doha, Qatar.”
Under the Pharmaceuticals Management Law promulgated by Kram No. ChS/RKM/0696/02 of June 17, 1996 and amended by the National Assembly of the Kingdom of Cambodia on November 8, 2007, a pharmaceutical is a several types of substances that are primarily derived from chemicals, bioproducts, microbes, plants combined for use in the prevention or treatment of human or animal disease, or for use in medical research or diagnosis or pharmaceutical, or to modify or support the functioning of the organs.
Accordingly, the following products will be considered as pharmaceutical products and excluded from protection in Cambodia:
- serum and vaccines,
- Blood or blood products,
- traditional medicines,
- Products which are composed of poisonous substances, which are included in a list determined by sub-decree.
This derogation would also apply to European, Singaporean and Chinese patents protecting pharmaceutical products, the validation of which is requested in Cambodia.
In addition, Cambodia currently benefits from the World Trade Organization waiver allowing Least Developed Countries (LDCs) to avoid granting and enforcing intellectual property rights on pharmaceuticals until 2033.
Post in India
The creation of the World Trade Organization (WTO) brought about a paradigm shift in world trade. The agreement on (aspects of) trade-related intellectual property rights (TRIPS) was negotiated during the round of trade negotiations of the General Agreement on Tariffs and Trade (GATT) in Uruguay and the pharmaceutical industry was one of the main reasons for incorporating intellectual property issues into the GATT framework. India became a signatory to GATT on April 15, 1994, which required compliance with GATT requirements, including the TRIPS Agreement.
Therefore, India is bound by the minimum standards provided by the TRIPS Agreement with respect to patents and the pharmaceutical industry. Patents must be granted for a minimum term of 20 years to any invention of a pharmaceutical product or process that meets the established criteria.