Enhancing Intellectual Property Rights in Cameroon

Challenges and the way forward

By Joe Eyong Assoua,

The World Intellectual Property Organization (WIPO) defines intellectual property as the creations of the mind: inventions, literary and artistic works, and symbols, names, and images used in commerce. Intellectual property is divided into two categories: Industrial Property which includes patents for invention, trademarks, industrial designs, and geographical indications. Copyright which includes literary works such as novels, poems and plays, films, musical works, artistic works such as drawings, paintings, photographs and sculptures, and architectural designs. Rights related to copyright include those of performing artists in their performances, producers of phonograms, and those of broadcasters in their radio and television programs.

Intellectual property rights are like any other property rights-they allow the creator, or owner, of a patent, trademark, or copyright to benefit from his or her own work or investment. These rights are outlined in article 27 of the Universal Declaration of Human Rights, which sets forth the right to benefit from the protection of moral and material interests resulting from authorship of any scientific, literary, or artistic production.
The TRIPS Agreement on Intellectual Property Rights
The Trade-related Aspects of Intellectual Property Rights (TRIPS) Agreement covers five broad areas:
How the basic principles of the trading system and other international intellectual property agreements should be applied;
How to set minimum standards for the protection of IP;
How to set minimum standards for the enforcement of those rights;
How disputes on IP between members of the WTO should be settled, and
Special transitional arrangements during the period when the new system is under implementation De Vylder (2007)
TRIPS also make provisions for the settlement of disputes between WTO member countries regarding their TRIPS obligations through the WTO binding dispute settlement procedures.
WIPO and Intellectual Property Rights Protection
WIPO is an intergovernmental organization dedicated to helping to ensure that the rights of creators and owners of intellectual property are protected worldwide and that investors and authors are thus recognized and rewarded. WIPO exists as a forum for its Member states to create and harmonize rules and practices to protect intellectual property rights. Developing countries are building up their patent, trademark, and copyright laws and systems; WIPOs role is to help these new systems evolve through treaty negotiation, legal and technical assistance, and training in various forms, in the area of enforcement of intellectual property rights. WIPO also provides global registration systems for patents, trademarks, and industrial designs and also works with member states to demystify intellectual property from the grass-roots level through the business sector to policy makers to ensure that its benefits are well known, properly understood. (WIPO hand book).
Intellectual Property Protection in Cameroon
The African Intellectual Property Organization (Organisation africaine de la propriete intellectuelle-OAPI) was established by the Bangui Convention of 2 March 1977. It is the Law regulating intellectual property practice in Cameroon. The following countries are members of OAPI: Benin, Burkina Faso, Cameroon, Central African Republic, Chad, Congo, Ivory Coast, Equatorial Guinea, Gabon, Guinea, Guinea Bissau, Mali, Mauritania, Niger, Senegal and Togo.
The Organization comprises three institutions:
An Administrative Council which defines OAPI’s policy and ensures the proper implementation of its law;
A General Management which executes the decisions of the Administrative Council; and
A Higher Committee of Appeal which examines appeals against refusals to register intellectual property rights. (Martor, Pilkinton, Sellers and Thouvenot 2002)
OAPI’s overall objective is to be closely involved in the technological development of its member States. In order to achieve this goal, OAPI seeks to:
Ensure the protection and the publication of intellectual property rights by a common registration for every member States; as a result, the filing of an application for registration within one of the OAPI member States or with OAPI itself is deemed to be a national filing in each member State and produces rights in each member State.
Make the legal framework attractive to private investment by creating conditions that are favorable to the effective application of the principles of intellectual property; and encourage creativity and the transfer of technology (Martor, Pilkinton, Sellers and Thouvenot 2002)
OAPI has drawn up legislation in ten fields of intellectual property, including patents, trademarks or trade names and industrial drawings or models, geographical indications and appellations of origin, literary and artistic property, protection against unfair competition, topographies of integrated circuits, and protection of plant varieties. The law also governs searches of anteriority, searches of identity, renewals of rights and extension of coverage to and from new adherent to the organization. The original Bangui Convention of 1977 was revised in February 1999, and the revised version entered into force in February 2002. This revision was meant to align OAPIs legislation in conformity with international convention notably the accord on ADPIC. As a result, certain procedures which were rather cumbersome under the original Convention have been simplified. In particular the registration of license agreements, which originally required prior submission of the agreement to the national authorities for review, is now exempt from this requirement (Agreement of 24 February 1999 revising the Bangui Convention of 2 March 1977 on the creation of an African Intellectual Property Organization)
Emperics
Enhancing Intellectual Property Rights in Cameroon and Challenges Faced
There are several compelling reasons why we should promote and protect intellectual property. First, the progress and well-being of humanity rests on its capacity for new creations in the areas of technology and culture. Second, the legal protection of these new creations encourages the expenditure of additional resources, which leads to further innovation. Third, the promotion and protection of IP spurs economic growth, creates new jobs and industries, and enhances the quality of life. (Excerpts from the WIPO IP hand book).
An efficient and equitable IP system can help us realize IP’s potential as a powerful tool for economic development and socio-cultural welfare. The IP system helps strike a balance between the interests of the innovator and the public interest, providing an environment in which innovation, invention and creativity can flourish. IPRs should therefore be protected to encourage and reward creative work, for technological innovation, to ensure fair competition practices, for consumer protection against counterfeits and the transfer of technology which is vital for industry growth. The benefits accruing form the protection of IPRs in Cameroon trickles down from the top echelon to the lower echelon of the social ladder. This makes the economy better off and oils the wheels of development and human endeavors.
Some of the challenges encountered in intellectual property protection in Cameroon include:
1.Customs Tradeoffs and border control
2.Corruption and lack of transparency
3.Inadequacy of IP laws and weak judiciary
4.Lack of capacity building in skills, human resource, and funding
5.Poor coordination, co-operation amongst institutions and stakeholders
6.Weak institutions that is unable to enforce IP laws.
7.Lack of strategic leadership, poor strategic planning, thinking and lack of good governance at the level of institutions.
8.Awareness at the grassroots level and the business community
Moving Forward
Cameroon like many other African countries has a good framework of laws and regional initiatives to protect IP rights, but still lack capacity which is key in making them more effective. In all of the OAPI member countries, there is a considerable shortage of capacity, at several levels of administration and enforcement, which to a greater extent undermines the commendable spirit and purpose of the organization. To attract investments in new products and technology in Cameroon will require tough IP laws, strong legal institutions and a strong will on the part of the government to implement and reinforce IP laws. Intellectual property is not an end in itself, but a means to an end, and that end is development. IP can be seen as a tool to economic development and economic welfare.
There is the need for capacity building and training in intellectual property rights. Attention should be given to both the human and financial capacity.
Creation of a customs unit that is responsible for the fight against counterfeiting and piracy to strengthen the enforcement of IP laws and effective border control by customs officials.
The IP laws are weak and inadequate. Our law makers still need to take more steps to reform our IP legal landscape and strengthen judicial enforcement of IP laws through provisional measures, damages, ancillary orders, and evidentiary rules.
 Co-ordination and co-operation amongst the various actors and players at the national level in ensuring the respect of intellectual property laws is vital. The fight against piracy and counterfeiting would have greater chances of success in Cameroon if it is a co-ordinated one, involving all relevant stakeholders, such as relevant ministries and agencies such as intellectual property offices, customs, police and judiciary.
Public awareness and co-operation at the grassroots. The fight against piracy and counterfeiting has to involve the public, since it is its purchasing power which fuels these practices. National anti-piracy and anti-counterfeiting campaigns could be used to indicate the link between IP, crime, health safety, job losses and economic welfare.
Right to information is a valuable tool in the fight against piracy and counterfeiting in Cameroon. This will enable right holders to identify the key persons involved in infringing activities and the chain of distribution.
Right holder co-operation and collaboration. It is in the best interest of right holders to co-operate since they have the largest immediate benefits resulting from protection of IP rights. They should assist in enforcement efforts by providing relevant information to help identify infringing products and co-operate in training and awareness campaigns.
Joe Eyong Assoua is a Researcher at the Centre for Independent Development Research (CIDR), Cameroon. www.cidrcam.org