The following is a list of some of the intellectual property laws in Cameroon in the order of the most recent:
- Copyright, Decree, 01/11/2001, No. 2001/956 - Decree No. 2001/956/PM of November 1, 2001 laying down the mode for the implementation of the Law No. 2000/011 of December 19, 2000 on Copyright and Neighbouring Rights
- Copyright, Law, 19/12/2000, No. 2000/011 - Law No. 2000/011 of December 19, 2000 on Copyright and Neighbouring Rights
- Genetic Resources (No. 96/12, Framework Law on Environmental Management), Law, 1996 - Law No. 96/12 of August 5, 1996, on the framework law on the environmental management
- Other (Forestry Wildlife & Fisheries), Law, 20/01/1994, No. 94/01 - Law No. 94/01 of 20 January 1994 on Forestry, Wildlife and Fisheries.
How does the law on IP in Cameroon operate and what is the role of OAPI?
ReplyDeleteThank you for your question
ReplyDeleteIt is important to note that cameroon is a member of the African intellectual property organisation and the main text used in enforcing i.p law in the o.a.p.i. region is the BANGUI AGRREMENT.
Thus for the enforcement of i.p law in cameroon we always make reference to the Bangui Agreement except in specific situations where we may refere to our national laws where the law makes provision,
In enforcing i.p law in cameroon we have the o.a.p.i. which acts as an administrative institution which deals with industrial property while we have other bodies like the socam which handles literary and artstic works,and the main text used here is the 2000law on neighbouring rights and authors rights.Tthe o.a.p.i. plays a mayor role in enforcing i.p law whereby oustide the fact that it registers industrial property like trademarks,utility models,industrial designs and others it also has an administrative court that see into procedures like opposition and others
For more details i refere you to the Bangui Accord
Best regards
Barrister bejuka mildred
Patent and Trademark attorney
Thanks for the heads up.
ReplyDeleteyou welcomed
ReplyDeleteits great post..interesting
ReplyDeleteSure, she's doing a great job in sensitizing people on IP issues in Cameroon and the world. We can only encourage such actions.
ReplyDeleteThanks for your words of encouragements. We all together have to make everyone know all these issues.
ReplyDeleteHello, i was wondering if i could get a clearer inside of how the IP right of Cameroon covers works and properties from companies not in Africa lets say from Australia.Point is i was welling to purchase a special machine from a company in south Africa. But after first communication the sale agent made it clear they are not interested in doing business with Cameroon saying they are scared their technology will be copied his actual words being
ReplyDelete" Sir unless proven upon reasonable doubt , we do not do business with Cameroon due to the lack of respect for intellectual property rights since if you sell you our machine and copies the design and we have no protection the design is pirated by everyone and we go out of business, so to do any business with Cameroon we have to be more than convinced we have protection from pirates and also You can assure us that you will not pirate our technology - from Cameroon,"
so after asking what is needed by a company to be able to buy their machines he wrote
"we sell only to Countries where there are IP rights that are upheld - Purchase of a license - payment of annuities on 5% gross revenue"
i would be glad if u can give me a little inside on this issues since i taught if Cameroon is a member the OAPI that means we hold the IP right to a high esteem.i will be more than glad to know what to do or how to proceed with this since it is rather frustrating for a young entrepreneur like me.
Good day and thank you for the mail.
Deletethe first any inventor has to do is to protect his/her patent.
in this case you must first encourage your south african partners to come and protect their invention with o.a.p.i
they should also have in mind we have pirates every where even in jurisdictions where your patents has been registered.
so if they intend exploiting their patent in cameroon they should first register the patent .
for the annuity i think it depends on who is paying.
kind regards
mildred
Hello! Can u tell me about the OAPI common patent law by simply stating it. And, also will pharmaceutical patents on treating a disease, say HIV, be treated as a patent by the OAPI? Thanks a ton! :)
ReplyDeleteHello all,
ReplyDeleteapart from the Bangui Agreement and the 2000 law on copyrights and neighboring rights, can Cameroon use any other international ratified treaty to ensure the protection of an ip right?
Of cause, provided such an instrument is 1. adopted in parliament and 2. ratified by the head of State in due compatibility with national laws. For now Bangui accord, the 2000 law on copyrights and neighboring rights and the OAPI can centre focus on your jurisdiction. However, Cameroon is signatory to several other international treaties such as; Beijing Treaty on Audiovisual Performances ...
DeleteMarrakesh Treaty to Facilitate Access to Published Works for Persons Who Are Blind, Visually Impaired or Otherwise Print Disabled ...
Singapore Treaty on the Law of Trademarks ...
Patent Cooperation Treaty (January 24, 1978)
Convention Establishing the World Intellectual Property Organization (November 3, 1973)
Paris Convention for the Protection of Industrial Property (May 10, 1964)
Berne Convention for the Protection of Literary and Artistic Works (January 1, 1960). You only need to find out which corresponds to your work and the steps towards approaching same.
Great Job Barister Mildred.
Regards,
Ateh
Political Economist
thomsonateh.edu@gmail.com
What are the challenges faced in the protection of contemporary arts under the copyright system in Cameroon?
ReplyDelete