Cameroon: Intellectual Property Rights And The ""OAPI"" In Cameroon Part I

INTRODUCTION

The protection of Intellectual property rights is fast becoming one of the major preoccupations of most Governments in a bid to foster and guarantee creative initiative in such domains as inventions, trade marks, and literary as well as artistic works. In Cameroon, this role devolves solely to the "African Organization for the Protection of Intellectual Property " better known by its French acronym "L'Organisation Africaine de la Propriete Intellectuelle" ("OAPI"). It's jurisdiction covers over 14 Central and West African Countries mostly of French expression including Cameroon which in addition hosts the headquarters of the organisation.

1. REASONS FOR CREATION

Although this organisation sought to establish common principles and procedures for the protection of such industrial property rights as patents and invention-related rights, industrial designs, trade marks and logos, three other reasons accounted for its creation:

a) The quest for economic and social development especially concerning creative activities in the technical as well as the literary and artistic domains.

b)The desire to consolidate the creative spirit.

c)Finally, the urge to foster co-operation among member states, to have similar legislative principles and economic motivations, and the existence of closer ties between them in the area of intellectual property.

2. THE REGISTRATION OF TRADE MARKS

While it can be affirmed that the ""OAPI"" will not refuse to register and hence protect any trade mark or patent of which it is satisfied as per its findings fulfil all the requirements, it must equally be said that not all marks are registrable. Notably deceptive or scandalous matter, identical or resembling trade marks, commonly used and accepted names are not registrable.

A. PROCEDURE FOR REGISTRATION

In order to benefit from "OAPI" protection, the applicant has to fulfil a number of administrative and financial requirements.

1. ADMINISTRATIVE REQUIREMENTS

All potential beneficiaries of "OAPI"'s protection shall submit to the "OAPI" an application accompanied by a mode or pattern (bromide) of the trade marks. Where such model is in colour, he shall be required to submit four copies per class.

The application shall mention the full range of goods and/or services covered or intended for coverage by the trade mark.

It shall equally carry the full name and address of the party seeking protection at the base of the form.

A translation with a declaration from the translator shall be required where the main application is neither in French nor English.

The dimension of the model or "bromide " shall in principle not be less than 15 cm in length and 19 cm wide with a thickness of at least 20 mm.

2. FINANCIAL REQUIREMENTS

In addition to the fulfilment of the above cited administrative formalities, the beneficiary must meet certain financial obligations. These levies as charged depend on the various categories of marks and the nature of protection the applicant intends to obtain for his mark. On application for registration of Intellectual right, together with the required documents and financial formalities, a search form is issued in which the name of the mark, the class of the mark and the specimen of mark are filled. It is from here-after that a search is conducted on the register. The purpose of the search is to determine whether or not there is already a similar registered mark like the one seeking registration and whether or not there is similarity with any pending application. It is also to ensure that the mark is not deceptive or scandalous or not in any way disallowed. If search findings prove favourable, the mark is then published under the "OAPI" Notwithstanding, any person who deems it necessary can give notice to the Registrar of opposition to the registration, within a fixed period from the date of publication.

3. REGISTRATION OF PATENTS

As in most other parts of the world, a patent amounts to a right to monopoly granted in respect of an invention.

To be patentable, an invention should be new i.e. it results from inventive activity and capable of industrial application, or the invention constitutes an improvement upon a patented invention as is also new and capable of industrial application.

The right to a patent for an invention rests with the statutory inventor i.e. the person who first files or validly claims a foreign priority for a patent application for the invention, whether or not he is the true inventor.

Even though the usual practice is to name the true inventor as such in the patent, if he is not the statutory owner, it is our submission that this seems to go against the objectives of the "OAPI" as it may provide an opening for the financially powerful to usurp the creative genius of the true inventor thereby encouraging piracy.

4. PROCEDURE FOR REGISTRATION

Under the "OAPI" regulations, the procedure is similar to that for the registration of trade marks. The main difference resides in the fact that the application for registration and grant of a patent shall carry a "specification " which should disclose the invention and describe it in such a way that it can be put into effect by someone skilled in its related field of knowledge.

Secondly it shall bear a claim or claims defining the nature of protection sought. Where the "OAPI" is satisfied with the patent application, it shall cause to be granted the patent without further queries. It shall, as soon as the patent is granted, cause to be published a notification of the grant.

5. INFRINGEMENT OF PATENT RIGHTS

An infringement may occur either through imitation or falsification both of which are actionable and for which the patentee may claim relief by way of damages, injunction, accounts or otherwise. The author of the infringement may also be criminally liable. It is worth noting that the Cameroon Penal Code in Sections 201 - 210 punishes, imitation of patents (Contre Facon), penalties in this respect range from fines to imprisonment.

The content of this article is intended to provide a general guide to the subject matter. Specialist advice should be sought about your specific circumstances.

For further information contact Mr Nico Halle, Tel: (237) 42 64 79 or Fax: (237) 43 26 34; or enter a text search on "Nico Halle Law Firm" and "Mondaq Business Briefing".