The following legislation governs trademarks in 15 Central and West African Countries mostly of French expression including Cameroon.
- The 1977 Accord relative to the creation of African Organisation for the protection of Intellectual Property.
- The Paris convention of 20 March 1983 relative to the Protection of Industrial Property.
- The Berne convention of 9 September 1886 relative to the Protection of literary and Artistic works.
- The Hague agreement on the International filing of designs or industrial models of 6 November 1925 as revised in Stockholm on 28 November 1960 and on 31 October 1958.
- The Lisbon agreement on the protection of original appellations and their international registration of 31 October 1958 as revised in Stockholm on 14 July 1967.
- The convention constituting World Intellectual Property Organisation (W.I.P.O.) signed in Stockholm on 14 July 1967.
- 1972 Bangui Accord.
- The 19 June 1970 Treaty of co-operation on patents,
- The 12 June 1973 treaty on the registration of marks.
- 1962 Libreville Accord.
REGULATORY BODY
The protection and guaranteeing of Intellectual Property Rights in Cameroon is the principal responsibility of the "African Organisation for the Protection of Intellectual Property" better known by the French acronym as "l'Organisation Africaine de la Propriete Intellectuelle" ("OAPI"). All the activities of the "OAPI" are co-ordinated from Yaounde's headquarters in accordance with the 1972 Bangui Accord.
OBTENTION OF RIGHT TO TRADEMARK
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 trademarks).
The application shall mention the full range of goods and/or services covered and names and addresses of parties seeking protection and classes in which the mark is to be protected.
2 FINANCIAL REQUIREMENTS
The beneficiary must also meet certain financial obligations. The fees as charged depend on the various categories of marks and the nature of protection sought Upon application a search form is issued in which the name of the mark, the class and specimen are filled. It is from here that a search is conducted in the register to determine whether or not there is already a similar registered mark to the one pending registration and whether or not there is already a similarity with any pending application. If search findings prove favourable the mark is then published under the "OAPI" Opposition to publication is tenable within an indicated deadline. It therefore stands to reason that the right to a trademark is based on the first-to-file rule.
MARKS THAT CAN BE -REGISTERED
- Marks that have not yet been registered.
- Marks that are not defective.
- Marks that are not scandalous
- Marks that are not similar or resembling already registered ones.
- Names that are not commonly used.
- Marks that are not deceptive.
PROCEDURE FOR LICENSING TRADEMARKS
Licensing of trademark is reached by Franchise between the Franchisor and Franchisee after the registration of the mark with the "OAPI" Agreement to license a mark must contain the object of licence, duration, registered mark, area where the mark is to be used, jurisdiction, and licencee and licensor. Upon completion of a franchise deal and registration of same, notification has to be made to the trademark authority.
COMPANY NAME/ LEGISLATION
The following legislation governs company name:
- The code Civile (Francophone Cameroon)
- Company ordinance cap 37 of 1948 revised laws of Federation of Nigeria (Anglophone Cameroon)
- The Commercial Code (Francophone Cameroon)
PROTECTION OF COMPANY NAME
Protection of Company name is based on the following :
- Registration of such name with the "OAPI"
- Incorporation of the said company with respect to local legislation.
- Declaration to the Registrar of Companies.
- Infringement is punishable by the Cameroon Penal Code.
REGISTRATION OF COMPANY NAME/PROCEDURE
This is done by application to the registrar of Companies. Such application must contain the seat, address, and name of company.
Application for renewal or change of company name must state reasons for change of name and the decision of shareholders to renew or change company name.
Company name must not be scandalous, deceptive or similar to another name already registered. Transfer or assignment of a registered name is done by an agreement drafted by a public Notary which agreement must be registered.
Thereafter, the registrar of companies is informed of such decision and agreement to transfer or assign the name.
COPYRIGHT
The "OAPI" sensitises member states and their nationals on the necessity of ensuring the protection of literary and artistic property. It also promotes the creation of national authors' Associations and bodies to cater for the protection of authors' rights. In Cameroon the Ministry of culture and SOCINADA are the only administrative bodies charged with the protection of copyright. There is no specific local legislation for copyright and its protection. This lack of local legislation on copyright has rendered authors, composers, artists, musicians, photographers etc. unprotected from unlawful reproduction of their literary, dramatic, musical and artistic works.
The Ministry of Culture in Cameroon has recently issued circulars governing management and protection of cinematographic films and broadcasts. Copyright will only protect a category of works recognised by the Ministry of culture and SOCEVADA, and the rights can only be exercised by the owner or someone deriving title from him.
PATENTS
PROCEDURE FOR REGISTRATION
Under the "OAPI" regulations, the procedure is similar to that for the registration of trademarks. 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.
Obtention of patent is also based on first-to-file rule.
RIGHTS CONFERRED BY A PATENT
As in the case with the trademarks, a patent confers a right of exclusive exploitation of the invention. The patentee obtains the right to preclude others from importing the product, selling or making it.
REVIEW OF PATENT
The duration for the validity of a patent is 1O years but which maybe extended to 20 years through two prolongations of 5 years each. Review of patent is by an application and payment of a fee.
INFRINGEMENT OF A PATENT
A patent can be infringed by the exploitation of the invention by another person, importation of the product, selling or making of the product without authorisation. Infringement can also occur through imitation or falsification.
ACTION AGAINST INFRINGEMENT
In an event of infringement of a patent, 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 nothing 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 same remedies apply to infringement of trademark.
NOTE: The content of this article is intended to provide a general guide to the subject matter. Specialist advice should be sought for specifics.
For further information contact Mr Nico Halle, Tel: +237 42 64 79 or Fax: +237 43 26 34 or enter text search 'Nico Halle Law Firm' and 'Mondaq Business Briefing'.