RESTRICTEDWORLD TRADE
ORGANIZATIONIP/C/W/302
6 July 2001
(01-3381)
Council for Trade-Related Aspects
of Intellectual Property RightsOriginal:  French
REVIEW OF LEGISLATION
Responses by Cameroon to Questions Posed by
Canada, the United States, Japan and Switzerland
By means of a communication from the Permanent Mission, dated 21 June 2001, the
Secretariat has received the following responses to the questions posed by Canada, the United States,
Japan, and Switzerland, which were circulated in documents IP/C/W/245, 240, 238, and 239
respectively.
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GENERAL COMMENTS
Industrial property
With respect to industrial property, the revised Bangui Agreement has taken into account the
measures called for in parts I, II and III of the TRIPS Agreement. The Bangui Agreement has the
force of domestic law in this field.
However, Cameroon is preparing domestic legislation to strengthen protection of the
industrial property rights arising from the TRIPS Agreement.
Literary and artistic property
With respect to literary and artistic property, Law 2000/011 of 19 December 2000 has taken
into account the measures called for in Parts I, II and III of the TRIPS Agreement.
CANADA
1. Please describe how the enforcement obligations (Articles 41-61 of the TRIPS
Agreement) have been implemented.
Industrial property
Cameroon has ratified the revised Bangui agreement of 24 February 1999, which takes into
account the obligations established in Articles 41-61 of the TRIPS Agreement.  Reinforcement
measures have been taken, particularly:
• Establishment of a national committee to implement and monitor the TRIPS
Agreement.IP/C/W/302
Page 2
• Revision of the Civil Code, the Criminal Code and the Customs Code, which is under
way.
Literary and artistic property
Cameroonian legislators have implemented the obligations stemming from Articles 41 to 61
of the TRIPS Agreement in Section VI of the Law (which deals with infractions, penalties and
procedures).
The legislation makes particular reference to:
• Court injunctions (Article 89 of the Law, Article 44 of the Agreement).
• Provisional measures (Articles 85 to 88 of the Law, Article 50 of the Agreement).
• Border measures (Articles 90 and 91 of the Law, Articles 51 to 60 of the Agreement).
• Criminal procedures (Articles 80 to 82 of the Law, Article 61 of the Agreement).
• Damages (Article 83 of the Law, Article 45 of the Agreement).
2. What protection does your copyright legislation afford to "foreign works"?
Law 2000/011 provides protection abroad for "foreign works" under international conventions
on copyright and neighbouring rights.  Contingent on reciprocity, foreigners are entitled to their
copyrights in Cameroon (Article 93 of the Law).  Their rights are protected under the law in question
and not under a foreign law.  Prerequisites such as determination of the status of the holder are also
regulated domestically.
UNITED STATES
A. GENERAL
1. Please describe, in relation to each form of intellectual property covered by the TRIPS
Agreement, including plant variety protection, the manner in which national treatment and
most-favoured-nation treatment are provided to nationals of other WTO Members.
The revised Bangui Agreement does not establish any discrimination between national
treatment and most-favoured-nation treatment.
B. COPYRIGHT AND RELATED RIGHTS
2. Please explain whether and how the copyrigh t law of Cameroon complies with Article 9
of the TRIPS Agreement requiring that Members co mply with all Articles 1 through 21 of the
Berne Convention (1971), except Article 6 bis, since Members do not have rights or obligations
relating to the latter Article under the TRIPS Agreement.
The Law of 19 December 2000 complies with Article 9 of the TRIPS Agreement.  It protects
all literary and artistic works, such as books, lectures, musical compositions and audiovisual works
(Article 3).  These works include originals and derivative works such as translations, adaptations,
arrangements and collections (Article 4).IP/C/W/302
Page 3
It does not protect ideas or official texts (Article 3.4).
Works are protected simply by virtue of their creation (Article 13).  Fixation on a material
support is not a prerequisite for protection.
The Law provides for patrimonial rights (Article 15):
• Right of reproduction;
• right of representation;
• right of distribution (sale, rental...);
• right of transformation (adaptation, arrangement, translation);
• droit de suite.
It also provides for moral rights:  the right of  publication, the right to claim authorship, right
to reconsider and withdraw, the right of integrity (Article 14).
It allows for many exceptions to patrimonial rights, provided they do not adversely affect the
normal exploitation of the work or cause unjust damage to the author’s interests (Article 29).
3. Please explain how the copyright law of Cameroon protects computer programs as
literary works and compilations of data as required by Article 10 of the TRIPS Agreement.
Article 3 protects "literary works, including co mputer programs".  As derivative works, the
law protects "collections of works, including expressions of folklore and straightforward facts and
data, such as encyclopedias, anthologies, and compilations of data, whether in machine-readable or
some other form which, by the choice of subject-ma tter or its arrangement, constitute original works"
(Article 4.2).
4. Article 11 of the TRIPS Agreement requires that rental rights for computer programs
and cinematographic works be available.  Please  cite to the corresponding provision of the
copyright law of Cameroon.
The law includes rental rights under the "right of distribution", with no limitations whatsoever
on computer programs or cinematographic works (Articles 15 and 19).
5. Please state the length and terms of protection the copyright law of Cameroon provides
for a work other than a photographic work or a work of applied art and cite to the relevant
provision of law.
Patrimonial rights last for the life of the author  and for 50 years after his death or the death of
the last surviving contributor (Article 37).  No specific duration is established for rights over
photographic works.IP/C/W/302
Page 4
6. Please describe the protection the copyright law of Cameroon provides for performers,
and the term of the protection.
Performers enjoy the exclusive right to perform or to authorize communication to the public
of their interpretations (including in such a way that members of the public may access the worksfrom a place and at a time individually chosen by them), their reproduction, their distribution for sale,
exchange and rental to the public (Article 57).  Pe rformers also have the right to respect for their
names, status and interpretation.  Patrimonial rights last for 50 years as from:
• The end of the calendar year in which the interpretation was fixed.
• The end of the calendar year in which an unfixed interpretation was given.
7. Article 14.2 of the TRIPS Agreement provides that producers of phonograms are to
enjoy the right to authorize or prohibit the direct or indirect reproduction of their phonograms.
Article 14.2 requires that producers of phonograms are to have the right to authorize or
prohibit the commercial rental to the public of originals or copies of their phonograms.  Please
describe how the copyright law of Cameroon impl ements these obligations and indicate the term
of protection.
[No response received]
C.
TRADEMARKS
8. Please describe the subject-matter that can comprise a trademark under the trademark
law of Cameroon.
See Articles 2 and 3 of Annex III of the revised Bangui Agreement of 24 February 1999.
9. Please describe the procedure that must be followed to register a trademark in
Cameroon, citing the relevant provisions of the law, and describe the rights that the owner of a
registered mark can exercise.
See Articles 8 to 19 of Annex III of the revised Bangui Agreement of 24 February 1999.  For
the rights conferred by registering a mark, see Article 7 of the same Annex.
10. Please provide the length and terms of protection that the trademark law of Cameroon
provides for a trademark.
For the length and scope of protection, see Ar ticles 13 and 19 of An nex III of the revised
Bangui Agreement of 24 February 1999.  Protectio n extends to all 16 member States of AIPO.
D. GEOGRAPHICAL INDICATIONS
11. Please describe in detail how the laws of Cameroon provide for the recognition and
protection of geographical indications required by Article 22.2 of the TRIPS Agreement, citing
to the relevant provisions of law or regulation, and provide examples of geographical
indications so protected.
Geographical indications are protected under Articles 2 to 5 of Annex VI of the revised
Bangui Agreement of 24 February 1999, as required by the TRIPS Agreement.IP/C/W/302
Page 5
12. Please describe in detail the manner in which the higher level of protection required for
wines and spirits under Article 23.2 of the TRIPS Agreement is implemented, citing to the
relevant provisions of law or regulation, and provide examples of geographical indications for
such products.
The Bangui Agreement does not accord special protection for geographical indications for
wines and spirits.  This matter will be studied in connection with domestic legislation intended to
strengthen the protection of intellectual property rights.
E. INDUSTRIAL DESIGNS
13. Please describe the procedure that must be followed to obtain protection for industrial
designs, citing to the provisions of the law of Cameroon, and describe the nature of theprotection provided.
The procedure for obtaining protection for industrial designs is established in Annex IV,
Articles 2 to 19 of the revised Bangui Agreement.
14. Please describe the procedure that must be followed to obtain protection for textile
designs and cite to the relevant provisions of law or regulation.
The Bangui Agreement does not provide special protection for textile designs. This matter
will be studied in connection with domestic legislation.
F.
PATENTS
15. Please describe in detail the way in which the patent law of Cameroon implements
Article 27 of the TRIPS Agreement, indicating any exceptions provided for, and including
details regarding the protection for micro-organisms and non-biological and microbiologicalprocesses and plant varieties.  Please cite to the relevant provisions of the law.
This matter is dealt with in Articles 2 and 6 of Annex I of the revised Bangui Agreement.
16. Please describe in detail the rights provided to patent holders under the patent law of
Cameroon and cite to the relevant provisions of law.
The patent rights conferred in the revised Bangui Agreement are described in Articles 7 to 13
of Annex I of the Agreement.
17. Please describe in detail any provisions in the laws of Cameroon permitting
unauthorized use of a patent, citing to the relevant provisions of law, and describe in detail the
conditions under which such use can occur .
Articles 46 to 56 of Annex I of the revised Ba ngui Agreement describe the conditions for
granting non-voluntary licences and ex officio licences.
18. What term of protection does the patent law of Cameroon provide for patents?  Please
describe any provisions for extension of the term of protection and cite to the relevant
provisions of the law.
Articles 9 and 40 of Annex I of the revised Bangui Agreement contain provisions regarding
the term of protection and the conditions for keeping protection in effect.  The Bangui Agreement
makes no provision for extending the term of protection.IP/C/W/302
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G. LAY-OUT DESIGNS (TOPOGRAPHIES ) OF INTEGRATED CIRCUITS
19. Please describe in detail the protection  for lay-out designs of integrated circuits
provided under the laws of Cameroon, including the term of protection, and cite to the relevant
provisions of law.
The revised Bangui Agreement provides protection for integrated circuits in Articles 2 to 14
of Annex IX.
H. UNDISCLOSED INFORMATION
20. Please describe in detail how the laws of Cameroon provide for the protection of
undisclosed information as required by Article 39.2 of the TRIPS Agreement and providecitations to the relevant provisions of law.
Article 6 of Annex VIII of the revised Bangui Agreement provides for the protection of
confidential information and for exceptions to the protection of such information.
21. Please describe in detail the manner in which protection is provided test data regarding
pharmaceutical and agricultural chemical prod ucts submitted to the government in order to
obtain marketing approval in Cameroon and cite to the relevant provisions of law.
See the response to question No. 20.
22. Are other applicants for ma rketing approval for their own versions of a previously
approved pharmaceutical or agricultural chemical products permitted to rely on data submitted
by the earlier applicant?  If so, how long a period of exclusivity is given the earlier applicant
before such reliance becomes possible.
Article 6 (paragraphs 3 and 4) of the revised Bangui Agreement deals with this matter.
I.
ENFORCEMENT – GENERAL OBLIGATIONS , CIVIL AND ADMINISTRATIVE PROCEDURES AND
REMEDIES AND PROVISIONAL MEASURES
23. Please describe in detail the manner in which the laws of Cameroon provide for effective
action against infringement of intellectual prop erty rights as required by Article 41.1 of the
TRIPS Agreement.
Each of the annexes of the revised Bangui Ag reement provides for administrative, civil and
criminal measures that meet the requirements of Article 41.1 of the TRIPS Agreement.  Furthermore,
the provisions are reinforced by the Criminal Code, the Civil Code, and the Customs Code, which areundergoing revision.
24. Article 43.1 of the TRIPS Agreement requires that judges be authorized to order
production of evidence necessary to substantiate a party’s claims where that party has been
unable to obtain such evidence from the opposi ng party.  Please describe how the laws or
regulations of Cameroon provide this authorization, citing to the relevant provisions of law or
regulation.
Article 66 of Annex I of the revised Bangui Agreement addresses the matters raised in
Article 43.1 of the TRIPS Agreement.IP/C/W/302
Page 7
25. Please describe in detail the all of the ci vil remedies that are available to right holders
under the laws of Cameroon, citing to the relevant provisions of law or regulation.
All of the annexes of the revised Bangui Agreement provide for civil remedies that respond to
Article 41.1 of the TRIPS Agreement with regard to damages. These provisions will be strengthenedby the civil code, which is undergoing revision.
26. Please describe in detail the provisional procedures and remedies available to right
holders under the laws of Cameroon, citing to the relevant provisions of law and regulation, and
indicate any condition under which a right holder may avail itself of those procedures and
remedies.
All of the annexes of the revised Bangui Agreement provide for administrative, civil and
criminal measures that meet the requirements of Article 41.1 of the TRIPS Agreement.  These
provisions will be strengthened by the Criminal Code, the Civil Code and the Customs Code, which
are undergoing revision.  Right holders and their successors in interest may bring suits in court.
J.
ENFORCEMENT - SPECIAL REQUIREMENTS RELATED TO BORDER MEASURES
27. Please describe in detail the procedures under the laws of Cameroon that provide for
border enforcement at least for trademark counte rfeiting and copyright piracy, identifying the
competent authority and citing to the re levant provisions of law or regulation.
Article 48 of Annex III of the revised Bangui Agreement addresses the matters raised in this
question.
28. Please indicate if border enforcement is available to owners of other forms of intellectual
property and, if so, please describe the procedures and remedies available in relation to eachform of intellectual property, citing the relevant provisions of law.
Several of the annexes of the revised Bangui Agreement provide for border enforcement for
all other forms of industrial property rights.  See A nnex I, Article 64;  Annex II, Article 47;  Annex
III, Article 48;  Annex IV, Article 31;  Annex VII,  Articles 61 and 62;  Annex IX, Articles 5 and 34;
and Annex X, Article 44.
29. Article 58 of the TRIPS Agreement specifies procedures to be followed where the
competent authorities can act ex officio.  Plea se explain whether the competent authorities in
Cameroon are empowered to act ex officio and, if so, please identify the intellectual property
areas subject to ex officio action.
The revised Bangui Agreement establishes that the holder of the right is entitled to launch the
procedure. However, there are administrative measures that permit the authorities (customs, police,
gendarmerie, office of the public prosecutor, etc.) to act ex officio.
K.
ENFORCEMENT - CRIMINAL PROCEDURES
30. Please describe in detail how the laws of Cameroon implement Article 61 of the TRIPS
Agreement that requires Members to have criminal procedures and penalties, including
imprisonment and/or monetary fines sufficient to act as a deterrent, at least for cases of wilful
trademark counterfeiting and copyright infringement  on a commercial scale.  Please cite to the
relevant provisions of law and regulation.
Article 64 of Annex VII of the revised Bangui Agreement addresses this matter.IP/C/W/302
Page 8
31. Article 61 also requires that remedies in a ppropriate cases include the seizure, forfeiture
and destruction of infringing goods and any materials and implements the predominant use of
which has been the commission of the offence.  Please describe the provisions in the laws of
Cameroon that provide for such remedies, a nd describe the circumstances in which those
remedies would be imposed, citing to the relevant provisions of law or regulation.
Several of the annexes of the revised Bangui Agreement provide for border enforcement of all
other forms of industrial property rights. See Annex I, Article 64;  Annex II, Article 47;  Annex III,
Article 48;  Annex IV, Article 31;  Annex VII, Ar ticles 61, 62 and 64;  Annex IX, Articles 5 and 34;
and Annex X, Article 44.
32. Article 61 also indicates that Members may provide for criminal procedures and
penalties in cases of wilful infringement of oth er forms of intellectual property.  Please describe
any provisions of the laws of Cameroon that provide for such procedures and remedies, citing to
the relevant provisions of law or regulation.
Penalties in cases of aggravating circumstances are established in the revised Bangui
Agreement to deal with this matter, particularly Article 59 of Annex I, Article 40 of Annex III and
Article 26 of Annex IV.
L. STATISTICAL QUESTIONS
33. Please provide statistical information related  to civil copyright, trademark, geographical
indication, industrial design, patent, integr ated circuit lay-out design, and trade secret
enforcement for 2000, including the number of ca ses filed;  injunctions issued;  infringing
products seized;  infringing equipment seized;  cases resolved (including settlement);  and the
amount of damages awarded.
A compilation of court decisions in these areas is planned and will be transmitted to you in
due course.
34. Please provide statistical information relat ed to criminal enforcement in the area of
copyright piracy and trademark infringeme nt for 2000, including the number of raids,
prosecutions, convictions, and the amount of fines and/or jail terms (including whether the fineswere paid and whether the jail term was actually served or was suspended) and any other
information establishing that the criminal syst em operates effectively to deter copyright piracy
and trademark counterfeiting.
A compilation of court decisions in these areas is planned and will be transmitted to you in
due course.
JAPAN
A.
COPYRIGHT AND RELATED RIGHTS
1. Please explain exceptions or exemptions of  the National Treatment and Most-Favoured-
Nation Treatment under the Copyright and Neighbouring Rights Law, if any, as permitted in
Articles 3 and 4 of the TRIPS Agreement.
Cameroon has not legislated any exceptions to national or most-favoured-nation treatment.IP/C/W/302
Page 9
SWITZERLAND
A. PATENTS
1. In your law, are patents available for all categories of products?  In particular, are all
pharmaceutical products patentable? Are there any exceptions?  If so please explain in detailwhat these exceptions are and how they comply with Article 27 of the TRIPS Agreement.
No. The revised Bangui Agreement excludes certain products from patentability (see
Article 6, Annex I).  Moreover, the Agreement does not take specific account of the patentability of
pharmaceutical products. However, this matter is being studied by the competent national authorities.
2. Does your law, in accordance with Articl e 27.1 in combination with Article 31 of the
TRIPS Agreement, consider importation as "working a patent" (and therefore preclude
compulsory licensing, if a product is being imported)?
Yes.  Article 7.3 and Article 46(a) of Annex I of the Bangui Agreement consider importation
as working a patent. However, the law provides for compulsory licensing if working of the patentedinvention does not reasonably satisfy demand for the protected product or if the owner of the patent
has refused to grant licences under reasonable commercial terms and conditions (see Article 46,
Annex I).
3. Does your law make compulsory licences s ubject to all the conditions enumerated in
Article 31 of the TRIPS Agreement?  Please cite the relevant provisions of law.
The provisions of Articles 46 to 56 of Annex I of the revised Bangui Agreement of
24 February 1999 respond to the concerns raised by this question.
4. Does your legislation provide for the principle of the reversal of burden of proof in a
process patent litigation?  Please cite the relevant provisions of law.
Article 66 of Annex I of the revised Bangui Agreement places the burden of proof on the
defendant.
B.
PROTECTION OF UNDISCLOSED INFORMATION
5. Please explain in detail if your legislation ensures that undisclosed test or other data
submitted by an applicant to the responsible State agency in the procedure for market
authorization of a pharmaceutical or of an agricultural chemical product is protected against
disclosure and against unfair commercial use by a competitor, for example by prohibiting a
second applicant from relying on, or from referring  to the original data of the first applicant,
when applying subsequently for market authorisation for his own product.  Does your
legislation provide for exceptions to this?  If yes, under what conditions would such exceptions
apply?  Does your legislation set a specific term of protection for undisclosed test or other data
of the first applicant?
Article 6 of Annex VIII of the revised Bangui Agreement provides for protection of
confidential information.  Paragraph 4(b) of that  Article allows for exceptions to the protection of
confidential information.  The Agreement does not establish any specific term of protection.
__________