WORLD TRADE
ORGANIZATIONIP/C/W/302/Add.1
5 June 2002
(02-1985)
Council for Trade-Related Aspects
of Intellectual Property RightsOriginal:  French
REVIEW OF LEGISLATION
Responses from Cameroon to the Questions Posed by the European Communities
and their Member States and to the Follow-Up
Questions Posed by Switzerland
Addendum
By means of a communication from the Permanent Mission of Cameroon, dated 6 May 2002,
the Secretariat has received the following responses to the questions posed by the European
Communities and their member States and to the follow-up questions posed by Switzerland, whichwere circulated in documents IP/C/W/244 and IP/C/W/239/Add.3 respectively.  This communication
completes the responses by Cameroon to the initial questions posed by Switzerland, as distributed in
document IP/C/W/302.
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THE EUROPEAN COMMUNITIES AND THEIR MEMBER STATES
A. 
GENERAL PROVISIONS
1. Please describe if your legislation includes measures necessary to protect public health
and nutrition, and to promote the public interest in sectors of vital importance to your socio-
economic and technological development as mentioned under Article 8 of the TRIPSAgreement.  If yes, please explain how such measures are consistent with the provisions of the
TRIPS Agreement.
Yes, by means of non-voluntary licences, ex officio licences and forfeiture.
B. C
OPYRIGHT AND RELATED RIGHTS
2. Please state how your legislation provides for the protection of the exclusive rights of
authors in relation to their literary and artistic  works, as specified in Article 9 of the TRIPS
Agreement which requires Members to comply with  Articles 1-21 of the Berne Convention and
the Appendix to the B erne Convention (1971).
[Reply not received]
3. Please describe the protection accorded to authors of computer programs, databases or
compilations of data.
[Reply not received]IP/C/W/302/Add.1
Page 2
4. Please state whether your legislation provides for a rental right and, if so, the works to
which it applies.
[Reply not received]
5. Please describe the rights granted to performers, producers of phonograms (sound
recordings) and broadcasting organisations under your legislation.
[Reply not received]
6. Please state whether your legislation provides  for any limitation or exception in relation
to each of the rights described above in acco rdance with the relevant provisions of the Berne
and Rome Conventions and in light of Articles 13 and 14.6 of the TRIPS Agreement.
[Reply not received]
7. Please state the terms of protection of each right described above and the work or
subject matter to which it applies.
[Reply not received]
8. Please state how and under what provisions your legislation grants the retroactive
protection provided pursuant to Article 18 of the Berne Convention (the obligation of whichderives from Article  9 of the TRIPS Agreement) and Article 14.6 of the TRIPS Agreement.
[Reply not received]
C. 
TRADEMARKS
9. Please give the definition of a sign under your national legislation and explain under
what conditions it is protectable.
See Annex III, Article 2.1, of the revised Bangui Agreement, page 75.
10. Please confirm whether or not services are a protectable subject matter in your
trademark law.  Please confirm if signs, such as trade names, are protectable.  Please describe ifelements such as sound, perfumes and containers are protectable.
See Annex III, Articles 2 and 3, of the revised Bangui Agreement, page 75.
11. Please explain what the requirements of use are, if any, as a condition for a trademark
registration.  Please explain the definition of use and the conditions of maintenance of a
registration in that respect.
See Annex III, Articles 3, 21.6, and 23.1, of the revised Bangui Agreement, pages 81-82.
12. Please confirm whether or not your legislation permits that the registration of
trademarks be indefinitely renewable.
See Annex III, Article 19, of the revised Bangui Agreement, page 80.
13. Please describe the special requirements, if any, prescribed by your legislation
concerning the use of a trademark.
See Annex III, Article 21.3, of the revised Bangui Agreement, page 81.IP/C/W/302/Add.1
Page 3
D. GEOGRAPHICAL INDICATIONS
14. Please explain whether or not your trademark registration authority refuses a
trademark application if it contains a geographical indication.
Yes, refusal is possible;  cf. Annex VI, Article 2, of the revised Bangui Agreement, page 110.
15. Please give the definition of a geographical indication in your legislation.
See Annex VI, Article 1(a), of the revised Bangui Agreement, page 110.
16. Please describe and explain the provisions of your legislation establishing a link, if any,
between the characteristics of an indication and its geographical origin.
See Annex VI, Article 1(a), of the revised Bangui Agreement, page 110.
17. Please describe how additional protection is granted by your legislation to wines and
spirits.  Please mention other types of products, if any, covered by this additional protection.
- See Annex VI, Article 15.6, of the revised Bangui Agreement, page 115.
- No other product is granted this additional protection.
18. Please explain how exceptions under Article 24 of the TRIPS Agreement are used in
your jurisdiction.  Please provide examples of the use of the exceptions by courts or lists of
names considered as generic in your jurisdiction.
- See Annex VI, Article 15.6, of the revised Bangui Agreement, page 115.
- No, because this sector is to be developed.
E. INDUSTRIAL DESIGNS
19. Please explain whether or not your legislat ion extends to the protection of designs
dictated essentially by technical or functional considerations.  Please explain how textile designsare protected.
- No, protection does not extend to designs dictated essentially by technical or
functional considerations;  cf. Annex IV, Article 1.2, of the revised Bangui
Agreement, page 92.
- See Annex IV, Article 1.3, of the revised Bangui Agreement, page 92.
20. Please explain how your legislation protects right holders of a design against importing
of articles bearing embodied or copied design.
See Annex IV, Articles 25 to 28, of the revised Bangui Agreement, pages 99-100.
21. Please state whether or not your legislation provides for the right to issue a compulsory
licence for industrial designs.
Our legislation does not provide for the right to issue a compulsory licence for industrial
designs.IP/C/W/302/Add.1
Page 4
22. Please indicate for what period of time your legislation grants protection for industrial
designs.
The term of protection is five years renewabl e twice;  cf. Annex IV, Articles 12.1 and 12.2, of
the revised Bangui Agreement, page 96.
F. PATENTS
23. Please describe how your legislation defines the notions of: novelty, inventiveness and
industrial application.
See Annex I, Articles 3 to 5, of the revised Bangui Agreement, pages 34-35.
24. Please explain whether or not in your legislat ion, patent or otherwise, patent rights are
enjoyed without any exclusions.  If exclusions a re provided for, please describe in detail how
these exclusions are applied in legal as well as practical terms.
No, as there are direct exceptions (cf. Annex I, Article 8, of the revised Bangui Agreement,
page 36) and indirect exceptions (cf. Annex I, Articles 46 to 47, of the revised Bangui Agreement,
pages 49-54).
25. Please explain whether your legislation prov ides for the exclusion of inventions from
patentability based on ordre public or morality.  If so, please explain the relevant section of your
legislation and explain its formulation.  Please also explain if it has been applied in practice.
- Yes, see Annex I, Article 6(a), of th e revised Bangui Agreement, page 35.
- No, it has not yet been applied in practice in our country.
26. Please explain whether or not diagnostic, therapeutic and surgical methods are excluded
from patentability in your legislation. If so, please explain the relevant section of your legislation
and explain its formulation.
Yes, see Annex I, Article 6(e), of th e revised Bangui Agreement, page 35.
27. Please explain whether or not plants, animals and essentially biological processes are
excluded from patentability in your legislation. If so, please explain the relevant section of your
legislation and explain its formulation.
Yes, see Annex I, Article 6(c), of th e revised Bangui Agreement, page 35.
28. Please describe how and under what provisions micro-organisms, non-essentially
biological processes, microbiological processes and plant varieties are protected in your
legislation. Please explain, in this respect, the relevant sections of your legislation.
See Annex I, Article 14.2, of the revised Bangui Agreement, page 38.
29. Please explain how your legislation protects  patent right holders against the importing
and against the offering for sale of a patented invention.
Our legislation authorises parallel imports only within the OAPI region; cf. Annex I,
Article 8.1(a), of the revised Bangui Agreement, page 36.IP/C/W/302/Add.1
Page 5
30. Please state if your legislation provides for patent product protection of pharmaceutical
and agricultural chemical products.  In the a ffirmative, please indicate the legal reference.
Yes, see Annex I, Article 2, of the revised Bangui Agreement, page 34.
31. Please clarify if the patent protection of a process, as provided for in your legislation,
covers the product obtained directly by that process.
Yes, see Annex I, Article 7(b)(ii), of the revised Bangui Agreement, page 35.
32. Please explain the additional conditions, if any, in your legislation other than the
sufficient disclosure of the invention in Article 29 of the TRIPS Agreement ( e.g. submission of
justification for access to genetic material or prio r inform consent to its use).  If such additional
conditions exist, please point out the relevant legislations and describe the additional conditions
in detail.
Yes, see Annex I, Article 14.2, of the revised Bangui Agreement, page 38.
33. Please describe if your legislation provides for limited exceptions to the exclusive rights
conferred by a patent.  If affirmative, please make a reference to relevant legislation.
Yes, see Annex I, Article 8, of the revised Bangui Agreement, page 36.
34. Please explain whether or not your legislatio n provides for compulsory licensing.  If so,
please explain in detail the conditions under which a compulsory licence may be granted.  In
particular, please explain how your national le gislation considers individual merits in the
authorization of such use.
Yes, see Annex I, Articles 46 to 55, of th e revised Bangui Agreement, pages 49-53.
35. Please explain how your legislation explicitly ensures that a proposed user has made
efforts to obtain authorization from the righ t holder on reasonable commercial terms and
conditions and that such efforts have not been successful within a reasonable period of time. In
this context, how do you define "reasonable period of time".  Please also explain how yourlegislation ensures that the use of a compulsory  licence shall be author ised predominantly for
the supply to the domestic market of the Member authorizing such use.
- See Annex I, Article 48.3(a), of the revised Bangui Agreement, page 50.
- The definition of the reasonable period of time is for the time being left to the
discretion of the courts.
36. Please state if your legislation grants addi tional protection for innovations after the
20 years of patent protection has lapsed.
No, see Annex I, Article 27, of the revised Bangui Agreement, page 43.
37. Please explain how your legislation provide s for the enhanced patent protection of
patents or patent applications pending on 1
st January 1995.
In 1995 patents were governed by the 1977 Bangui Agreement, and the TRIPS Agreement
was made applicable to Cameroon from 1 January 2000.  The Bangui Agreement was revised to bring
it into line with TRIPS and took account of enhanced protection in Article 68 of Annex I on patents,
page 56.IP/C/W/302/Add.1
Page 6
38. Please explain how your legislation provides for the reversal of the burden of proof in
relation to process patents.
See Annex I, Article 66, of the revised Bangui Agreement, page 56.
G. LAYOUT DESIGNS (TOPOGRAPHIES ) OF INTEGRATED CIRCUITS
39. Please describe how your legislation protects Topographies.
See Annex IX, Articles 2 and 3, of the revised Bangui Agreement, page 154.
40. Please explain what protection your national  legislation grants to right holders against
the unlawful importation, sale or distribution for commercial purposes of topographiesincluding integrated circuits or other articles in which a topography is incorporated in
accordance with Article 36 of the TRIPS Agreement.
See Annex IX, Article 5, of the revised Bangui Agreement, page 155.
41. Please explain how your legislation provi des for the derogation from Article 36 as
specified in Article 37 of the TRIPS Agreement where a person has no knowledge or reasonable
grounds to know when acquiring an integrated circuit or an article incorporating such an
integrated circuit that it contains an unlawful topography.
See Annex IX, Article 6(d), of the revised Bangui Agreement, page 155.
42. Please state the term of protection granted by your legislation to topographies.
See Annex IX, Article 7, of the revised Bangui Agreement, page 156.
H. U
NDISCLOSED INFORMATION
43. Please explain whether or not your legislatio n grants a defined period of time for the
protection of undisclosed information. If so, please give the time span.
Undisclosed information is protected for an unlimited period of time.
44. Please explain how your legislation defines "undisclosed information".
See Annex VIII, Article 6.3, of the revised Bangui Agreement, page 152.
45. Please explain how your legislation de fines data submitted to governments or
governmental agencies.
See Annex VIII, Article 6.4, of the revised Bangui Agreement, page 152.
I. ENFORCEMENT
46. Please describe how your legislation provides for effective action against infringement of
intellectual property rights.
47. Please explain whether or not your legislation provides for a mechanism to appeal to
judicial bodies of final administrative decisions.IP/C/W/302/Add.1
Page 7
48. Please describe how your legislation authorizes judges to order production of evidence
by the opposing party.  Please give precise information on what measures are taken to ensure
the protection of confidential information.
49. Please quote provisions of your legislation that authorize judges to order a defendant to
desist from an infringement.
50. Please quote what provisions of your legislation authorize judges to order the payment
to the right holder of adequate damages to compensate the injury he suffered.
51. Please quote what provisions of your legislation authorize judges to order the payment
of the right holder's expenses by the infringer.
52. Please explain if and how judges have the authority to order that infringing goods are
placed outside channels of commerce or destroyed.
53. Please quote what provisions of your legi slation authorize judges to indemnify a
defendant in the event of abuse by the plaintiff.
54. Please explain how your legislation implements Article 50 the TRIPS Agreement.55. Please identify the competent authorities in your jurisdiction who receive requests from
right holders for an application to suspend the release of counterfeit goods by the customs
authorities.
56. Please indicate whether or not procedures are available to suspend the exporting of
counterfeit goods.
57. Please quote what provisions of your legisl ation authorize the competent authorities to
order the destruction or disposal of infringing goods.
58. Please indicate whether or not your legislation provides for a de minimis  imports
exception.
59. Please explain how your legislation implements Article 61 of the TRIPS Agreement.
The replies to these questions [questions 46 to 59] concerning effective action against
infringement of intellectual property rights are set out in specific terms in each Annex to the revised
Bangui Agreement.  Consequently, the civil and criminal penalties for infringement of intellectualproperty rights vary from one category of right to another.
SWITZERLAND
A. 
PATENTS
Follow-up to question 1
Please explain whether your legislation gran ts patent protection to pharmaceutical
products.  Please provide more information on the studies currently undertaken by your
competent national authorities on this matter.
Yes, our legislation grants patent protection to pharmaceutical products;  studies are
continuing to bring our legislation into line with the spirit of the Doha Declaration.IP/C/W/302/Add.1
Page 8
B. PROTECTION OF UNDISCLOSED INFORMATION
Follow-up to question 5
Referring to the issue of unfair commercial use of data submitted by an applicant to the
responsible State Agency in the procedure for market authorisation of a pharmaceutical or of
an agricultural chemical product, please explain in detail if your law prohibits a secondapplicant from relying on, or from referring to, the original data of the first applicant, when
applying subsequently for market authorisation for his (generic) product.  Does the responsible
State Agency require the same amount of data from the second applicant as from the first
applicant?
Our legislation currently prohibits a second applicant from relying on, or from referring to,
the original data of the first applicant, when appl ying subsequently for market authorization for his
(generic) product.  Cf. Annex VIII, Articles 6.4(a) and (b), of the revised Bangui Agreement.
However, in view of the possible implications of this provision, it is also the subject of a study to
bring it into line with the spirit of the Doha Declaration.
__________