Reconciling Trademark Infringement and the Tort of Passing Off in Cameroon: A Legal Appraisal

Abstract

This paper unveils the concept of trademark infringement and the tort of passing off under intellectual property rights by reviewing the Cameroonian perspective on the same. It evaluates the scope of protection accorded to holders of registered and unregistered marks and signs in Cameroon. The paper adopts a qualitative research methodology based on the doctrinal and content analysis of primary and secondary data. The study documents that owners of registered trade or service marks have been extensively sheltered under the law in force, while users or owners of unregistered marks or signs remain vulnerable in cases of illicit use by unauthorized third parties, since the range of protection is limited with no statutory shield. The researcher recommends that policies and statutory
shields be established to protect the ingenuity of unregistered mark holders and the reputation of goods sold under the name and style of such marks.