Protecting Creative and Innovative Works in Cameroon: An Analysis of Intellectual Property Law and Its Growing Prominence
Keywords:
Intellectual Property Law-Intellectual Property Right-Creativity-Innovation-Forms of Intellectual Property-CameroonAbstract
In the pulsating traditional setting of Cameroon, creative and innovative works are flourishing, yet their security remains a topical pressing issue. Cameroon’s intellectual property (IP) law, though emerging, continues to face substantial challenges in safeguarding the rights of creators and innovators. Intellectual property law in contemporary society has a prominent role in raising living standards as well as for building up stable economy for creativity and innovative works. Nationally and internationally countries around the world with Cameroon being inclusive have develop legal mechanisms aimed at protecting the product of intelligence or inventions from being discriminatorily exploited by persons who are not their real authors. Though, intellectual property laws main preoccupation from time immemorial was to make sure that ideas or inventions describe as original are well protected, but exclusively approaching the notion from this perspective would be misleading under a contemporary world of creativity and innovations. This paper conducts a thorough examination of Cameroon's intellectual property (IP) laws, regulations, and institutions, focusing on the growing importance of IP law in fostering creativity and innovation. It delves into the distinction between intellectual property and intellectual property rights, highlights the various forms of IP rights protected in Cameroon, assesses the influence of Cameroonian IP law on creative and innovative industries, and identifies the challenges faced by creators and innovators in safeguarding their works. To achieve these objectives, the researcher employed a detailed content analysis and critical evaluation of both primary and secondary sources.
References
F.O Babademi, Intellectual Property: The Law and practice of copyrights, trademarks, patents and Industrial Designs in Nigeria” (2006).
Dashaco John Tambuto, “Lecture notes on Intellectual Property Law”, University of Dschang, Faculty of Law and Political Science, Master’s one class, 2013-2014 academic year.
Bern Convention for the protection of Literary and Artistic Works (the Paris Act of the Bern 1971).
The Paris Convention for the Protection of Industrial Property (Paris Convention) 1883
Law No. 2000/011 of December 19, 2000 on Copyright and Neighbouring Rights
Decree No. 2005/177 of May 27, 2005 organizes the missions of the Ministry of Culture.
Michael A. Yanou (2009), Labour Law, Principles & Practices in Cameroon, REDEF, p.60.
Eduardo Borensztein, Jose De Gregorio, and Jong-Wha Lee (1998) “How Does foreign Direct Investment Affect Economic Growth?” Journal of International Economics 45, 115- 135.
David Moser & Cheryl Slay (2012) Music Copyright Law, Course Technology, Cengage Learning, and Boston, MA.
Dashaco John Tambuto, “Do Cameroonian Laws on Counterfeiting conform to the Prescriptions of International Conventions”, The African Review, 2003 vol. 1, No. 3, pp.37-57.
Diana Lea, Oxford Advanced Learner’s Dictionary 8th edition, Oxford University Press (2010).
Eduardo Borensztein, Jose De Gregorio, and Jong-Wha Lee (1998) “How Does foreign Direct Investment Affect Economic Growth?” Journal of International Economics 45, pp.115-135.
World Intellectual Property Organization, WIPO Publication No. 450(E) ISBN 978-92-805-1555-0.
Industrial property rights consist of (consisting of patents for inventions, trademarks, trade names, utility models, industrial designs, geographical indications, layout designs or topographies of integrated circuits, and new plant varieties)
Available at: http://Copyright.Laws.com (Last viewed on the 15th January 2025)
Law N°2016/007 of the 12 July 2016 and enacted by Decree No. 2016/319 of 12 July 2016.
Section 327 of the Cameroon Penal Code.
Section 327(c) of the Cameroon Penal Code
Section 327(h) of the Cameroon Penal Code.
Section 327(1)(k)(L) of the Cameroon Penal Code.
Law No. 2016/007 of 12 July, 2016, relating to the Penal Code of Cameroon.
See Law No.2000/011 of December 19, 2000 on Copyright and Neighbouring Rights
For better understanding a patent is grant made by a government to an inventor, giving the inventor the exclusive right to make, use, and sell an invention for a certain period of time.
For a comprehensive understanding, a trademark is a recognizable sign, design or expression which distinguishes products or services of a particular trader from similar products or services of other traders. Trademark may consist of, for example, a word, a logo, a number, a letter, a slogan, a sound, a color, or sometimes even a smell or texture and which are used to identify the source of goods and/or services with which the trademark is used. When a trademark is used in connection with services, it is sometimes referred to as a “service mark”.
This means that a unique and distinctive trademark is more valuable than a generic or descriptive one.
This means that a trademark that is well-known and respected is more valuable than one that is not.
This means that a trademark that has a significant market share and penetration is more valuable than one that does not.
This means that a trademark that is well-protected by law is more valuable than one that is not.
According to Art 19 Annex 19, the registration of a mark shall be valid for only 10years from the filing date of the application for registration. However, the ownership of a mark may be preserved indefinitely through successive renewals of the registration which may be effected every after 10years.
Copyright applies to a wide range of creative and innovative works and provides exclusive rights, economic benefits, protection from infringement, and increased creativity and innovations.
See article 327 of the 2016 penal code of Cameroon.
Dashaco John Tambuto “Lecture notes on Intellectual Property Law”, University of Dschang, Faculty of Law and Political Science, Master’s one class, 2013-2014 academic year.
See section 17 (1) of the 2000 copyright law, op cit.
Ibid, section 19.
According article 11 of the TRIPS Agreement, there is equally the right to authorize rental copies of a certain category of works such as musical works included in phonograms, audio-visual works and computer programmes. The right of rental is justified because technological advancement has made it easy to copy this type of works.
Section 40 of the 2000 copyright law is to the effect that a performance contract is an agreement by which the copyright owner of a work authorizes the show organizer to perform, cause or allow the performance of the said work under the conditions laid down by them.
See especially section 4 (2) of the 2000 copyright law.
For a better understanding of the moral benefits of copyright law see especially section 6 of the 2000 copyright law.
Sections 327(1) of the Cameroon Penal Code.
Section 327(4) of the Cameroon Penal Code.
Section 327(5) of the Cameroon Penal Code.
Decree No. 2005/177 of May 27, 2005 organizes the missions of the Ministry of Culture.
“Piraterie ou contrefaçon des oeuvres musicales: facteurs explicatifs, modes opératoires et impact sur les artistesmusiciens à Yaoundé”, by Joel Christian NKENG à NKENG, University of Yaounde 1, 2010.
The Effectiveness of the Protection of Literary and Artistic property rights, by Mathieu Fredy Avah, University Cheikh Antta Diop, Dakar- Masters in Notarial and Processual Economic Law 2011.
See article 84 and 85 of the Law of 2000 on Copyright and Neighbouring Rights,
Article 64 of the Bangui Agreement.
Article 85 of Law No. 2000/011 on Copyright and Neighbouring rights,19/12/2000.
Available at: www.jagranjosh.com (Last viewed on the 20th of October 2024).
WIPO Intellectual Property Handbook: Policy, Law and Use, Geneva, June 2001.
Available at: www.britannica.com (Last viewed on the 20th of October 2024).
Available at: www.centralawyers.com (Last viewed on the 20th of October 2024).
Available at: www.wipo.int (Last viewed on the 20th of October 2024).
This agreement established the OAPI and provides for the protection of intellectual property rights in its member states.
Available at: www.wipolex.wipo.int (Last viewed on the 20th of October 2024).
Available at: www.hg.org (Last viewed on the 20th of October 2024).
						


