Patents in Cameroon are regulated by the Bangui Accord which is managed by the African Intellectual Property Organisation (OAPI). Patents are one of the aspects of Intellectual property law protection in Cameroon.
Patents is defined by the Bangui Accord on Intellectual property right which is also applicable in Cameroon to be the title granted for the protection of an invention.
Initiation of the Invalidity or Forfeiture Action on a Patent in Cameroon
Actions seeking invalidity or forfeiture on a patent in Cameroon can be brought by any person having an interest therein.
In any action seeking the invalidity or forfeiture of a patent, the office of the Public Prosecutor may be an intervening party and make submissions seeking a declaration of absolute invalidity or forfeiture of the patent.
The Public Prosecutor may even enter directly a principal suit seeking a declaration of invalidity in the cases provided for in Article 39(1)(b) of the law.
All holders of rights in the patent whose acts have been entered in the special register of patents of the organization shall be party to the proceedings.
Competent Jurisdiction for Action on Patents in Cameroon
All disputes relating to patent ownership shall be brought before the civil courts in conformity with Article 44 of the law.
If the action is simultaneously brought against the owner of the patent and one or more limited licensees, it shall be brought before the court sitting in the established or elected domicile of the said owner.
The matter shall be examined and judged in the manner prescribed for summary proceedings. If necessary, it shall be communicated to the office of the public Prosecutor.
Recording of the Judicial Decision on Invalidity or Forfeiture
Where the absolute invalidity or forfeiture of a patent has been pronounced by a court decision that has become res judicata, the competent court shall inform the organization thereof, and the invalidity or forfeiture pronounced on the territory of a member state shall be entered in the Special Register of patents and published in the form specified in Article 32 of the law as regards granted patents.