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.
Non-Voluntary License for Non-Working Patented Invention in Cameroon
At the request of any person made after the expiry of a period of four years from the filing date of the patent application in Cameroon or three years from the date of grant of the patent, whichever period expires last, a non-voluntary license may be granted where one or more of the following conditions are fulfilled:
- The patented invention is not being worked on the territory of a member state at the time the request is made;
- The working of the patented invention on such territory does not meet the demand for the protected product on reasonable terms;
- On account of the refusal of the owner of the patent to grant licenses on reasonable commercial terms and procedures, the establishment or development of industrial or commercial activities on such territory is unfairly and substantially prejudiced.
A non-voluntary license may not be granted if the owner of the patent provides legitimate reasons for the non-working of the invention.
Non-Voluntary License for a Dependent Patent in Cameroon
Where a patented invention cannot be worked without infringing the rights under an earlier patent whose owner refuses to authorise its use on reasonable commercial terms and procedures, the owner of the later patent may obtain a non-voluntary license for such use from the court on the same terms as those that apply to the non-voluntary licenses granted under Article 46 of the law and on the following additional conditions:
- The invention claimed in the later patent must represent substantial technical progress, of considerable economic interest, in relation to the invention claimed in the earlier patent;
- The owner of the earlier patent has the right to a reciprocal license on reasonable terms for the use of the invention claimed in the later patent;
- The use authorised in relation to the earlier patent shall be in transferable except where the later patent is also transferred.
Request for the Grant of a Non-Voluntary License on a Patent in Cameroon
The request for the grant of a non-voluntary license shall be made to the civil court of the domicile of the patentee or, if the later is domiciled abroad, to the civil court of either his elected domicile or the place in which he has named an agent for the purpose of filing. Only requests made by persons domiciled on the territory of a member state shall be considered.
The request shall contain the following;
- The name and address of the requester;
- The title of the patented invention and the number of the patent in respect of which a non-voluntary license is requested;
- Evidence that the working of the patented invention on the above-mentioned territory does not meet demand for the protected product on reasonable terms etc.
Grant of Non-Voluntary License on a Patent in Cameroon
Where the request for the grant of a non-voluntary license satisfies the requirements of Article 48 of the law, the civil court shall notify it to the owner of the patent concerned, and also to any license which name appears in the Register of Patents and shall invite them to submit their observations on the said request in writing within a period of three months.
Rights and Obligations of the Holder of a Non-Voluntary License on a Patent in Cameroon
Upon expiry of the time limit for appeal which has to be initiated by the interested party one month from the publication of the grant of the non-voluntary license on the patent, and the appeal decision upholds the decision of the civil court that granted the non-voluntary license, the grant decision shall authorise the licensee to exploit the patented invention according to the terms laid down in the decision of the civil court or in the appeal decision.
Limitation of the Non-Voluntary License on a Patent in Cameroon
The beneficiary of the non-voluntary license may not, without the consent of the owner of the patent, grant any third-party permission to perform any of the acts that he is authorised to perform under the non-voluntary license.
Ex-Officio Licenses on a Patent in Cameroon
Where certain patents are of vital interest to the economy of the country, public health or national defence, or where non-working or insufficient working of such patents seriously compromises the satisfaction of the country’s needs, they may be made subject, by an administrative enactment of the competent Minister of the member state concerned, to the non-voluntary license regime. The said enactment shall specify the beneficiary administration or organization, the conditions, term and scope of the non-voluntary license and the amount of royalties payable.
Licenses of Right on a Patent in Cameroon
Any owner of a patent not precluded by the terms of any previously registered license from granting further licenses may apply to the organization to have, in respect of his patent, the notice “licenses of right” entered in the Register. The notice shall be entered in the Register and published by the organization as soon as possible.