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.
Transfer and Assignment of Rights in a Patent in Cameroon
The rights subsisting in an application for a patent or in a patent shall be transferable in whole or in part.
Acts involving transfer of ownership, the licensing of the right of exploitation of the assignment of that right, or a pledge or cancellation of a pledge, in respect of an application for a patent or a patent shall, on pain of invalidity, be evidenced in writing.
Enforceability Against Third Parties in Cameroon
The transfer or assigning of a patent shall not be enforceable against third parties unless they are recorded in the Special Register of Patents kept by the organization. The organization shall furnish to any person who so requests a copy of the entries in the Special Register of Patents, and also a record of the entries concerning patents that are the subject of a pledge, or a certificate attesting the absence of any such entries.
Exploitation of a Patent and its Certificates of Addition as of Right in Cameroon
Persons who have obtained from a patentee or from entitled persons the right to exploit an invention shall benefit as of right from certificates of addition subsequently granted to the patentee or to the entitled persons. Conversely, the patentee or entitled persons shall benefit from certificates of addition that may subsequently be granted to persons having obtained the right to exploit the invention.
License Contract on a Patent in Cameroon
The owner of a patent may, by contract, grant to a person, whether natural or legal entity, a license enabling him to exploit the patented invention.
The duration of the license may not be longer than that of the patent.
The license contract has to be drawn up in writing and signed by the parties.
The license contract shall be entered in the Special Register of Patents. It shall not be binding on third parties until it is entered in the said Register and published in the form specified by law.
The license shall be cancelled from the Register at the request of the owner of the patent or the license on presentation of proof of the expiry or termination of the license contract.
In the absence of provisions to the contrary in the license contract, the grant of a license shall not preclude the licensor from either granting licenses to other persons, subject to notifying the licensee or exploiting the patented invention himself.
However, the grant of an exclusive license shall preclude the licensor from granting licenses to other persons and, in the absence of provisions to the contrary in the license contract, from exploiting the patented invention himself.
Invalid Clauses in the License Contract on a Patent in Cameroon
Clauses in license contracts or relating to such contracts shall be invalid in so far as they impose on the licensee, in the industrial or commercial sphere, restrictions not deriving from the rights conferred by the patent or not necessary for the upholding of such rights.
The following shall not be considered restrictions within the meaning of the preceding paragraph;
- Limitations relating to the extent, the scope or the duration of exploitation of the patented invention;
- The obligation on the licensee to abstain from any act liable to harm the validity of the patent.
In the absence of provisions to the contrary in the license contract, the license shall not be assignable to third parties and the licensee shall not be authorised to grant sublicenses.
Recognition of Invalid Clauses in a Patent License in Cameroon
The recognition of invalid clauses in the patent license contract is done by the civil court at the request of any interested party.