JURISDICTION ON MATTERS RELATED TO TRADE, SERVICE AND COLLECTIVE MARKS IN CAMEROON
RIGHT TO BRING INFRINGEMENT ACTION RELATED TO TRADEMARK, SERVICE MARK AND COLLECTIVE MARK PROCEEDINGS IN CAMEROON
Civil action for infringement of a mark shall be brought by the owner thereof. However, the beneficiary of an exclusive right of use may bring an infringement action, unless otherwise provided in the contract, if the owner fails to act after having been called upon to do so.
Any party to a license contract shall be entitled to intervene in infringement proceedings brought by another party in order to secure compensation for prejudice specific to him.
Any action for infringement of a subsequently registered mark which use has been tolerated for three years shall be inadmissible except where it has been filed for registration in bad faith. However, the inadmissibility of the action shall be confined to those goods and services for which the use was tolerated.
COMPETENT JURISDICTION ON MATTERS RELATED TO TRADEMARK AND SERVICE MARKS IN CAMEROON
Civil actions relating to marks shall be brought before the civil courts and judged as summary proceedings.
If the accused in an action brought before a criminal court raises questions in his defence concerning the ownership of the mark, the competent court shall grant judgment thereon.
INFRINGEMENT SEIZURE PROCESS
The owner of a mark or holder of an exclusive right of exploitation may, acting in pursuance of an order from the president of the civil court within which jurisdiction the action is to be taken, including at the border, engage bailiffs or public or ministerial officials, including customs officials, if necessary with the aid of an expert, to make a detailed inventory, with or without seizure, of the goods or services that he claims have been marked, provided or furnished to his prejudice in breach of the provisions of the law.
The order shall be made on request, subject to proof that the mark is registered and that it has neither lapsed nor been cancelled.