PENALTIES RELATED TO TRADE, SERVICE AND COLLECTIVE MARKS IN CAMEROON
PENALTIES FOR UNLAWFUL EXPLOITATION OF A REGISTERED TRADEMARK AND SERVICE MARK IN CAMEROON
The following persons shall be punished by a fine of 1,000,000 to 6,000,000 CFA francs and with imprisonment for a term of three months to two years:
- Those who fraudulently affix on their goods or on objects traded by them a mark belonging to another;
- Those who knowingly sell or offer for sale one or more goods bearing a counterfeit or fraudulently affixed mark, or those who knowingly sell, offer for sale, provide or offer to provide goods or services under such a mark;
- Those who make a fraudulent imitation of a mark in such a way as to mislead the buyer or who make use of a fraudulent imitated mark;
- Those who knowingly sell or offer for sale one or more goods bearing a fraudulent imitated mark or information liable to mislead the buyer as to the nature of the goods, or those who provide or offer to provide goods or services under such a mark.
- Those who knowingly provide or render a service other than that requested of them under a registered mark;
- Those who make use of a mark bearing information liable to mislead the buyer as to the nature of the goods.
PENALTIES IN CONNECTION WITH COMPULSORY MARKS AND PROHIBITED SIGNS IN CAMEROON
The following persons shall be punished with a fine of 1,000,000 to 2,000,000 CFA francs and with imprisonment for a term of 15 days to six months or to only one of those penalties:
- Those who do not affix to their goods a mark that has been declared compulsory;
- Those who sell or offer for sale goods that do not bear a mark declared compulsory for that type of goods;
- Those who violate the terms of decisions taken Article 1 of the law;
- Those who incorporate in their marks signs that are prohibited under the provisions of the law.
PENALTIES NOT CUMULATIVE
Penalties shall not be cumulative. The severest penalty alone shall be imposed for all acts prior to the first act proceeded against.
PENALTIES IN THE EVENT OF RECIDIVISM
The penalties in the event of recidivism shall be doubled. Recidivism shall be deemed to have occurred when, within the preceding five years, the offender has been found guilty of one of the offences specified in the law as mentioned above.
DEPRIVATION OF ELECTORAL RIGHTS
Offenders may, in addition, be deprived of the right to participate in elections to professional groups such as chambers of commerce and industry and chambers of agriculture for a period not exceeding ten years.
FATE OF COUNTERFEITED MARKS AND GOODS IN CAMEROON
The court may order the confiscation of goods bearing a mark recognized as being contrary to the provisions of Article 37 of the law, even in the case of acquittal, and also that of the implements or tools that served specifically for the commission of the offence.
The court may order that the objects confiscated be surrendered to the owner of the mark that has been counterfeited or fraudulently affixed or imitated, regardless of the right to any further damages, that may be appropriate.
PENALTIES IN CONNECTION WITH COLLECTIVE MARKS IN CAMEROON
The following person shall be punished with penalties in connection with collective marks:
- Those who knowingly make any use of a collective mark under conditions other than those specified in the rules of use referred to in Article 34 of the law;
- Those who sell or offer for sale goods bearing a collective mark unlawfully used under the terms of the provisions governing marks for goods or services;
- Those who knowingly many any use at all of a mark reproducing or imitating a collective mark within a period of ten years following the date of invalidation of the said collective mark etc.