Infringement on Utility Models in Cameroon
Any violation of the rights of the owner of a registered utility model in Cameroon by manufacture of products, by use of means forming the subject matter of his utility model, by the receiving or sale or display for sale or by the introduction into the national territory of one of the member states of one or more objects shall constitute the offense of infringement. This offense shall be punished with a fine of 1.000.000 to 6.000.000 CFA Francs without prejudice to the right to compensation.
Recidivism and Aggravating Circumstances in relation to Utility Models in Cameroon
In the event of recidivism, imprisonment for a term of one to six months may be imposed in addition to the fine above mentioned.
Recidivism shall be deemed to have occurred when, within the preceding two years, the defendant has received a first conviction for one of the offenses provided in the law.
Imprisonment for a term of 15 days to 3 months may also be imposed if the infringer is a worker or employee who has worked in the workshops or establishment of the owner of the utility model, or if the infringer, having joined a worker or employee of the utility model, has become acquainted through him with the processes described in the registration of the utility model.
Condition for Initiation of Criminal Proceedings in a Utility Model case in Cameroon
Criminal action seeking the imposition of the above penalties may only be brought by the office of the Public Prosecutor on a complaint by the injured party.
Exceptional Competence of the Criminal Court in a Patent case in Cameroon
The criminal court, when dealing with an action for infringement, shall rule on the arguments put forward by the accused in his defence, such as the alleged invalidity or forfeiture of the utility model or questions relating to ownership of the said utility model.
Acts Prior to Grant of a Certificate of Utility Model in Cameroon
Acts occurring prior to the registration of the utility model shall not be considered prejudicial to the rights of the owner of the utility model and may not be invoked to justify conviction, even under civil law, with the exception however of acts subsequent to the communication to the alleged infringer of an official copy of the description of the invention attached to the utility model registration application.
Infringement Seizure
Owners of certificates of registration of utility models or holders of exclusive exploitation rights may, acting in pursuance of an order from the president of the civil court within which jurisdiction the action is to be taken, engage bailiffs or public or ministerial officials, including customs officials, if necessary, with the aid of an expert, to make a detailed inventory and description, with or without seizure, of allegedly infringing objects.