Utility models are implements of work or objects to be utilized or parts of such implements or objects in so far as they are useful for the work or employment for which they are intended on account of a new configuration, a new arrangement or a new component device, and are industrially applicable.
Initiation of the Invalidity or Forfeiture Action on a Utility Model in Cameroon
Actions seeking invalidity or forfeiture on a Utility Model in Cameroon can be brought by any person having an interest therein.
In any action seeking the invalidity or forfeiture of a Utility Model in Cameroon, the office of the Public Prosecutor may be an intervening party and make submissions seeking a declaration of absolute invalidity or forfeiture of the Utility Model.
The Public Prosecutor may even enter directly a principal suit seeking a declaration of invalidity in the cases provided for in Article 34(1)(b) of the law.
All holders of rights in the Utility Model whose acts have been entered in the special register of Utility Models of the organization shall be party to the proceedings.
Competent Jurisdiction for Action on Utility Models in Cameroon
All disputes relating to Utility Model ownership shall be brought before the civil courts in conformity with Article 38 of the law.
If the action is simultaneously brought against the owner of the certificate of registration of the utility model and one or more limited licensees, it shall be brought before the court sitting in the established or elected domicile of the said owner.
The matter shall be examined and judged in the manner prescribed for summary proceedings. If necessary, it shall be communicated to the office of the public Prosecutor.
Recording of the Judicial Decision on Invalidity or Forfeiture
Where the absolute invalidity or forfeiture of the utility model has been pronounced by a court decision that has become res judicata, the competent court shall inform the organization thereof, and the invalidity or forfeiture pronounced on the territory of a member state shall be entered in the Special Register of Utility Models and published in the form specified in Article 27 of the law as regards granted utility models.