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.
RIGHTS CONFERRED BY THE UTILITY MODEL IN CAMEROON
The owner of a registration certificate shall have the right to prohibit any person from exploiting the utility model by carrying out any of the following acts: manufacturing, offering for sale, selling and using the utility model, and importing and holding it for the purposes of offering it for sale, selling it or using it.
TERM OF PROTECTION OF THE UNTILITY MODEL IN CAMEROON
The term of protection conferred by the certificate of registration of a utility model shall expire at the end of the tenth year following the filing date of the application for registration.
RIGHT TO THE CERTIFICATE OF REGISTRATION OF THE UTILITY MODEL IN CAMEROON
The right to the registration of a utility model shall belong to its creator; the applicant shall be deemed to be the owner of the right.
Where two or more persons have made a creation jointly, the right to its registration as a utility model shall belong to them jointly.
If, and to the extent that, two or more persons have made the same creation independently of each other, the right its registration as a utility model shall belong to the one who filed the application bearing the earliest filing date or, where priority is claimed, the earliest validly claimed priority date, provided that the said application is not withdrawn, abandoned or rejected.
The right to the registration of a utility model may be assigned or transferred by succession.
RIGHT TO THE CERTIFICATE OF REGISTRATOPN OF THE UTILITY MODEL: CREATIONS BY EMPLOYEES IN CAMEROON
In conformity with legal provisions governing contracts for performing certain tasks/work alongside the contract of employment, and in the absence of any contractual provisions to the contrary, the right to the registration of a utility model developed in pursuance of such a contract shall belong to the person who commissioned the work or to the employer.
This shall apply where an employment contract does not require the employee to exercise any inventive activity, but where the employee has developed a utility model using data or means available to him on account of his employment.
Under the circumstances of the preceding paragraph, the employee who has developed the utility model shall have a right to remuneration reflecting the importance of the utility model registered. That remuneration shall be fixed by the court in the absence of agreement between the parties.
LIMITATION OF THE RIGHTS CONFERRED BY THE CERTIFICATE OF REGISTRATION OF THE UTILITY MODEL
The rights deriving from the certificate of registration of the utility model shall not extent;
- To acts relating to subject matter brought on to the market on the territory of a member state by the owner of the utility model or with his consent;
- To the use of objects on board foreign aircraft, land vehicles or ships that temporarily or accidentally enter the airspace, territory or waters of a member state;
- To acts in relation to a registered utility model that are carried out for experimental purposes in the course of scientific and technical research etc.
RIGHT OF FOREIGNERS TO CERTIFICATES OF REGISTRATION OF UTILITY MODELS IN CAMEROON
Foreigners may obtain certificates of registration of utility models on the conditions specified in the law.