FORGERY IN LITERARY AND ARTISTIC WORK IN CAMEROON
The following shall constitute forgery:
(a) Any exploitation of a literary or artistic work done in violation of this law, through performance, reproduction, transformation or distribution by any means whatsoever;
(b) Any reproduction, communication or supply to the public through sale, exchange, rental of a recording, a phonogram, video gram, undertaken without the authorization of the performer, phonogram or video gram producer, or the audio-visual communication firm, where such authorization is required;
(c) Any infringement of moral rights through violation of the right of disclosure, the right of authorship or the right to respect of a literary or artistic work;
(d) Any infringement of the right of authorship and the right of integrity of a performance.
The following shall also be considered forgery:
(a) The importation, exportation, sale or putting up for sale of forged objects;
(b) The importation or exportation of phonograms or video grams produced without the authorization of their performer or producer, where such authorization is required;
(c) Manufacturing or importing, with the intention of selling or renting or setting up equipment, material, device or instrument entirely or partially designed to fraudulently record programmes broadcast where such programmes are reserved for a specific public that receives them in return for a fee paid to their operator or his legal representatives;
(d) The fraudulent neutralization of effective technical measures used by owners of copyrights or neighbouring rights to protect their works against unauthorized acts;
(e) Allowing the irregular reproduction or performance in one’s establishment of works protected by this law;
(f) Failure to pay or unjustified late payment of a fee as provided for by this law;
(g) Carrying out the following acts, knowingly or, for civil sanctions, having good reason to believe that this act will lead to, enable, facilitate or conceal infringement of a right provided for in the law:
— Unauthorized removal or alteration of any electronic information relating to the copyright regime;
— The distribution, importation for distribution, unauthorized communication of originals or copies of works, performances, video grams, phonograms, programmes, while knowing that the electronic information relating to the copyright regime has been removed or altered without authorization.
“Information on copyright regime” shall mean information that helps to identify the work, performance, video gram, phonogram or programme, or information on the conditions of use of such productions and any number or code representing such information where one of these elements of information is attached to a copy of a production or is linked to the communication of a production to the public.
The offences referred to in Sections 80 and 81 of the law shall be punishable by imprisonment of from 5 (five) to 10 (ten) years or a fine of from 500,000 to 10,000,000 CFA francs or both such imprisonment and fine.
The penalties provided for above shall be doubled where the offender is a partner of the owner of the infringed right.
Infringements of the provisions of Section 20 of the law may entail a court sentencing to jointly pay damages to the owners of the right of pursuit the buyer, vendor and the person entrusted with the sale by public auction.
In any case, the court may order the confiscation of forged copies, the equipment used to commit the offence as well as proceeds derived therefrom.
The equipment used by the forger and forged copies may be destroyed.
The court may order the publication of the decision under the conditions laid down in Section 33 of the Penal Code.
In case of violation of or threat to violate the rights provided in the law, the natural persons or corporate bodies or their legal representatives who own such rights, may request a judicial police officer or a bailiff to establish the said infringements and, if need be, seize, on the authorization of the State Counsel or competent judge, the forged copies, the illegally imported copies and objects and the equipment used or to be used for performance or reproduction, and set up to commit such forbidden acts.
The president of the civil court with jurisdiction may, by a ruling on petition, also order:
(a) The suspension of any ongoing manufacture that may lead to the unlawful reproduction of a work;
(b) The suspension of unauthorized public performances or shows;
(c) The seizure, even on non-working days or beyond working hours, of unlawfully reproduced copies of the work, already manufactured or still in the process, of the proceeds realized as well as the forged copies;
(d) The seizure of the equipment used for the manufacture;
(e) The seizure of the proceeds from any exploitation done in violation of copyrights or neighbouring rights.
Within fifteen days of the date of the seizure report, the distrainee or garnishee may petition the president of the court to limit the effects or to authorize resumption of manufacture or performance under the authority of an assignee who shall own the proceeds from such manufacture or exploitation.
The president of the court ruling in chambers may, if he upholds the petition of the distrainee or garnishee, order the petitioner to deposit an amount to guarantee damages that the author may claim.
Where the distrainee fails to refer the matter to the court with jurisdiction within fifteen days following the seizure, the president of the court ruling in chambers may order replevin at the request of the distrainee or garnishee.
Where the proceeds from exploitation due the owner of a copyright and neighbouring rights have been seized, the president of the civil court with jurisdiction shall order the payment of some amount or specific quota of the amount seized, to the author for subsistence.
Where a party infringes copyrights or neighbouring rights in the customs clearance of goods, the president of the court may order cessation of such infringement.
Where the owner of a copyright or neighbouring rights suspects imminent importation or exportation of goods that infringe his rights, he may petition the Minister in charge of customs or the president of the court to request the customs authorities to suspend the free circulation of the said goods.
The petitioner shall support his petition by providing a description of the goods and furnishing proof of infringement under the law of the importing country or the law of the Republic of Cameroon.
In order to enable the petitioner to institute and justify his court action, the customs service must provide him with all the information concerning the goods seized, notwithstanding the provisions of the customs code relating to professional secrecy. The customs clearing agent, the lighter owner or any other person shall be bound by the same obligation.
The judge or the Minister may require an affidavit from the petitioner.
The importer or exporter and the petitioner shall be informed of the suspension within five days following the decision.
Where 10 (ten) days after the petitioner is informed of the suspension, the customs authorities are not aware that any person other than the defendant has not referred the matter to the competent court, or where the competent authority has extended the suspension, the suspension shall be lifted.
The petitioner must repair the damage caused by the unjustified detention of the goods.
For the application of the above penalties, the deadline for opposition and appeal is 15 (fifteen) days and 1 (one) month with effect from the date of notification of judgment.