CAMEROON LAW AND PRACTICE Contributed by: Serges Martin Zangue, Brandon Ntahdui, Joel Noussie, Julienne Happi, Mathias Choudjem, Maeva Pokem, Winy Felifack and Synthia Pamela Dounking Amfouo, Zangue & Partners
IP rights can be crucial to national security. In these sectors, foreign investors’ patents could be subject to non-voluntary licensing if deemed necessary for the public interest or national security. Patents Critical to National Defence or Public Health If a foreign investor holds patents in sectors such as national defence or pharmaceuticals, the government may intervene to ensure that these patents are being adequately operated to meet national needs. In addi - tion to the foregoing, issues relating to IP rights could arise among stakeholders within the framework of FDI operations such as share acquisitions. 11.2 Intellectual Property Protections IP Protections in Cameroon Cameroon is a member of the African Intellectual Property Organisation ( Organisation Africaine de la Propriété Intellectuelle OAPI). As an OAPI member, IP rights registered in Cameroon automatically apply uni - formly to all 17 OAPI member states under the 2015 Bangui Agreement. The Bangui Agreement governs patents, trade marks, copyrights and other IP rights, providing a relatively strong legal basis for protection, and is equally aligned with a number of international treaties applicable to all member states. Despite these safeguards, Cam - eroon’s IP system suffers from significant challenges and weaknesses arising from various factors: • local courts lack expertise in IP law, and there are few sanctions against infringement of IP rights; • Cameroon faces significant levels of counterfeit goods, especially in the pharmaceutical, food and luxury brand industries; and • many businesses fail to register their IP rights due to lack of knowledge and financial capability. Sectors in Which It Is Difficult to Obtain IP Protection or That Are Subject to Significant Limitations on Protection or Enforcement In Cameroon, some sectors face greater difficulties in enforcing or protecting IP rights. • In the pharmaceutical industry, OAPI rules permit the government to force a foreign patent holder to
license its drug to local manufacturers if deemed necessary for public health. • In addition to the foregoing, the entertainment industry (music, films) and books suffer from high levels of piracy due to weak copyright protection. • For the time being, there are no specific provisions in the 2015 Bangui Agreement on AI-generated works such as AI-generated content, algorithms or machine learning models. Cameroon’s copyright laws only recognise human-created works. 11.3 Data Protection and Privacy Considerations Legal Framework of Data Protection in Cameroon Data protection in Cameroon is mainly governed by a set of enactments: • at the regional level, the African Union Convention on cybersecurity and the protection of personal data adopted on 27 June 2014 in Malabo; • at the sub-regional level, CEMAC Directive No 07/08-UEAC-133- CM-18 of 19 December 2008 laying down the legal framework for the protection of users’ rights relating to electronic communica - tions networks and services within CEMAC; and • at the national level, the new Law No 2024/017 of 23 December 2024 relating to personal data pro - tection in Cameroon and related legal texts. Scope of Cameroon’s Data Protection Law Cameroon’s Data Protection Law has an extraterrito - rial scope that could extend to a foreign investor in its own jurisdiction under certain conditions. Enforcement of penalties The Data Protection Law has a strong enforcement focus, and enforcement of penalties could exceed probable economic losses. The Data Protection Law has established a Person - al Data Protection Authority (PDPA) responsible for ensuring compliance with data protection laws. The PDPA does not have discretion in determining penal - ties as the sanctions for infringement of the law are outlined in the law. The law specifies the sanctions for non-compliance, which means the PDPA has limited discretion in deter -
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