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CAMEROON

N/A

Pillar Domestic Data policies  |  Sub-pillar Framework for data protection
Lack of comprehensive legal framework for data protection
Cameroon does not have a comprehensive regime in place for all personal data, but it has sectoral regulation. In addition, the national Constitution amended by the Law No. 96-06 of 18 January 1996, guarantees privacy of communications in its preamble, stating that “the privacy of all correspondence is inviolate. No interference may be allowed except by virtue of decisions emanating from the Judicial Power”. The 2010 Cybersecurity and Cybercrime law also provides for the privacy of communications under Art. 41. The obligation for service providers to guarantee users’ privacy and the confidentiality of information is covered under Arts. 42 and 26. Also Decree No. 2013/0399/PM of 27 February 2013 Laying Down the Rules for the Protection of Consumers of Electronic Communications Services. Within the CEMAC zone the E-Communications Consumer Protection Decree urges operators to guarantee the confidentiality of electronic communications and data on their networks.
Coverage Horizontal

CAMEROON

Since December 2010
Since December 2008

Pillar Domestic Data policies  |  Sub-pillar Minimum period for data retention
Law No. 2010/012 of 21 December 2010 on Cybersecurity and Cybercrime in Cameroon

Regulation No. 07/08-UEAC-133-CM-18 of December 19, 2008 establishing the legal framework for the protection of the rights of users of networks and electronic communications services within CEMAC
According to Art. 25, Section I of Law No. 2010/012 of 21 December 2010 on Cybersecurity and Cybercrime in Cameroon, network operators and providers of electronic communications services have the obligation to keep connection and traffic data for a period of ten years. This is despite the sub-regional legislation of CEMAC, to which Cameroon belongs, provides for a maximum period of two years during which the States can allow operators to keep traffic data for security reasons.
Coverage Network operators and providers of electronic communications services

CAMEROON

Since 2010

Pillar Telecom infrastructure and competition  |  Sub-pillar Other restrictions to operate in the telecom market
Law No. 2010/013 of 21 December 2010 governing electronic communications in Cameroon
According to Art. 10.1 of the Law No. 2010/013 governing electronic communications in Cameroon, a license is issued to any natural or legal person to establish and operate in the telecom sector.
Coverage Telecommunications sector

CAMEROON

N/A

Pillar Telecom infrastructure and competition  |  Sub-pillar Signature of the WTO Telecom Reference Paper
Lack of appendment of WTO Telecom Reference Paper to schedule of commitments
Cameroon has not appended the World Trade Organization (WTO) Telecom Reference Paper to its schedule of commitments.
Coverage Telecommunications sector

CAMEROON

N/A

Pillar Telecom infrastructure and competition  |  Sub-pillar Presence of independent telecom authority
Lack of independent telecom authority
Cameroon has a telecommunications authority: Agence de Régulation des Télécommunications (ART). However, it is reported that this entity is not fully independent.
Coverage Telecommunications sector

CAMEROON

N/A

Pillar Telecom infrastructure and competition  |  Sub-pillar Functional/accounting separation for operators with significant market power
Lack of mandatory functional and accounting separation for dominant network operators
It is reported that Cameroon does not mandate functional separation for operators with significant market power (SMP) in the telecom market. However, there is an obligation of accounting separation since 2015.
Coverage Telecommunications sector

CAMEROON

N/A

Pillar Telecom infrastructure and competition  |  Sub-pillar Passive infrastructure sharing obligation
Requirement of passive infrastructure sharing
It is reported that there is an obligation for passive infrastructure sharing in Cameroon to deliver telecom services to end users. It is practiced in the mobile sector and in the fixed sector based on commercial agreements.
Coverage Telecommunications sector

CAMEROON

N/A

Pillar Telecom infrastructure and competition  |  Sub-pillar Presence of shares owned by the government in telecom companies
Presence of shares owned by the government in the telecom sector
The incumbent telecom provider, CAMTEL, is a fully state-owned enterprise.
Coverage Telecommunications sector

CAMEROON

N/A

Pillar Intellectual Property Rights (IPRs)  |  Sub-pillar Signature of the WIPO Performances and Phonogram Treaty
Lack of signature of the WIPO Performances and Phonograms Treaty
Cameroon has not signed the World Intellectual Property Organization (WIPO) Performances and Phonograms Treaty.
Coverage Horizontal

CAMEROON

N/A

Pillar Intellectual Property Rights (IPRs)  |  Sub-pillar Effective protection covering trade secrets
Lack of comprehensive trade secret regime
Cameroon lacks a comprehensive framework in place that provides effective protection of trade secrets, but there are provisions addressing disclosure, acquisition or use of confidential information in the course of industrial or commercial activities by third parties in Art. 6 of Annex VIII of the Bangui Agreement ratified by 17 French-speaking States, including Cameroon since 2002.
Coverage Horizontal

CAMEROON

Since December 2000
Since March 1977, as amended in December 2015, entry into force in November 2020

Pillar Intellectual Property Rights (IPRs)  |  Sub-pillar Copyright law with clear exceptions
Law No. 2000/011 of 19 December 2000 on Copyright and Neighbouring Rights (Loi No. 2000/011 du 19 décembre 2000 relative au droit d'auteur et aux droits voisins)

Bangui Agreement Relating to the Creation of an African Intellectual Property Organization, Constituting a Revision of the Agreement Relating to the Creation of an African and Malagasy Office of Industrial Property (Bangui (Central African Republic), 2 March 1977) (Accord de Bangui relatif à la création d'une Organisation Africaine de la Propriété Intellectuelle, constituant révision de l'Accord relatif à la création d'un Office Africain et Malgache de la Propriété Industrielle (Bangui (République centrafricaine), le 2 mars 1977)
Cameroon has a clear regime of copyright exceptions, which enable the lawful use of copyrighted work by others without obtaining permission (Art. 29 of Law No. 2000/011). The regime follows the fair use model. In addition, the Revised Bangui Agreement, which is a regional intellectual property law that is not only a regional convention applicable in all member states but also serves as a national intellectual property law in Cameroon and each of the other member states, contains provisions on copyright in Annex VII: Chapter IV (Limitations to Economic Rights) and establishes a regime of copyright exceptions.
Coverage Horizontal

CAMEROON

Reported in 2018

Pillar Intellectual Property Rights (IPRs)  |  Sub-pillar Enforcement of copyright online
Lack of adequate enforcement of copyright online
Copyright is not properly enforced online in Cameroon. The rate of unlicensed software installation in the country was reportedly 80% in 2017 (above the 56% rate of Middle Eastern and African countries), for an estimated commercial value of unlicensed software of USD 20 million
Coverage Horizontal

CAMEROON

N/A

Pillar Intellectual Property Rights (IPRs)  |  Sub-pillar Signature of the WIPO Copyright Treaty
Lack of signature of the WIPO Copyright Treaty
Cameroon has not signed the World Intellectual Property Organization (WIPO) Copyright Treaty.
Coverage Horizontal

CAMEROON

Since February 1999, entry into force in February 2002, last amended in December 2015
Since December 2019, entry into force in March 2020

Pillar Intellectual Property Rights (IPRs)  |  Sub-pillar Practical or legal restrictions related to the application process for patents
Bangui Agreement Relating to the Creation of an African Intellectual Property Organization, Constituting a Revision of the Agreement Relating to the Creation of an African and Malagasy Office of Industrial Property (Bangui (Central African Republic), 2 March 1977) (Accord de Bangui relatif à la création d'une Organisation Africaine de la Propriété Intellectuelle, constituant révision de l'Accord relatif à la création d'un Office Africain et Malgache de la Propriété Industrielle (Bangui (République centrafricaine), le 2 mars 1977)

Regulations on the profession of Authorised Agent before the African Intellectual Property Organisation (Règlement sur la profession de Mandataire agréé auprès de l'Organisation Africaine de la Propriété Intellectuelle)
According to the Bangui Agreement, ratified by 17 French-speaking States, including Cameroon, applicants resident outside the territory of the member States must file through an agent selected in one of those member States (Section III, Art. 8). The professional status of agent accredited to the African Intellectual Property Organisation (OAPI) is governed by the Regulations on the profession of Authorised Agent before the OAPI.
Coverage Horizontal

CAMEROON

Since January 1978

Pillar Intellectual Property Rights (IPRs)  |  Sub-pillar Participation in the Patent Cooperation Treaty
Patent Cooperation Treaty (PCT)
Cameroon is a party to the Patent Cooperation Treaty (PCT).
Coverage Horizontal