Database

Browse Database

CAMEROON

N/A

Pillar Telecom infrastructure & 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 & 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 Telecom infrastructure & 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 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

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

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 Adoption of the World Intellectual Property Organization (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

CAMEROON

Since December 2006

Pillar Foreign Direct Investment in sectors relevant to digital trade  |  Sub-pillar Requirement to engage in joint ventures to invest or operate
Law No. 2006/018 of 29 December 2006 to regulate advertising in Cameroon
According to Art. 13 of Law No. 2006/018, foreign operators wishing to carry out any advertising activity in the territory of Cameroon must conclude an agreement of representation to this effect with a Cameroonian operator duly approved for the advertising profession concerned. This also applies to online advertising.
Coverage Advertising sector

CAMEROON

Since December 2006

Pillar Foreign Direct Investment in sectors relevant to digital trade  |  Sub-pillar Nationality/residency requirement for directors or managers
Law No. 2006/018 of 29 December 2006 to regulate advertising in Cameroon
According to Art. 6 of Law No. 2006/018, any advertising company must have a principal officer (i.e. the person managing the enterprise and representing the latter in all acts of civil life) who is a Cameroonian national or, failing that, show proof of having fulfilled the conditions for foreigners to engage in commercial activities in Cameroon. This also applies to online advertising.
Coverage Advertising sector

CAMEROON

Since April 2013, last amended in July 2017

Pillar Foreign Direct Investment in sectors relevant to digital trade  |  Sub-pillar Screening of investment and acquisitions
Law No. 2013/004 of April 18, 2013 establishing incentives for private investment in the Republic of Cameroon
Cameroon has a screening process, which is applicable to all domestic and foreign investments. This screening process ensures that investors meet the criteria to qualify for private investment incentives, such as employment and export quantities. These are specified in Chapter 1, Section 14 of the Law No. 2013/004 of 2013 to lay down private investment incentives in the Republic of Cameroon.
Coverage Horizontal

CAMEROON

Since June 2018

Pillar Public procurement of ICT goods and online services  |  Sub-pillar Other limitations on foreign participation in public procurement
New Public Procurement Code of Decree No. 2018/366 of June 20, 2018
Sub-section VII (of the National Preference) of the New Public Procurement Code of Decree No. 2018/366 imposes restrictions for participation of foreign companies in public procurement. Art. 106 states that:
- When awarding a contract within the framework of an international consultation, a margin of preference is granted, to equivalent offers and in order of priority to the tenders presented by: a) a natural person of Cameroonian nationality or a legal person under Cameroonian law; b) a company whose capital is wholly or mainly held by persons of Cameroonian nationality; c) a natural person or a legal person justifying an economic activity on the territory of Cameroon; d) a group of companies associating Cameroonian companies;
- Tenders are considered equivalent when they have fulfilled the required technical conditions;
- For quantifiable works and services contracts, the national preference margin is 10% for the companies referred to in paragraph 1 above;
- For supply contracts, the national preference criterion can only be taken into account if the supply undergoes a transformation at the local or regional level of at least 15%;
- There is no national preference for non-quantifiable service contracts including intellectual services;
- National preference can only be applied when the tender documents provide for it.
Coverage Horizontal

CAMEROON

Since June 2018

Pillar Public procurement of ICT goods and online services  |  Sub-pillar Other limitations on foreign participation in public procurement
New Public Procurement Code of Decree No. 2018/366 of June 20, 2018
Art. 132 of the New Public Procurement Code of Decree No. 2018/366 stipulates in its paragraph (3) that "The services subject to subcontracting must as a priority be granted to national SMEs of which at least 51% of the capital is held by nationals, and in case of insufficiency or deficiency, to SMEs and large companies of which at least 33% of the capital is held by nationals.
Coverage Horizontal

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