CAMEROON
Since December 2006
Pillar Foreign Direct Investment (FDI) in sectors relevant to digital trade |
Indicator Nationality/residency requirement for directors or managers
Law No. 2006/018 of 29 December 2006 to regulate advertising in Cameroon (Loi No. 2006/018 du 29 décembre 2006 régissant la publicité au Cameroun)
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 February 1999, entry into force in February 2002, last amended in December 2015
Since December 2019, entry into force in March 2020
Since December 2019, entry into force in March 2020
Pillar Intellectual Property Rights (IPRs) |
Indicator 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 organization 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 Organization (Règlement sur la profession de Mandataire agréé auprès de l'organization Africaine de la Propriété Intellectuelle)
Regulations on the profession of Authorised Agent before the African Intellectual Property Organization (Règlement sur la profession de Mandataire agréé auprès de l'organization 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 Organization (OAPI) is governed by the Regulations on the profession of Authorised Agent before the OAPI.
Coverage Horizontal
Sources
- https://www.wipo.int/wipolex/en/text/582620
- https://web.archive.org/web/20230323192022/http://www.oapi.int/Ressources/reglement_mandataire/REGLEMENT_PROFESSION_MANDATAIRE.pdf
- https://web.archive.org/web/20220120063358/http://www.droit-afrique.com/upload/doc/oapi/OAPI-Guide-depot-brevet.pdf
- https://web.archive.org/web/20240123201653/https://pctlegal.wipo.int/eGuide/view-doc.xhtml?doc-code=CM&doc-lang=en#GENERAL%20INFO
- Show more...
CAMEROON
Since January 1978
Pillar Intellectual Property Rights (IPRs) |
Indicator Participation in the Patent Cooperation Treaty (PCT)
Patent Cooperation Treaty (PCT)
Cameroon is a party to the Patent Cooperation Treaty (PCT).
Coverage Horizontal
CAMEROON
Since December 2000
Since March 1977, as amended in December 2015, entry into force in November 2020
Since March 1977, as amended in December 2015, entry into force in November 2020
Pillar Intellectual Property Rights (IPRs) |
Indicator 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 organization 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)
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 organization 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 copyright regime under the law Law No. 2000/011 of 19 December 2000 on Copyright and Neighbouring Rights. However, the exceptions do not follow the fair use or fair dealing model, therefore limiting the lawful use of copyrighted work by others. Art. 29 outlines the exceptions, including private performances strictly within family circles, performances given free of charge for educational and academic purposes, and reproductions and transformations in one copy for the strictly personal and private use of the individual who makes them.
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). Although the Agreement establishes a set of copyright exceptions, these do not adhere to the fair use or fair dealing models.
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). Although the Agreement establishes a set of copyright exceptions, these do not adhere to the fair use or fair dealing models.
Coverage Horizontal
CAMEROON
N/A
Pillar Intellectual Property Rights (IPRs) |
Indicator Adoption 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
N/A
Pillar Intellectual Property Rights (IPRs) |
Indicator Adoption of the WIPO Performances and Phonograms 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) |
Indicator 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 Telecom infrastructure & competition |
Indicator 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. Moreover, passive infrastructure sharing is practised in the mobile and fixed sectors based on commercial agreements.
Coverage Telecommunications sector
CAMEROON
N/A
Pillar Telecom infrastructure & competition |
Indicator 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 |
Indicator 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 has been an obligation of accounting separation since 2015.
Coverage Telecommunications sector
CAMEROON
N/A
Pillar Tariffs and trade defence measures applied on ICT goods |
Indicator Participation in the WTO Information Technology Agreement (ITA) and 2015 expansion (ITA II)
Lack of participation in Information Technology Agreement (ITA) and in ITA Expansion Agreement (ITA II)
Cameroon is not a signatory of the 1996 World Trade Organization (WTO) Information Technology Agreement (ITA) nor the 2015 expansion (ITA II).
Coverage ICT goods
Sources
- https://www.wto.org/english/news_e/brief_ita_e.htm#:~:text=ITA%20participants%3A%20Australia%3B%20Bahrain%3B,%3B%20Jordan%3B%20Korea%2C%20Rep.
- https://www.wto.org/english/res_e/booksp_e/ita20years_2017_full_e.pdf
- https://web.archive.org/web/20220120054410/https://trade.ec.europa.eu/doclib/docs/2016/april/tradoc_154430.pdf
- https://www.wto.org/english/tratop_e/inftec_e/itscheds_e.htm
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CAMEROON
Since June 2018
Pillar Public procurement of ICT goods and online services |
Indicator Other limitations on foreign participation in public procurement
New Public Procurement Code of Decree No. 2018/366 of June 20, 2018 (Décret No. 2018/366 du 20 juin 2018 portant Code des Marchés Publics)
Sub-section VII (of the National Preference) of the New Public Procurement Code of Decree No. 2018/366 imposes restrictions on the participation of foreign companies in public procurement. Art. 106 states that:
- When awarding a contract within the framework of 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.
- When awarding a contract within the framework of 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 |
Indicator Other limitations on foreign participation in public procurement
New Public Procurement Code of Decree No. 2018/366 of June 20, 2018 (Décret No. 2018/366 du 20 juin 2018 portant Code des Marchés Publics)
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 nationals hold at least 51% of the capital, 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
CAMEROON
ITA signatory?
I
II
Pillar Tariffs and trade defence measures applied on ICT goods |
Indicator Effective tariff rate on ICT goods (applied weighted average)
Effective tariff rate to ICT goods (applied weighted average)
15.51%
Coverage rate of zero-tariffs on ICT goods (%)
1.15%
Coverage: ICT goods
Sources
- http://wits.worldbank.org/WITS/
- https://www.wto.org/english/news_e/brief_ita_e.htm#:~:text=ITA%20participants%3A%20Australia%3B%20Bahrain%3B,%3B%20Jordan%3B%20Korea%2C%20Rep.
- https://www.wto.org/english/res_e/booksp_e/ita20years_2017_full_e.pdf
- https://web.archive.org/web/20220120054410/https://trade.ec.europa.eu/doclib/docs/2016/april/tradoc_154430.pdf
- https://www.wto.org/english/tratop_e/inftec_e/itscheds_e.htm
