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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)  |  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)
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

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

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)
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.
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
"SELECT DISTINCT(post_id) FROM prj_12_postmeta WHERE meta_key = 'score' AND\n\t\t\t\t\t\t\t\tpost_id IN (SELECT post_id FROM prj_12_postmeta WHERE meta_key = 'country' AND meta_value = 'CM')\n\t\t\t\t\t\t\t\tAND (\n\t\t\t\t\t\t\t\t\tpost_id IN (SELECT post_id FROM prj_12_postmeta WHERE meta_key = 'subchapter' AND meta_value = '1.1') OR\n\t\t\t\t\t\t\t\t\tpost_id IN (SELECT post_id FROM prj_12_postmeta WHERE meta_key = 'subchapter' AND meta_value = '1.2') OR\n\t\t\t\t\t\t\t\t\tpost_id IN (SELECT post_id FROM prj_12_postmeta WHERE meta_key = 'subchapter' AND meta_value = '1.3')\n\t\t\t\t\t\t\t\t)"
[{"post_id":"79574"},{"post_id":"79575"},{"post_id":"79576"}]
"SELECT meta_value FROM prj_12_postmeta WHERE meta_key = 'impact' AND\n\t\t\t\t\t\t\t\tpost_id IN (SELECT post_id FROM prj_12_postmeta WHERE meta_key = 'country' AND meta_value = 'CM')\n\t\t\t\t\t\t\t\tAND (\n\t\t\t\t\t\t\t\t\tpost_id IN (SELECT post_id FROM prj_12_postmeta WHERE meta_key = 'subchapter' AND meta_value = '1.1') OR\n\t\t\t\t\t\t\t\t\tpost_id IN (SELECT post_id FROM prj_12_postmeta WHERE meta_key = 'subchapter' AND meta_value = '1.2')\n\t\t\t\t\t\t\t\t)"
"SELECT meta_value FROM prj_12_postmeta WHERE meta_key = 'score' AND\n\t\t\t\t\t\t\t\tpost_id IN (SELECT post_id FROM prj_12_postmeta WHERE meta_key = 'country' AND meta_value = 'CM')\n\t\t\t\t\t\t\t\tAND (\n\t\t\t\t\t\t\t\t\tpost_id IN (SELECT post_id FROM prj_12_postmeta WHERE meta_key = 'subchapter' AND meta_value = '1.3')\n\t\t\t\t\t\t\t\t)"
ITA: [{"meta_value":"1.00"}]

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

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

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.
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

N/A

Pillar Public procurement of ICT goods and online services  |  Indicator Signatory of the WTO Agreement on Government Procurement (GPA) with coverage of the most relevant services sectors (CPC 752, 754, 84)
Lack of participation in the WTO Agreement on Government Procurement (GPA)
Cameroon is not a party to the World Trade Organization (WTO) Agreement on Government Procurement (GPA). However, the country has been an observer of the WTO GPA since 2001.
Coverage Horizontal

CAMBODIA

N/A

Pillar Online sales and transactions  |  Indicator UNCITRAL Model Law on Electronic Signatures
Lack of adoption of UNCITRAL Model Law on Electronic Signatures
Cambodia has not adopted national legislation based on or influenced by the United Nations Commission on International Trade Law (UNCITRAL) Model Law on Electronic Signatures.
Coverage Horizontal

CAMBODIA

Since November 2019, entry into force in May 2020
Since August 2020
Since October 2020

Pillar Online sales and transactions  |  Indicator Licensing scheme for e-commerce providers
E-Commerce Law (ច្បាប់ស្តីពី ពាណិជ្ជកម្មតាមប្រព័ន្ធអេឡិចត្រូនិក)

Sub-Decree No. 134 on Determination of Type, Formality and Procedure of the Issuance of Permit or Licence for Intermediaries and Online Service Providers via Electronic Platform and Its Exception (អ្នកលក់ ១៣៤ អនុក្រឹត្យ ស្តីពី ការកំណត់ប្រភេទ បែបបទ និងនីតិវិធ នៃការផ្ដល់លិខិតអនុញ្ញាតឬអាជ្ញាបណ្ណដល់អន្តរការី និងបុគ្គលផ្តល់សេវាពាណិជ្ជកម្មតាមប្រព័ន្ធអេឡិចត្រូនិក និងការលើកលែង)

Prakas No. 290 on the Issuance of Electronic Commerce Licenses and Permits (ប្រកាស ស្តីពី ការផ្ដល់លិខិតអនុញ្ញាត ឬអាជ្ញាបណ្ណពាណិជ្ជកម្មតាមប្រព័ន្ធអេឡិចត្រូនិក)
According to Art. 26.1 of the E-Commerce Law, e-commerce service providers and intermediaries must obtain e-commerce permits or licenses from the Ministry of Commerce (MOC) in addition to the general business registration. According to Art. 26.2, the licensing regime has two categories: (1) an e-commerce permit (for individual persons and sole proprietorships) and (2) an e-commerce license (for legal persons and branches of foreign companies). In August 2020, Cambodia issued Sub-Decree No. 134, an implementing regulation of the E-Commerce Law, clarifying that a license is required for legal persons and branches of foreign companies carrying out the following activities: e-commerce web services, e-commerce platform services, online market services, online auction website services, and other similar services provided through software or smart devices for the promotion of e-commerce (Art. 5.1).

In addition, pursuant to Art. 5.2 of the Sub-Decree, an E-Commerce permit is required for natural persons and sole proprietors that operate a business via electronic system in Cambodia (including those who conduct business via social media and electronic systems to supply or sell/purchase goods and services). Furthermore, according to Art. 7.1, legal entities or foreign branches that are intermediaries of electronic-commerce service providers must apply for a license at the MOC and meet the following conditions: (i) business registration and tax registration with registered business activities relating to e-commerce; (ii) it must have obtained an Online Service Certificate and domain name from the Ministry of Posts and Telecommunications; (iii) it must use an electronic application or means for operating e-commerce; (iv) the electronic system used by it must be accurate; (v) it must specify the payment method; (vi) it must have a business model and consumer protection form. If it is a legal entity or foreign branch acting as an intermediary, it must enter into a contract with the business service providers. Moreover, in October 2020, the MOC issued the Prakas No. 290 regulation, which set the required documents to apply for e-commerce licenses and permits and detailed procedures and time frames for the MOC to review the applications. The regulation also stipulates the timelines and procedures to renew the permits and licenses, among other things (Arts. 3–8.).

The E-Commerce Law broadly defines e-commerce service providers and intermediaries (Annex). An e-commerce service provider is defined as a "person who uses electronic means to supply goods and/or services except for insurance establishments". On the other hand, intermediary "refers to a person who provides the services of sending, receiving, transmitting or storing services of the electronic communication, either on a temporary or permanent basis, or provides other services relating to the electronic communication, including the following persons: a person representing the sender, receiver, transmitter, or the custodian; telecommunication service providers; network service providers; internet service providers; search engines providers; online payment service providers; online auction service providers; online marketplaces service providers and internet commerce service provider".
Coverage E-commerce sector
Sources

CAMBODIA

Since August 1997

Pillar Online sales and transactions  |  Indicator Restrictions on online payments
Law on Foreign Exchange (ច្បាប់ស្តីពីការប្តូរប្រាក់បរទេស)
Art. 5 of the Law on Foreign Exchange states that foreign exchange operations shall be undertaken solely through authorised intermediaries. These operations include purchases and sales of foreign exchange on the foreign exchange market, transfers, all kinds of international settlements, and capital flows in foreign or domestic currency between Cambodia and the rest of the world or between residents and non-residents. As a result, only banks permanently established in the Kingdom of Cambodia are considered authorised intermediaries for international settlements.
Coverage Horizontal

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