Modification of right of drawings and models industrial (cm)
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Cameroon > Droit of the intellectual property
The right of the drawings and model indutriels to Cameroun is governed, as in the sixteen countries of African Organization of the Intellectual Property (OAPI) by the Agreement of Bangui. This text defines the drawing as any assembly of lines or colors and like model any plastic form associated or not with lines or colors provided that this appearance or form gives a special appearance to an industrial product or artisanal and draws to be used as type for the manufacture of an industrial product or artisanal. It should all the same be announced here, that it can have an agreement between a new drawing and a patentable invention. If the components of the drawing and the invention are inseparable, protection is considered only compared to or the model patents of utility. Without forgetting to mention that the drawing or industrial model can also be protected by the Royalty like work of art.
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the criteria of protection
a drawing or industrial model does not profit from conferred protection that if it is new and not opposite with ordre public and with the moralities.
La innovation of the drawing or model
the criterion of the innovation means that it is not necessary that a drawing or identical or very similar model existed before; either by a disclosure, or by a publication or a use. However, the innovation is not put in failure if the drawing or industrial model were the subject of a disclosure resulting from a manifest abuse with regard to the depositor of the request or owing to the fact that the depositor or the predecesor in right exposed in an official international exhibition.
noncontrariety with the order public
Moreover, the drawing and industrial model should not be against the law and order and with the moralities. The exploitation of a drawing and industrial model is not regarded as opposite with the law and order and the moralities of the only fact that this exploitation is prohibited by a legal or lawful provision.
Formalities and duration of protection
the drawing or industrial model must be recorded in order to be protected. On this subject, the depositor must deposit or address a postal fold recommended with request for notice of receipt to the organization or the ministry in charge of the patent rights. Its request must comprise inter alia the justifying piéce payment with the organization of the prescribed taxes, a capacity under private signature if the depositor is represented by an agent, the indication like the product for which the drawing or model will be used, two identical specimens of a chart or photographic of the drawing or model. the organization is then given the responsability to check if the know-evoked conditions are met and if the exigible taxes were acquitées. If necessary, the irregularity is notified to the applicant or with his agent by inviting it to regularize within three month with coompter of the date of notification. As regards the duration, it should all the same be specified that the certificate of recording of a drawing and industrial model expires at the end of the fifth year, as from the date of filing of the request for recording.
the conferred rights
the creator of the drawing or industrial model has the exclusive right to exploit this drawing or model and to sell or make sell with industrial or commercial purposes the products in which this drawing or model is built-in. This right involves the possibility of preventing the thirds acting without its assent to do as much of it. However, the drawing or industrial model does not produce an effect with regard to the third which at the time of the application of recording exploited already the aforementioned drawing or model on the territory of the one of the Member States or had taken messures necessary for this exploitation.
