Protection of the geographical ascriptions (cm)
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Cameroun > Droit of the intellectual property
It Agreement of Bangui understands by this expression of the indications which are used to identify a product like originating in the territory, or of an area or locality of this territory, whenever a quality, reputation or another characteristic of the product can be allotted primarily to this geographical origin.
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Les conditions of the protection
the protection conferred on the geographical ascriptions expresses a bond of quality between the product and the ground. That means that the characteristics of the product emanate primarily from the geographical environment where it is obtained.
Les basic conditions
Them indications must be protected like such, if they were recorded by African Organization of the Intellectual Property (OAPI) or if an effect of recording results from a International Convention to which the States menbres left. The geographical ascriptions which were not recorded in one of the States member of OAPI Property can be protected only if their recording is laid down in a International Convention to which the States menbres left. Some indications are excluded from protection. It is about the geographical ascriptions which are against ordre public and with bonnes manners, or which is deceptives i.e. being able to mislead the public on nature, the source, qualities characteristic or the operating requirement of the products considered; geographical ascriptions which are not protected in their country of origin or which ceased being it or which fell in disuse in this country.
Les conditions of forme
the request in order to obtain protection is deposited by any person having quality to act. Under Agreement of Bangui, have quality to deposit a request for recording of a geographical ascription, the persons or entities which carry on an activity of producer in the geographical area indicated in the request, as well as the groups of such people or groups of consumer. The request is lodged or addressed to OAPI Property or with the ministry in charge of the patent rights of each Member State. The request must contain:
- la supporting document of the payment of the geographical application fee *la area to which the indication
- les applies produced to which the indication applies *la quality, reputation or another characteristic of the products for which the indication is used. Once the request deposited, the organization carries out its recording. When the conditions are met, the organization publishes the recording and issues with the holder of the recording a certificate of recording. Any interested person can make opposition to the recording of a geographical ascription by seizing the organization within 6 month as from the publication of the recording. In the same direction, the court can be seized in order to rule on the radiation or the modification of one indication.
Les effects of the protection
the recording of a geographical ascription confers an exclusive right in collective matter pertaining to any person whose productions answer the conditions of granting of the geographical ascription.
Le contained protection
the protection of a geographical ascription unlimited in time, but is limited to the territory. It should not be regarded as presenting a character generic and likely to fall into the public domain. Consequently, only the producers carrying on their activities in the territory indicated to the register have the right to use the geographical ascription at commercial purposes. Thus, the geographical ascription cannot be used to indicate products not coming from the geographical surface not considered or not having specific qualities. However, the holder of a former mark identical or similar to a geographical ascription can continue the use of his mark except if this one relates to the wines or spirits.
La sanction of the protection
the damage caused with a holder of a geograpjic indication can be repaired by application of the rules of responsability. The civil proceeding precisely aims putting an end to use of one indication the recorded or at putting an end to such a use if cell-Ci is imminent. In addition, that which voluntarily uses and in an illicit way one indication recorded is punished of a sorrow of at least 3 months imprisonment and one year to more and of a fine from 1.000.000 to 6.000.000 of Francs CFA or one of these two sorrows.
