A Legal Appraisal of the Challenges Faced with the Enforcement of Trademarks in Cameroon

Abstract

Trademark protection plays a vital role in safeguarding intellectual property rights, promoting fair competition, and fostering economic development. In Cameroon, the legal framework for trademark protection is largely influenced by national legislation and the regional system established under the African Intellectual Property Organization (AIPO) know in its French acronym as (OAPI). Despite the existence of these legal mechanisms, the effective enforcement of trademark rights continues to face numerous challenges. This study undertakes a legal appraisal of the challenges associated with the enforcement of trademarks in Cameroon, examining both the substantive and procedural aspects of the law. The research analyzes the institutional, judicial, and administrative obstacles that hinder effective enforcement, including limited public awareness of trademark rights, inadequate enforcement capacity, procedural delays, weak border control measures, and the prevalence of counterfeit goods. It also explores the role of enforcement agencies and the judiciary, highlighting issues such as lack of technical expertise, insufficient coordination, and the inadequacy of sanctions as deterrent measures. In order to achieve same, the study makes use of the qualitative research methodology alongside the doctrinal method which permitted a legal analysis of primary and secondary data. It also makes use of unstructured interviews. The paper concludes by proposing reforms aimed at strengthening trademark enforcement in Cameroon, including legal and institutional reforms, capacity building for enforcement authorities, and increased sensitization of stakeholders. Ultimately, the study underscores the importance of effective trademark enforcement as a means of protecting rights holders, consumers, and the broader economic interests of Cameroon.