CONCLUSION

 

             This write up justifiably confirms the fact that, the Bangui Agreement, in force in the, OAPI Zone is not an all-englobing Trademark Act especially as our study is concerned. Certainly, some key issues that translate this crime for example, parallel importation; comparative advertisement and above all IP infringement overlap have not been elaborately defined. However, the very fact of criminalizing the act is per se instructive and indicative of its recognition and corresponding desire of the legislator to outlaw it and to bring to book all counterfeiters.

             This outstanding protection only translates the very importance of a Trademark in the market. Trademark Counterfeiting violates the owner’s right to authorise a third party, either through licensing o assignment, to use his mark. It diminishes the distinctive value of a mark and misleads the public as to the source of the goods or services. Finally it violates the mark owner or manufacturer’s exclusive right to prevent third parties from using , in the course of trade, an identical or similar sign for identical or similar goods or services, where such use would result in a likelihood of confusion (even though the mark owner is not required to produce evidence, demonstrating likelihood of confusion in instances of absolute infringement and reputation annexation acts as seen supra in the work).

           The criminalisation of piracy and counterfeiting by all TRIPS members (article 16 supra) is indicative of the indispensability of Intellectual Property component of business relations. Generally speaking, IP seeks to protect the moral and economic rights of creators. However, certain IPRs like, trademarks, trade names and other signs do not require creative ingenuity as prerequisites for protection and do not on the whole spur intellectual fascination. That is, the information protected by these rights has a finite character than that protected by Patents and Copyrights. The latter have require creativity as a prerequisite and are by their very nature exalt the learning interest. Trademarks are simply creations of commerce, used in distinguishing business undertakings, stimulating sales and promoting trade activities.

 

BIBLIOGRAPHY

Text Books

1.W.R. CORNISH, Intellectual Property: patents, copyright, trademarks and Allied Rights. Forth edition, Sweet and Maxwell (1999)

2. World Intellectual Property Handbook Policy, Law and use, Geneva, 2001.

3. Collection of Documents on Intellectual Property (WIPO worldwide Academy) 2000

4. Christian Dudieu Djomga, La Procédure d’opposition a l’enregistrament des marques dans l’espace O.A.P.I. Presses universitaires libres 2006.

5. Dr. Eick V.A. GBODOSSOU, GUIDE PRATIQUE< protection des droit de propriete intellectuelle. Presses de l’imprimene saint-paul, Dakar, 2002

 

ARTICLES

1. DASHACO John TAMBUTOH, DO Cameroonian Laws on counterfeiting conform to the prescriptions of international conventions?,  R. A.S. J vol. 1, No 3, 2003 pp 37 – 57

2. John TAMBUTOH DASHACO< intellectual Property law Aspects of the 1992, convention on Biological Diversity – The case of traditional medicine, R.A.S.J vol. 2 No. I 2001. pp. 247 – 259.

3. NEIL J. WILKOF< Trademarks and the Public Domain; Generic marks and Generic Domain names, (2000) E.I.P.R. issue 12 c SWEET and MAXWELL LIMITED (AND CONTIBUTORS) pp 571 – 579

4. Mr. Donald Bollella, ACTIONS AND REMEDIes and disputes Resolution mechanisms for the Effective Enforcement of intellectual Property Rights. The Economic Benefits of consulting piracy and counterfeiting w.po/REG/IP/GUZ/O2/6, 2002. at c:/winntlapsdodnettemp/156 and asqbollella 6 (a) doc.

 

 

REPORTS

            The Economic Impact of Counterfeiting, OECD, 1998, by MS Hema Vithlamic of the ICC counterfeiting Intelligence Bureau for the Industry Division of the OECD’s (organisation for Economic co-operation and Development).

Electronic Sources

-         www.wipo.net.org

-         http/www.oapi.wipo.net.org

-         http/www.interpol.int/public/financial crime

-         http/www.icann.org/udrp

 

 

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