Collection of Laws for Electronic Access
YH
CAMEROON
86.—(1) Within fifteen days of the date of the seizure report, the distrainee or garnishee
may petition the president of the court to limit the effects or to authorize resumption of
manufacture or performance under the authority of an assignee who shall own the proceeds
from such manufacture or exploitation.
(2) The president of the court ruling in chambers may, if he upholds the petition of the
distrainee or garnishee, order the petitioner to deposit an amount to guarantee damages that
the author may claim.
87. Where the distrainee fails to refer the matter to the court with jurisdiction within
fifteen days following the seizure, the president of the court ruling in chambers may order
replevin at the request of the distrainee or garnishee.
88. Where the proceeds from exploitation due the owner of a copyright and
neighbouring rights have been seized, the president of the civil court with jurisdiction shall
order the payment of some amount or specific quota of the amount seized, to the author for
subsistence.
89. Where a party infringes copyrights or neighbouring rights in the customs clearance
of goods, the president of the court may order cessation of such infringement.
90.—(1) Where the owner of a copyright or neighbouring rights suspects imminent
importation or exportation of goods that infringe his rights, he may petition the Minister in
charge of customs or the president of the court to request the customs authorities to suspend
the free circulation of the said goods.
(2) The petitioner shall support his petition by providing a description of the goods and
furnishing proof of infringement under the law of the importing country or this law.
(3) In order to enable the petitioner to institute and justify his court action, the customs
service must provide him with all the information concerning the goods seized,
notwithstanding the provisions of the customs code relating to professional secrecy. The
customs clearing agent, the lighter owner or any other person shall be bound by the same
obligation.
(4) The judge or the Minister may require an affidavit from the petitioner.
(5) The importer or exporter and the petitioner shall be informed of the suspension
within five days following the decision.
(6) Where 10 (ten) days after the petitioner is informed of the suspension, the customs
authorities are not aware that any person other than the defendant has not referred the matter
to the competent court, or where the competent authority has extended the suspension, the
suspension shall be lifted.
(7) The petitioner must repair the damage caused by the unjustified detention of the
goods.
CM001EN
Copyright, Law, 19/12/2000, No. 2000/011
page 24/25