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The firm is organized into four practice departments, namely:
I-THE AIPO / OAPI EXPERTIS
The firm has one of the most efficient and dynamic IP team of attorneys in OAPI (African union). Our area of practice includes:
a) PROCUREMENTS OF IP RIGHTS:
Conducting searches, registration, maintenance (trademark renewals and patent annuity payments), industrial designs, geographical indications, trademark opposition proceedings, invalidation, cancellation of infringing trademarks, patents and industrial designs.
Advising and drafting of patent specifications. Our patent attorneys have extensive experience in patents involving engineering information technology, software, electronics and biotechnology.
b) EXPLOITATION OF IP RIGHTS:
Advising on all IP matters and assisting in drafting of documentation relating to assignments, licensing agreements, franchise agreements, distributorship agreements, confidentiality agreements, know-how and technology transfer agreements involving intellectual properties, information technologies and related agreements.
c) ENFORCEMENT OF IP RIGHT
We organize, plan, co-ordinate and conduct anti-counterfeiting and anti-piracy programs which include taking administrative actions (raid and seizure) by maintaining a close working relation with the Enforcement Division of the Ministry of Trade and Commerce of Cameroon.
Our invaluable experience, skills and know-how on enforcement of IP rights put us at the forefront of assisting IP owners through more effective raid action and prosecution.
d) IP LITIGATION AND DISPUTE RESOLUTION
We handle litigation and disputes relating to the infringement of patents, industrial designs, copyright, trade mark rights, passing–off, breach of confidence, invalidation and rectification of IP rights. This includes applying interlocutory relief such as interim injunctions and Anton Piller orders.
e) ENTERTAINMENT LAW SERVICES
We act as outside counsel to most entertainment projects and assist producers, composers, managers, concert promoters, music publishing companies and performers in the negotiation and drafting of all types of contract including recording contracts, co-production agreements, financing agreements, talents agreements, distribution agreement, songwriter agreements, band member agreements and management agreements.
f) INTERNET LAW
Domain names registration
• Preliminary checking operations and registration of domain names in Cameroon,
• Follow-up of the file and of annuity deadlines.
• Up-date of registration procedures worldwide
Domain names watch
• Watch on new domain name registrations which would include your marks or corporate name.
• Watch around the use of your marks on unauthorized Web pages.
Domain names renewal
• Survey and watch of domain names expiry terms.
• Proceeding with the renewal of the domain name upon your instructions.
Domain names rehabilitation
• Amicable action with the owners: negotiations, purchase and transfer of domain names.
• Administrative action: filing complaints before the WIPO Arbitration and Mediation Centre.
• Court action
g) TECHNOLOGY AND LICENSING
We provide expertise in negotiating and structuring agreements on computer hardware and software technology, e-commerce, internet and telecommunications, new technology, web and other compliance
II-THE AFRICAN PRACTICE
This specialized unit is headed by a Partner and deals with IP portfolio management & enforcement within the African continent. The unit works in close coalition with top rated agents/associates in individual countries, who bring their local knowledge to bear in handling clients’ portfolios.
The proximity of 16 African countries to OAPI and the ease of transportation between countries make the various trademark registries very accessible. This gives a better advantage in handling our clients’ portfolios.
The unit offers competitive filing rates for an all inclusive one-stop service.
III-IP LITIGATION & DISPUTE RESOLUTION
We handle litigation and disputes relating to the infringement of patents, industrial designs, copyright, trade mark rights, passing–off, breach of confidence, invalidation and rectification of IP rights. This includes applying interlocutory relief such as interim injunctions and Anton Piller orders.
This department handles all opposition and 3rd party actions before the Trademark Registrar. The Range of services provided by the department includes:
• Advice /opinions on strategy, line of action, chances of success prior to filing oppositions
• Pre-opposition objections e.g. objections to registration of trademarks accepted in error,
• Lodging objections - filing Notices of Opposition,
• Defending objections – filing Counter Statements, Statutory Declarations e.t.c.,
• Hearings & Submissions before the Registrar(Oral & Written)
• Filing “caveats” in respect of re-advertisements,
• Prompt application and issuance of Abandonment,
• Obtaining successful appeals against opposition rulings,
• Obtaining favourable rulings in clients’ favour
Our litigation expertise and experience cuts across various areas of intellectual property matters (especially trademarks).
The department is headed by a Partner with many years of varied experience and handles all IP related forms of litigation including Brand protection & IP Rights Enforcement.
The department offers consultancy and advisory services in the negotiation, mediation and settlement of disputes arising from commercial contracts, patents, designs, trademarks, copyrights and other IP issues. There is a preference for and propagation of alternative means of resolving such disputes.
The Anti-Counterfeiting Team is headed by a Senior Associate and offers the following:
• Watch Service/ Market Investigations,
• Opinions & Action Planning,
• Interim & Interlocutory Injunctions,
• Anti-Counterfeiting measures,
• Police Raids,
• Public Awareness
The Team members handle Litigation, Alternative Dispute resolution and general IP experience. It is supervised by a Partner.
IV-INVESTMENT & COMPLIANCE PRACTICE
1. Advising on the Investment structure and legal forms of business in Cameroon
2. Advising on compliance with regulatory and tax requirements.
3. Logistics Services
a. Invitation Letters to parties for a business trip to Cameroon
b. Airport-Town Transportation Arrangements
c. Hotel Accommodation Arrangements
4. Incorporation of companies including Representative/Liaison Offices
5. Registration of Non-Governmental Bodies
6. Company Secretarial Services
a. Filing of Annual Returns and other Statutory Returns
b. Attendance at Board of Directors and Shareholder Meetings
c. Preparation of Minutes of Meetings
d. Preparation of Resolutions and other Notices to be filed at the competent Company Registries in Cameroon,
7. Obtaining and maintaining Pre-investment Approvals
a. Obtaining Business Permits
b. Registration of eligible companies with Cameroonian National Free Trade zone
c. Notification/Approval at Securities & Exchange Commission
d. Obtaining applicable investment Incentives
8. Registration with Sector Regulatory Agency/Authority:
a. Cameroonian Communications Commission
b. Cameroonian National Competition Commission
c. Telecommunication Regulating Board in Cameroon
9. Advising and assisting with procuring accommodation (Office and Residential leases):
a. Sourcing for and arranging office space and employee accommodation
b. Preparing and/or reviewing of lease/tenancy agreements
c. Negotiation with landlord and/or landowners
10. Obtaining all requisite Immigration Approvals
a. Expatriate labour agreement endorsement/Approvals and renewals
b. Work Permits
c. Resident Permits
d. Visas
e. Immigration Returns
f. General liaison with Ministry of Internal Affairs and Cameroonian Immigration Service
g. Advising on Import and Export Procedure and Documentation
11. Assisting with Banking Matters
a. Opening of Bank Accounts (Local and Domiciliary Account)
b. Obtaining Exchange Control approvals for repatriation of profits
12. Products Registration at the Cameroon National Food and Drug Agency
a. Advising on registration with Cameroon’s Ministry of Health and National Food and Drug Agency
b. Obtaining and Renewal of Approval from the Cameroon National Food and Drug Agency
c. Filing and prosecution of Petitions against unfavourable decisions.
13. Registration of Technical Agreements with National Office for Technology Acquisition and Promotion facilitating foreign technical participation
a. Advising on compliance with legislation and regulations for the acquisition of foreign technology
b. Obtaining Approval for Registration of Technical Agreement
c. Filing and prosecution of Petitions against unfavourable decisions
14. Registration with Tax Authorities -
a. Procurement of Business Licence
b. Procurement of Tax payer’s card for company for VAT Registration
c. Obtaining Pre-operational Tax Clearance Certificates (Tax Exemption Certificates)
PATIMARK LLP also offers a comprehensive range of outsourced investigation, debt collection and legal translation services that combine the best people, the best technology and the best practices. |