23/09/2018
CAMEROON: PARADIZE OF INFRINGEMENT (1)
By
Barrister Christian Dudieu DJOMGA
DUDIEU IP EXPERTISE LAW FIRM
www.dudieu.com
For more than 20 years, the infringement has invaded the Cameroonian markets. Medicines, foodstuffs of prime necessity such as milk, sugar, oil but also textiles, cosmetics, mobile phones, computer products, spare parts and car accessories, the list of products concerned is long and affects the goods as well as the packaging and brands.
A scourge of such magnitude that it is difficult for Cameroonians to distinguish the originals from their copies.
• Our sisters find their faces burned by adulterated cosmetics.
• Our children have swollen mouths because of false paste of toothpaste, filed with acid.
• Our babies have burnt buttocks because of diapers filed with false celluloses.
• Our pharmacists themselves admit that they do not always manage to recognize the truth of the fake, by lack of means.
While the infringement is estimated at 10% worldwide, it reaches 30 to 80% of products sold in Cameroon and on the African continent depending on the sectors, 60% for drugs, according to a study conducted in 2016, by the DUDIEU IP EXPERTISE. Another investigation conducted in 2012 on the behalf of the company SAGE (publisher of software) found that 80% of software sold in Cameroon were infringement.
For the Director General of OAPI, Professor Denis Bohousso, "it is difficult to make accurate statistics, but we can consider that the majority of products sold on the market are infringement ": diluted products, active substances or carelessly harmful, nothing stops the traffickers of fraudulent goods.
Chalk, cassava flour and toxic products replace drugs, dangerous chemicals are used to dye fabrics. "The impact of infringement on the health of consumers is very serious and causes allergies, diabetes, kidney problems and even cancer," said Sir NKENFACK Michel President of the national association of producers of cosmetics in Cameroon.
Public health issues, infringement also has an economic impact. The lack of benefits for the Cameroonian state coffers and the citizens is huge. The Ministry of the Economy has estimated the damage suffered at 780 billion CFA francs per year, or 5.46% of GDP. Not to mention the risk for the fledgling industry.
In the last twenty years, Cameroon has lost 150,000 jobs because of infringement. Some of the jewels of the locate industry have even disappeared and the figure of business of CICAM, leader of the Cameroonian loincloth, has been halved since the 2000s. It benefits from the porosity of the borders. At the origin of this scourge, the weakness of the purchasing power of the population, who turns to cheaper products. Above all, the porosity of the borders, which finds its source in an endemic corruption.
On the initiative of DUDIEU IP EXPERTISE, some interventions have taken place.
• In July 2014, 50 million defective condoms were seized in North-Cameroon.
• Two months later, 400 million drugs were intercepted in Mudemba from Nigeria.
• In 2015, the seizure and destruction on behalf of a multinational of, two containers of fake detergents taking the OMO colors in the central market of Douala and 7000 cartons of false toothpaste branded SINGAL instead of SIGNAL in Akwa market in Douala;
• In 2016, the association after six months of investigations, dismantled and brought to justice the entire network of making a fake champagne in Douala.
But we must recognize that the operations do not always succeed. Recently, the order was given to return a seizure of medicines to Douala, because a politically influential importer was among the resellers.
In Douala, containers from China are landed monthly in thousands on the banks. The port of Douala, one of the most used ports in Central Africa, supplies CHAD, the CENTRAL AFRICAN REPUBLIC and CONGO (BRAZAVILLE) by road. Other entry doors of infringement: the north-Cameroon or products from neighboring Nigeria take advantage of the porous borders to enter Cameroon and spread throughout Central Africa.
In short, copied products often benefit from the same network as the original ones.
A phenomenon facilitated by importers at Douala Cap. "the reverse of globalization, it is an international crime chain that benefits from the prevailing laxity and local complicities. All the links of the import chain are corrupt, and close their eyes to the most dubious trafficking, even after denunciations ".
The origin of this traffic varies. While China, Turkey and Thailand manufacture manufactured goods and textiles, Nigeria has pharmaceutical laboratories that can distribute copies of genetic drugs and cosmetics, as well as electronics. Brazil and Colombia are more specialize in Agribusiness. More and more sophisticated sectors and especially difficult to track.
It has become vain to look for financial movements between the origin and the destination of the traffics, they rely on modes of financing dematerialized, by compensations of various nature at the end of the chain.
A process that transfers the responsibility for a payment to a third party. Infringement is a juicier business and far less risky than drugs. it is flourishing, and especially much less sanctioned by legislation and courts. That's why this infringement business has now overtaken drug trafficking on the African continent.
"Infringement makers are tolerated and penalties are not sufficiently dissuasive", says the Director General of OAPI, Professor prof Denis Bohousso. Result, the networks are reconverted. The infringement is no longer craft, but took industrial dimensions.
The infringement benefits multinational crime companies, including Islamic terrorist organizations such as Boko Haram and Al-Qaida in Islamic Maghreb. These are points of convergence and uncontrolled passage on the road traffic.
While the public authorities are completely overshadowed by the magnitude of the phenomenon, it is the brands that seize the problem, decided to defend their economic interests. Public-private partnerships are emerging to provide training for judges, customs and consumers.
That is why the big companies directly affected and the actors of the civil society must unite to fight against this phenomenon which has become a real plague for our economy.