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AREAS OF PRACTICE AND SERVICES
We are members of leading National and International Organizations and take an active interest in different activities connected to the exercise of the profession, and regularly contributes articles to legal publications. We do offer internships to students of law and others in the legal field. We facilitate research of legal issues and promote good Governance and respect of human rights. Our areas of practice include;
1. INTELLECTUAL PROPERTY PROTECTION
Our Intellectual Property Practice Group provides legal services designed to protect client’s Patents, Trademarks, Trade names, Copyrights, Industrial designs, Utility models and Trade secrets. In brief, our IP practice group handles the processing, registration and protection of all Intellectual Property related matters and all post-registration procedures (various types of I.P disputes and litigation inclusive).
Cameroon is a member state of the African Intellectual Property Organization, called by its French acronym (Organization Africaine de la Propriété Intelletuelle, OAPI), charged with Intellectual Property related matters in 16 West and Central African Countries, to wit, Benin, Burkina-Faso, Central African Republic, Congo, Ivory Coast, Gabon, Guinea, Guinea Bissau, Equatorial Guinea, Mali, Mauritania, Niger, Senegal, Tchad, Togo and Cameroon. The Head Quarters of the Organization is based in Cameroon with the added advantage that all applications lodged therein are covered for the entire region. Only OAPI accredited firms are authorized to represent IP clients before the region and AKKUM, AKKUM & Associates LLP was accredited through OAPI Licence N°000018/OAPI/DG/DPG/SCAJ. With a high reputation for expediency, expeditiousness and cost-effectiveness, the firm provides the following IP related services before the OAPI region.
i) TRADE MARKS:
Our services comprise the following;
Preparing Filing and Prosecuting Trade Mark applications for registration;
- Filing for the renewal of Trade Marks;
- Trade mark searches;
- Applications for review opposition and cancellation;
- Litigation on all aspects of Trade Marks including infringement proceedings, opposition, passing-off, unlawful competition and anti-counterfeiting procedures;
- Preparing and recording modifications, assignments, renewal and trade mark licensing, contracts concerning registered trademarks.
ii)PATENTS/INDUSTRIAL DESIGNS
The Patent Department deals with all matters relating to Patents and Industrial designs, Copyrights and unlawful competition. It takes active part in the development of technological sector in Cameroon. In this respect, we have a wealth of experience in;
- Drafting, filing and prosecuting patent applications;
- Searching of novelty, legal status;
- Request reexamination and invalidation;
- Record assignments and licensing contracts;
- Litigation, including infringement and revocation proceedings;
- Institute legal proceedings against decisions of reexamination or declaration of invalidation of patents;
- Technological transfer, including negotiating and drafting of licenses.
iii) COPYRIGHTS:
Both the Patent and Trade Mark Departments have extensive expertise in the area of copyrights and can provide services in regard to copyright protection, copyright disputes and litigation, drafting of assignment and licenced agreements, International copyright matters, copyright protection of computer software, etc.
iv) LITIGATION:
We provide professional advice on all infringements of our clients IP rights and initiate infringement litigation and Administrative claims when negotiations for mediation and other amicable approaches fail.
Apart from the OAPI jurisdiction, we work in collaboration with colleagues/IP firms in other jurisdictions, like ARIPO, to satisfy client’s needs.
v) LEGAL CONSULTATION:
We help companies and corporations design and develop strategic planning in their own Intellectual Property Protection and serve as appointed corporate legal consultants for Intellectual Property matters. We also deal with legal issues arising from the use of Intellectual Property on the Internet, the registration of domain names and the resolution of domain name-related disputes.
2. CORPORATE AND COMMERCIAL SERVICES:
The firm’s Commercial and Corporate law division enjoys a local and international reputation for the quality of its work. Some of its specialized services are:
- Establishment of business entities (creation of companies, corporations and partnerships);
- Drafting and reviewing of business agreements;
- Investment of foreign and domestic businesses;
- Obtaining investment permits;
- Negotiating and drafting of join venture, collaboration, licensing and franchising agreements;
- Foreign trade and promotion representative office;
- Advise on the structuring of transactions and the most appropriate entity for transactions;
- Advise on mergers, acquisitions and take-over bids;
- Advise on stock exchange related transactions;
- Drafting of documents, such as sale agreements, leases, licensing agreements; supply agreements, shareholders’ agreements, insurance policies and other similar commercial contracts.
3. CORPORATE DETECTIVE:
AKKUM, AKKUM & ASSOCIATES LLP renders risks analyses and monitoring services to its clients. The need for preventive risk planning measures is no doubt inevitable particularly where foreign investment is concerned. In this respect we are specialized in;
- Detecting fraudulent declarations to foreign corporations, Companies, Organizations;
- Detecting fraudulent absconders and fraudulent insurance policies;
- Conducting Independent search on Transparency reports on Banks, Companies, Insurance Companies etc.;
- Providing flexible and comprehensive investigative services to legal professionals, Industries and the public in all Legal matters;
- Investigating Criminal Corporate responsibilities.
- All these reports are guaranteed absolute confidentiality, reliability, neutrality and total independence.
4. LABOUR AND TRADE RELATIONS:
The relationship between the employer and employee in Cameroon is regulated by extensive legislation. Minimum standards relating to employment conditions like the basic condition, minimum wage rates, minimum safely requirements etc… have been imposed. However, employers and employees are free to negotiate wages in conformity with prevailing legislation. We do the following:
Resolve individual and collective labour disputes;
- Advise on unfair labour practices;
- Advise on statutory based employment conditions and minimum standard;
- Advise on the labour implications of acquisitions and mergers;
- Drafting of labour contracts and other procedural agreements;
- Advise on retrenchment, rationalism, and alternative means of dispute resolution.
5. TAXES:
Taxation in Cameroon is applied both directly and indirectly while customs duties are prescribed at different rates on various goods under the Cameroon Tax Code.
The firm has a solid track-record for high quality and sound tax advice and tax planning, as well as experience in negotiating and contesting tax disputes. We offer the following tax-related services;
- Advise on the selection of appropriate tax structures for the establishment of new businesses;
- Advise on tax matters, like the most tax-effective structuring of transactions;
- Negotiating with tax Revenue authorities.
6. BANKING AND FINANCIAL SERVICES:
Our expertise in this Sector include;
- Advising on aspects of banking and insurance legislation;
- Preparing Loan documentation;
- Establishing of representative offices of foreign institutions;
- Advising on international development projects;
- Preparing of contracts and documentation relating to financial transactions;
- Obtaining banking licenses for our clients and other authorizations and permits related thereto.
7. CIVIL AVIATION:
The Firm has extensive experience in Aviation law as one of its’ Partners has been assisting Ansett World Wide Aviation in a series of Aircraft lease transactions contracted with Cameroon Airlines. More specifically the Firm can offer the following services;
Advise international clients on Cameroon Civil Aviation Law with respect to Aircraft Lease Transactions having international implications, contracted with local authorities;
- Obtain for our international clients all authorizations, consents, licenses, approvals and registrations necessary for the smooth execution of Aircraft lease Transactions,
- Review Government guarantees with respect to Aircraft lease Transactions for which the Government or state of Cameroon is a guarantor and advise foreign clients on it’s implications, authenticity;
- Prepare legal opinions with respect to Aircraft Lease Transactions;
- Advise on liability Claims and Insurance Claims.
- In addition, the Firm has excellent working relationship with the Cameroon Civil Aviation Authority and the Ministry of Transport (which regulates Aviation and other transportation matters in Cameroon) through regular contacts and interactions.
8. ADMIRALTY AND SHIPPING:
Our services in this area include, Arrest of ships and property to establish jurisdiction, claims and disputes; All required services with regard to marine casualties; Marine Insurance advice.
9. ENVIRONMENTAL / FORESTRY LAW:Environmental law in Cameroon can be regarded as a new legal discipline, which has emerged in response to a growing concern about the environment Worldwide. Unlike in the past, growing public concern has inevitably lead to more efficient enforcement of environmental law principles and the introduction of new controlling measures in Cameroon. The Firm works with appropriate consultants to offer the following services;
- Carry out environmental management assessment;
- Advise on legislation relating to environment;
- Make representations on behalf of clients to public authorities;
- Update clients on developments in environmental law;
- Obtain all permits, authorizations, consents licenses, approvals and registrations related to forestry and mineral exploitation;
- Defend Civil and Criminal prosecutions and resolve disputes through mediation.
10. HUMAN RIGHTS:
AKKUM, AKKUM & ASSOCIATES LLP acknowledges the responsibility of lawyers to provide legal services to those in needs, or in order to improve the law, the legal system or the legal profession. Our human rights division offers such services to individuals and communities based on the premise that the credibility of the legal system depends on accessibility to justice.
11. LITIGATION AND DISPUTE RESOLUTION:
Litigation in Cameroon is undertaken at various levels. There are courts of original jurisdiction and courts of Appellate jurisdiction. Our general areas of practice include the Supreme Court of Cameroon, the Provincial Appeal Courts, the Divisional High Courts and the District Courts. The litigation department handles:
- Personal injury claims;
- Commercial and industrial disputes;
- Insurance disputes;
- Admiralty and shipping disputes;
- Aviation claims;
- Labour and industrial disputes etc.
12. INVESTMENT:
Cameroon has a liberal investment code with a lot of incentives and guarantees to both nationals and foreigners. Income from an investment, for example, may be paid to a foreign investor, and the proceeds of any sale of assets in Cameroon transferred abroad by a non-resident seller. The political and social factors are quite conducive.
Labour related aspects are also very favourable to the investor as employers and employees are free to negotiate wages /salary
Furthermore, the move away from the state control of some industries (privatization) plus the tough economic climate has forced companies to be more competitive than ever before.
Except for certain basic foodstuffs and petroleum products, there is no price control system operating in Cameroon. In the Labour field, there are collective and statutory agreements regulating minimum wage levels
Foreign persons are free to conclude representations, agency, distribution and franchising agreements with local persons. These are common methods for overseas organizations to promote and sell their products in Cameroon. No stringent formalities are required for the conclusion of such agreements.
Most contracts tend to be subject to Cameroon law, but there is no bar to any foreign law serving as the governing law as long as there is some nexus between that law and the contract. Parties are free to agree on what court will have jurisdiction, or alternatively, agree that any disputes will be referred to arbitration.
Cameroon is a party to the Convention on Agency in the international sale of goods and this treaty provides a uniform approach to agency- Principal relationships with third parties in another treaty country.
The most common procedure of undertaking a direct investment in Cameroon is to float a Company. This may be wholly owned or held jointly with other local or foreign shareholders. Incorporation proceedings in Cameroon are relatively straightforward.
Cameroon is a signatory to the Treaty on the Harmonization of Business Law in Africa, known by it’s French acronym OHADA, comprising Fourteen (14) African Countries. The objective of the treaty is to harmonize Business laws in the contracting states by the elaboration and adoption of simple modern common rules adapted to their economies, by setting up appropriate judicial procedures, and by encouraging arbitration for the settlement of contractual disputes.
13. IMMIGRATION:
No alien may enter Cameroon on a permanent or temporal basis without the requisite permit. The law provides for the issuing of various temporary residence permits, namely visitors, work, business, medical permits etc. We assist our foreign clients desirous of visiting Cameroon, for business or pleasure, in this respect.
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