From Paper to Practice: The Nagoya Protocol and the Unfulfilled Promise of Benefit-Sharing for Holders of Customary Intellectual Property Rights in Cameroon

The protection of customary intellectual property rights, particularly those relating to traditional knowledge and associated practices, has gained increasing attention in global intellectual property discourse. The Nagoya Protocol on Access to Genetic Resources and the Fair and Equitable Sharing of Benefits Arising from their Utilization was designed to ensure that indigenous peoples and local communities receive equitable benefits from the use of their knowledge. Cameroon ratified the Protocol on the 30th of November 2016 and has since adopted various legal and policy measures, including the Environmental Management Law and regulations on access to genetic resources. Despite these efforts, holders of customary intellectual property rights in Cameroon such as practitioners of traditional medicine, agricultural innovators, and custodians of cultural heritage rarely experience tangible benefits when their knowledge is accessed or commercialised. This article critically examines the disconnect between the legal recognition of these rights and the practical realization of benefit-sharing. It analyses the institutional weaknesses, legal ambiguities, low levels of community awareness, and ineffective contract enforcement that undermine implementation. Drawing on international standards, particularly the Nagoya Protocol, and relevant national legislation, the study argues that Cameroon’s current framework is insufficient to safeguard the interests of customary intellectual property right holders. It concludes with recommendations for strengthening institutional capacity, harmonising statutory and customary law, enhancing community awareness, and creating effective enforcement mechanisms to bridge the gap between paper-based recognition and the lived realities of indigenous communities.