In Tanzania, the protection of Intellectual Property (IP) is available for local businesses and foreign businesses even if they are operating outside Tanzania. The IP protection covers patents, trademarks, copyrights, industrial designs and plant breeders’ rights. The registration of patents and trademarks is administered by the Business Registrations and Licensing Agency (BRELA). The Copyright is administered by Copyright Society of Tanzania administers. Plant breeders rights are administered by the Plant Breeders’ Rights Registry. 　　

Patent

The Patents Act 1987 governs the protection of patents. Tanzania has also ratified the World Intellectual Property Organization Convention (WIPOC), Paris Convention, Patent Cooperation Treaty (PCT) and Agreement on the Creation of the African Regional Industrial Property Organization (ARIPO). The kinds of patents that can be protected in Tanzania are patents of inventions and utility models. A patent may be registered for inventions (other than a discovery, scientific theory, mathematical method, aesthetic creation, computer program or presentation of information) meeting specified requirements relating to novelty, utility and inventiveness. An invention is eligible for utility certificate if it is new, involving a sufficiently inventive step and industrially applicable. Subject to payment of annual fees, the maximum duration of protection is 20 years for patents of invention and seven years for utility models. A patent granted by ARIPO designating Tanzania is protected once the Patent Office has notified about the grant. Patents granted through the PCT designating Tanzania are also protected. The time limit for entering the national phase for PCT patents is 21 months from the priority date. 　　

Trademark

The Trade and Service Marks Act 1986 Cap. 326 R.E 2002 and The Trade and Service Marks Regulations of 2000, governs protection of trademarks in Tanzania. Tanzania has also ratified the WIPOC, Paris Convention, Nice Agreement Concerning the International Classification of Goods and Services for the Purposes of the Registration of Marks, and Agreement on the Creation of the ARIPO. Any mark which is a visible sign that graphically represents and is capable of distinguishing goods or services from those of others can be registered. Under the Trade and Service Marks Act, 1986, no marks or logos could be registered that is inherently deceptive or which would be likely to cause confusion. Registration of a trademark is for a period of seven years and may be renewed for further periods of 10 years in perpetuity. Trademark applications must be filed with the Tanzanian Trademark Office in a prescribed form. In most cases, the Tanzanian Trademark Office requests for evidence of registration from other countries before accepting registration of the marks. Trademarks registered by ARIPO designating Tanzania are also protected in Tanzania and the duration of registration is 10 years which is renewable. 　　

Industrial Design

There is no local system for registration of designs in Tanzania. Designs can only be protected in Tanzania through ARIPO registration. Designs registered by ARIPO designating Tanzania are protected initially for 10 years from the date of filing. 　　

Copyright

Copyrights are protected under the Copyright and Neighboring Rights Act, 1999. Tanzania is also a member of the Berne Convention for the Protection of Literary and Artistic Works of 1886. Under Tanzanian law, copyright is recognized as a property right which vests in the authors of original literary, dramatic, musical and artistic works. Copyright also vests in authors of sound recordings, films, broadcasts, cable programs and typographical arrangements of published editions. Several copyrights can exist in one work. The duration of copyright protection is the life of the author and 50 years after his death. In case of joint authorship, duration of protection is the life of the last surviving author and 50 years after his death. For a work published anonymously or under pseudonym, duration of copyright protection is, subject to certain exceptions, 50 years from the date on which the work was either made, first made available to the public or first published, whichever date is the latest. TANZANIA Audio-visual works are protected for 50 years from the date on which the work was either made available to the public or first published, whichever date is the latest. Applied artwork is protected for 25 years from the date of making the work. 　　

Plant Varieties

Inventions concerning plants are protected under the Plant Breeders’ Rights Act, 2012 if a plant breeders’ right with respect to any plant variety is new, distinct, uniform and stable. A variety is deemed to be distinct if it is clearly distinguishable from any other variety whose existence is common knowledge at the time of the filing of the application for the granting of plant breeders’ rights or for the entering of another variety in the official register of varieties in any country. A variety is deemed to be stable if it is able to retain its distinctive characteristics with a reasonable degree of reliability after repeated propagation or at the end of a particular cycle of propagation. A variety is deemed to be uniform if variations within that variety are sufficiently uniform. The duration of protection for a plant variety is 20 years and 25 years for a variety of vine and tree. In order to maintain the plant breeders’ rights, the holder must pay an annual fee in advance, starting with the second year after the date of filing of the application. The holder who fails to pay annual fees on the due date may, upon payment of a surcharge, pay the fee at any time in the following 6 months without affecting the plant breeders’ rights. If the fee is not paid within this period, the plant breeders’ rights will lapse, and the Registrar will cancel the right. At any time within 6 months before expiration of the period of registration, the holder may apply for extension of additional 5 years.

Provided by Lexglobe LLP in Tanzania.

Source:

International IP Law Firms reserves the full copyright of this article. Any transfer must be under our permission and with the mark of International IP Law Firms