Intellectual Property Laws at Tanzania
Tanzania has established a comprehensive intellectual property (IP) framework to protect creators' rights and foster innovation. Here's an overview of the key aspects of IP law in Tanzania:
Key IP Laws and Regulations
1. Trademarks
Mainland Tanzania Governed by the *Trade and Service Marks Act, 1986.
Zanzibar Regulated under the *Zanzibar Industrial Property Act No. 4 of 2008.
Protection Registered trademarks are protected for 10 years and can be renewed indefinitel.
Registration Process Applications are examined based on the 10th edition of the Nice Classification.
Unregistered Trademarks May be protected under common law if they have acquired distinctiveness.
2. Patents
Mainland Tanzania Patents are governed by the Patents (Registration) Act, Cap. 217, providing protection for 10 years.
Zanzibar Patents are protected under the Zanzibar Industrial Property Act No. 4 of 2008, offering protection for 20 years.
ARIPO System Tanzania is a member of the African Regional Intellectual Property Organization (ARIPO), allowing for regional patent protection.
3. Copyright
Governing Law **Copyright and Neighbouring Rights Act, Cap. 218*.
Protection Automatic upon creation of the work; no registration require.
Recent Developments The Copyright Licensing and Rights to Benefit from Re-Sale Regulations, 2022 introduced provisions for resale royalties, granting authors of original artworks a 5% share in the proceeds from subsequent sale.
4. Industrial Designs
Mainland Tanzania No local system for registration; protection is available through ARIPO or the United Kingdo.
Zanzibar Protection is provided under the *Zanzibar Industrial Property Act No. 4 of 2008.
5. Enforcement and Dispute Resolution
Judicial Capacity Building Tanzania has undertaken initiatives to enhance the knowledge of judges and magistrates through training programs, improving the handling of IP case.
International Collaboration Active participation in WIPO-led programs and conferences to strengthen IP enforcement mechanism.
🌐 *International Treaties and Agreements
Tanzania is a signatory to several international conventions, including:
*TRIPS Agreement: Sets minimum standards for IP protection and enforcement.
*WIPO Convention: Established the World Intellectual Property Organization.
*Paris Convention: For the Protection of Industrial Property.
*Berne Convention: For the Protection of Literary and Artistic Works.
*ARIPO: Agreement on the Creation of the African Regional Industrial Property Organization.
*Harare Protocol: Protocol on Patents and Industrial Designs within ARIO.
📌 Contact Information
Mainland Tanzania
Business Registration and Licensing Agency (BRELA)
Zanzibar
Zanzibar Business and Property Registration Agency (BPRA)
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