MULTI-STAKEHOLDER WORKSHOP ON THE USE OF IP FOR TECHNOLOGICAL CAPACITYBUILDING & THE ESTABLISHMENT OF TECHNOLOGY AND INNOVATION SUPPORT CENTERS IN THE UNITED REPUBLIC OF TANZANIA AT HYATT REGENCY DAR ES SALAAM 19/10/2011 IP LAW AND ADMINISTRATION IN TANZANIA Presented by: Leonila Kishebuka Deputy Registrar, Business Registrations and Licensing Agency [BRELA],

 A. INTRODUCTION APPLICATION OF THE LAW WHAT CONSTITUTE IP  B. NATIONAL LEGAL FRAMEWORK; i) TRADE AND SERVICE MARKS ii) PATENTS iii) INDUSTRIAL DESIGN iv) COPYRIGHT AND NEIGHBOURING RIGHTS v) OTHER LEGISLATION  C. LEGAL IMPLEMENTATION i) CHALLENGES

 C. LEGAL IMPLEMENTATION IP ENFORCEMENT i) CHALLENGES D. EXTERNAL LINKS &ITS BENEFITS E. ON GOING INITIATIVES F. CONCLUSION.

A. INTRODUCTION  Genesis of IP in Tanzania  IP like other laws during colonial time was imported through a reception clause  Evolution of IP and the set up of a legal framework. Through revisions, global influence  What is IP? Are rights derived from protection of one’s Intellectual creations, creation of the mind reduced into tangible things.

APPLICATION OF THE IP LAW  IP is not a union matter save for some aspects which are of international nature.  Zanzibar has its own legal framework.

WHAT CONSTITUTE IP  Intellectual Property has two subsets: i) Industrial Property; administered by BRELA & FCC (Fair Competition Commission) ii) Copyright and Neighboring rights; administered by COSOTA  Other IP laws like Protection of New Plant Varieties (Plant Breeders' Rights) this is under the Ministry of Agriculture, Cooperative and Food Security.

B. NATIONAL LEGAL FRAMEWORK ;  Based on three major legislation administered by BRELA & COSOTA:  Trade and Service Marks,  Patents,  Copyright and Neighboring rights.

B. NATIONAL LEGAL FRAMEWORK ;  Based on three major legislation administered by BRELA & COSOTA:  Trade and Service Marks,  Patents,  Copyright and Neighboring rights.

Trade/service marks  Governed by Cap 326 [R.E. 2002]  It set out guidelines on the administration of T/S Marks  The Act is useful especially for SMEs to enable them distinguish their products in the market.  Set out a dispute settling mechanism in the office of the Registrar from which appeals lies to the high court

PATENTS  Governed by Cap 217 [R.E. 2002]  Deals with inventions  Inventors by applying for a patent are given protection which enables them exploit their inventions uninterrupted.  Time set to 20 years  Technology to be disclosed in exchange of protection

COPYRIGHTS  Governed by Cap 218 [R.E. 2002]  Protects literary and artistic works, expressions of folklore and related/neighboring rights  Duration of protection is life time and 50 years after death for a natural person and 50 yrs for a legal person from the date of publication.

NATIONAL LEGAL FRAMEWORK(cont..)  Other laws; industrial designs, The Protection of New Plant Varieties (Plant Breeders' Rights), The Fair Competition Commission and The Merchandise Marks  Also forming part of the legal framework are the IP enforcing agencies: judiciary, customs Fair Competition Tribunal and Police  Individual IP Institutional arrangements: UDSM, Open University, SUA etc.

IP enforcement Enforcement mechanism is handled by courts, BRELA and FCC:  High Court on Industrial Property cases as a court of first instance in infringement and passing off cases. Deals also with referral and appeal cases from BRELA; the Registrar & FCC.  District Courts deals with Copyright cases.

CHALLENGES:  Lack of adequate knowledge on Intellectual Property  Lack of Intellectual Property policy  Inadequate capacity of enforcing agencies  Lack of inter institutional IP coordination and information exchange

D. EXTERNAL LINKS i) Tanzania’s membership to International conventions: Paris Convention for the protection of Industrial Property. World Intellectual Property Organization (WIPO). Berne Convention for the Protection of Literary and Artistic Works PCT-Patent Cooperation Treaty World Trade Organization Agreement on Trade-Related Aspect of Intellectual Property Rights[TRIPs]

D. EXTERNAL LINKS (cont..) ii)Regional Organizations o Tanzania is also a member to The Africa Regional Intellectual Property Organization [ARIPO] and is a signatory to various Protocols administered by ARIPO: o The Harare Protocol on Patents and Industrial Designs o The Banjul Protocol on Trade and Service Marks

BENEFITS OF EXTERNAL LINKS  Single application covering member countries of your choice  Cost and time saving  Avoidance of unnecessary competition  Control of your IP in a large area

E. SOME ON GOING INITIATIVES  i)National IP strategy/plan - It is a plan to stimulate IP innovation, fully utilization of IP, legally protect IPRs and scientifically administrate IP, implementing the National Intellectual Property Strategy and to energetically improve IPR creation, utilization (commercialization),  Initiatives by BRELA/WIPO - organized a workshop aimed at introducing the concept of IP Strategy, articulating the importance of IP strategy, helping in identifying the IP assets with the aim of enabling the country to draft a National IP Strategy/Plan.

SOME ON GOING INITIATIVES (cont..)  Review of Industrial Property laws: The aim is to have a single legislation with various chapters of current laws under one roof and will also be TRIPS compliant. The new Industrial property law will introduce the protection of Geographical Indication.  Branding strategy: This strategy will enable owners of IP assets to benefit by getting the real value of their products

CONCLUSION IP strengthening in Tanzania requires:  collective cooperation of all institutions dealing with Intellectual Property.  Those institutions are Intellectual Property Offices, Customs, Fair Competition Commission, Plant Breeder’s Rights Office, R&D Institutions including the Universities, Judiciary, Police and their respective Ministries as policy makers. End results: o motivation in innovativeness and creativity, owill also protect the well being of consumers. otechnical and economical advancement of country

CONCLUSION Cont….. IP strengthening in Tanzania requires: collective cooperation of all institutions dealing with Intellectual Property. Those institutions are Intellectual Property Offices, Customs, Fair Competition Commission, Plant Breeder’s Rights Office, R&D Institutions including the Universities, Judiciary, Police and their respective Ministries as policy makers. End results: omotivation in innovativeness and creativity, owill also protect the well being of consumers. otechnical and economical advancement of country

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