1. 11/18/2016johansein@mit.go.tz, TEL. +255- 754-545718 1 MINISTRY OF INDUSTRY,TRADE AND MARKETING “COUNTRY REPORT” By JOHANSEIN RUTAIHWA, MITM-TANZANIA

2. 11/18/2016johansein@mit.go.tz, TEL. +255- 754-545718 2 The Content of Discussion Introduction (Overview of IP in Tanzania) Introduction (Overview of IP in Tanzania) What is Industrial Property What is Industrial Property Enforcement of Industrial Property Enforcement of Industrial Property Adherence to International Convention Adherence to International Convention Competition Law Competition Law Conclusion Conclusion

3. 11/18/2016johansein@mit.go.tz, TEL. +255- 754-545718 3 Introduction IP is not a new subject, came as a result of struggle of creators and inventors IP is not a new subject, came as a result of struggle of creators and inventors IP is non rival and non-excludable IP is non rival and non-excludable IP aspects was introduced by colonial administration in 1922 through Chapter 217 of the Patent Legislation and the introduction of Trade Marks and 1924 through “Chapter 218 of the Copyright Legislation IP aspects was introduced by colonial administration in 1922 through Chapter 217 of the Patent Legislation and the introduction of Trade Marks and 1924 through “Chapter 218 of the Copyright Legislation Post Independence no much changes i.e. Cap. 218 repealed by Copyright Act No. 61 of 1966, new Copyright Legislation was enacted in 1999 Post Independence no much changes i.e. Cap. 218 repealed by Copyright Act No. 61 of 1966, new Copyright Legislation was enacted in 1999

4. 11/18/2016johansein@mit.go.tz, TEL. +255- 754-545718 4 Industrial Property IP is a set of two subsets, Industrial property and Copyright. IP is a set of two subsets, Industrial property and Copyright. Industrial Property is principally related to commerce and industry. Industrial Property is principally related to commerce and industry. Industrial Property is further divided into Patents, Trademarks, Industrial Designs, Geographical Indications, Un disclosed Industrial Property is further divided into Patents, Trademarks, Industrial Designs, Geographical Indications, Un disclosed

5. 11/18/2016johansein@mit.go.tz, TEL. +255- 754-545718 5 PATENT, TM, Design Act No.1, 1987, as amended by Acts Nos. 13 and 18 of 1991 Act No.1, 1987, as amended by Acts Nos. 13 and 18 of 1991 Patents Act Cap 217 (R.E 2000) includes utility models. Patents Act Cap 217 (R.E 2000) includes utility models. The registered patents last for 20 years, subject to the payment of annual fees, while The registered patents last for 20 years, subject to the payment of annual fees, while utility models last for seven (7) years. utility models last for seven (7) years. Invention is regarded as new if it is not anticipated by prior art Invention is regarded as new if it is not anticipated by prior art

6. 11/18/2016johansein@mit.go.tz, TEL. +255- 754-545718 6 TM &Design cont…. Trade mark is governed by the Trade and Service Marks Act No. 12 of 1986, Trade and Service Marks Act Cap No 326(RE 2000) Trade mark is governed by the Trade and Service Marks Act No. 12 of 1986, Trade and Service Marks Act Cap No 326(RE 2000) Trade mark is registered for a period of seven years (7) and it can be renewed for period of ten years (10) in time without end while Trade mark is registered for a period of seven years (7) and it can be renewed for period of ten years (10) in time without end while Unregistered trademarks are also “offered protection under common law provided that it can be shown that the proprietor has established goodwill associated with its mark” Unregistered trademarks are also “offered protection under common law provided that it can be shown that the proprietor has established goodwill associated with its mark”

7. 11/18/2016johansein@mit.go.tz, TEL. +255- 754-545718 7 TM &Design cont…. Industrial design, Ordinance of 1936, cap. 219, and it is still governed by the old Designs Act of UK. Thus, Tanzania patents Act, have provisions which recognize designs registered in the United Kingdom Industrial design, Ordinance of 1936, cap. 219, and it is still governed by the old Designs Act of UK. Thus, Tanzania patents Act, have provisions which recognize designs registered in the United Kingdom However the legislative Industrial Property Regime is under review. However the legislative Industrial Property Regime is under review. The Patents Act, 1987 provides that the rights and privileges of proprietors of designs registered in the United Kingdom are extended to Tanzania during the term of design registration The Patents Act, 1987 provides that the rights and privileges of proprietors of designs registered in the United Kingdom are extended to Tanzania during the term of design registration

8. ENFORCEMENT&ADHERENCE Commercial courts of law. Commercial courts of law. Tanzania most of Industrial Property related legislation provide for Civil rights and no criminal sanctions. Tanzania most of Industrial Property related legislation provide for Civil rights and no criminal sanctions. Plaintiffs would only be entitled to Injunction, damages, compensations etc. Plaintiffs would only be entitled to Injunction, damages, compensations etc. Most of the Acts are not in conformity with International conventions that country has ratified Most of the Acts are not in conformity with International conventions that country has ratified 11/18/2016johansein@mit.go.tz, TEL. +255- 754-545718 8

9. 11/18/2016johansein@mit.go.tz, TEL. +255- 754-545718 9 Competition Law The Fair Competition Act, 2003 (FCC) The Fair Competition Act, 2003 (FCC)

10. 11/18/2016 johansein@mit.go.tz, TEL. +255- 754-545718 10 Conclusion Tanzania is in a process of drafting new Industrial Act, 2010. Tanzania is in a process of drafting new Industrial Act, 2010.