PATENTS
Patent Law of Tanzania (TANGANYIKA)
* Patents (Registration) Act of 1994, Chapter 217, incorporating Patents Act no 1 of 1987 (as amended by Acts no 13 of 1991 and no 18 of 1991)
* Patent Regulations, 1994
- Tanzania, and thus Tanganyika, is a member of the Paris Convention, the PCT, ARIPO (Harare Protocol), and the WTO/TRIPS.
Patent law of Tanzania (ZANZIBAR)
* Zanzibar Industrial Property Act no 4 of 2008, Parts II (Chapters I and II) and IV.
- As part of the United Republic of Tanzania, Zanzibar is a member of the Paris Convention, ARIPO (Harare Protocol), the PCT, and the WTO/TRIPS.
Note: As Tanzania comprises two countries, ie Tanganyika and Zanzibar. Patent protection must separately be obtained in each territory.
Tanzania is a member of the following international/regional agreements:
* Banjul Protocol (of ARIPO) (since 1999)
* Berne Convention (since 1994)
* Harare Protocol (of ARIPO) (since 1999)
* Lusaka Agreement (ARIPO) (since 1983)
* Nice Agreement on Classification of Marks (since 1999)
* Paris Convention (since 1963)
* Patent Cooperation Treaty (since 1999)
* WIPO Convention (since 1983)
* WTO/TRIPS (since 1983)
Note: Although Tanzania is a United Republic, uniting Tanganyika and Zanzibar (which is part of an archipelago including Pemba), Zanzibar retained its legislative independence in certain areas, inter alia in intellectual property. So, although the United Republic of Tanzania is a union of the two countries, the IP regime in Tanzania entails two separate and independent legal systems: for purposes of IP regulation, Tanganyika and Zanzibar are two separate jurisdictions. Zanzibar has thus enacted its own IP laws which apply in Zanzibar.
Document required
A Power of Attorney simply signed is necessary for both territories.
Tanzania Patent Registration Procedure (TANGANYIKA)
Filing
The Non-convention, convention and PCT national phase applications are filed with the office of the Registrar of Patents.
Examination
Applications are subjected to formal examination which takes place
automatically. The Act provides that applications relating to specified technical fields will be subjected to substantive examination.
Opposition
The Act does not provide for opposition by third parties to the grant of a patent.
Publication
After examination, if the Registrar is satisfied that the necessary requirements have been met, he shall grant and publish the patent.
Timeframe
From filing to registration is 3 years, approximately.
Duration
The duration of a patent is 10 years, extendible for further two terms of five years each, provided the owner or licensee can show that the patent was being worked in the United Republic, or that there were legitimate reasons for non-working.
Annuities
Maintenance fees are payable annually from the filing date for both pending applications and granted patents. A six months grace period is provided, subject to surcharges. Failure to pay the annual maintenance fees before the deadline or within the six month grace period leads to lapsing of the application/patent.
Priority
Tanganyika is a member of the Paris Convention. An application may contain a declaration claiming priority of one or more earlier national, regional or international applications filed by the applicant or his predecessor in title in any state party to a Convention to which Tanganyika is a party. A certified copy of the priority application has to be filed within three months of the filing date or the claim to priority will be lost.
Tanzania Patent Registration Procedure (ZANZIBAR)
Filing
The Non-convention, convention and PCT national phase applications are filed with the office of the Registrar of Patents.
Examination
Applications are subjected to formal examination, which takes place automatically.
Publication
After examination, if the Registrar is satisfied that the necessary requirements have been met, he shall publish the patent. The Registrar will also publish granted patents.
Opposition
Any interested person may after the application is published, but before grant, lodge a notice of opposition with the Registrar’s office. The notice of opposition must set out the grounds on which the opponent relies for opposing the grant of the patent, as well as all relevant evidence. The patent applicant has a prescribed period after the notice of opposition to file a counter-statement. The Registrar will grant a hearing and decide the matter.
Timeframe
From filing to registration is 2 years, approximately.
Duration
The term of a patent is 20 years from the filing date.
Annuities
The patent are subject to payment of the annual maintenance fees. A grace period of six months is provided, subject to payment of surcharges.
Priority
As part of Tanzania, Zanzibar is a member of the Paris Convention. An application may contain a declaration claiming priority of one or more earlier national, regional or international applications filed by an applicant or his predecessor in title in any state party to the Paris Convention or to a convention to which Zanzibar is a party.
TRADEMARKS
Trademark Law in Tanzania
The United Republic of Tanzania comprises Tanganyika on the African mainland and the islands of Zanzibar (including Pemba). Despite political unification in 1964, Zanzibar retained its legislative independence in certain areas, inter alia in intellectual property.
Thus, although the United Republic of Tanzania is a union of the two jurisdictions, the IP regime in Tanzania entails two separate and independent legal systems.
Accordingly, should protection be required in the whole of the territory, trademarks have to be protected both in mainland Tanzania and in Zanzibar.
TANGANYIKA
Legal basis is the Trade and Service Marks Act No. 12 of 1986, in force since October 24th, 1986 and the Trade and Service Mark Regulations, 2000. Tanzania is member of ARIPO (since 1999), the Paris Convention (since 1963), the WIPO Convention (since 1983) and of WTO/TRIPS (since 1995).
Tanzania is not a member of the Madrid Agreement or the Madrid Protocol.
Tanzania has also acceded to the Banjul Protocol of ARIPO. The Banjul Protocol has, however, not yet been implemented in the national trade mark laws of Tanzania, so that it is not clear whether valid trademark protection can be obtained in Tanzania via an ARIPO registration designating Tanzania.
Trademark protection is obtained by registration.
ZANZIBAR
Legal basis is the Zanzibar Industrial Property Act No. 4 of 2008, Parts III and IV and the Industrial Property Regulations of 2014. Zanzibar (as part of the United Republic of Tanzania) is a member of ARIPO (since 1999), the Paris Convention (since 1963), the WIPO Convention (since 1983) and of WTO/TRIPS (since 1995).
Zanzibar is not a member of the Madrid Agreement or the Madrid Protocol.
The comments regarding the Banjul Protocol under ‘Tanganyika’ also apply, mutatis mutandis, to Zanzibar.
Trademark protection is obtained by registration.
Languages: Swahili, English (official languages)
Classification
Nice Classification, 10th edition. A separate application has to be filed for each class. One application covers a single class and can be made in English or Kiswahili.
Document required
A Power of Attorney simply signed is necessary for both territories.
Tanzania Trademark Registration Procedure (TANGANYIKA)
* The application is filed at the Trade and Service Marks Office, administered by the Registrar of Trade and Service Marks.
* A Trade Marks Office Examiner will review the application to make sure that the mark meets the requirements prescribed by the Trade and Service Marks Act.
* The application process includes a formal examination, an examination as to distinctiveness and a search for prior trademarks. *
* Signs not deemed distinctive in the examination can be registered if distinctiveness has been acquired by use.
* Trademark applications accepted by the Registrar are published once in the Patent, Trade and Service Marks Journal. Thereafter the registration certificate will be issued.
National Opposition Period
The opposition period is 60 days from the publication date of the application.
Timeframe
The approximate time frame for completing the registration process of a trademark is about 12-18 months.
Tanzania Trademark Registration Procedure (ZANZIBAR)
* The application is filed at the Office of the Registrar of Trade Marks.
* Convention priority may be claimed bases on an earlier application.
* The application process includes a formal examination, an examination of distinctiveness and a search for prior trademarks.
* Signs not deemed distinctive in the examination can be registered if distinctiveness has been acquired by use.
* Trademark applications accepted by the Registrar are published once in the Official Journal. Thereafter the registration certificate will be issued.
National Opposition Period
The opposition period is 60 days from the publication date of the application.
Timeframe
The approximate time frame for completing the registration process of a trademark is about 6 months.
Duration (TANGANYIKA)
A trademark registration is valid for 7 years from date of registration and is renewable for periods of 10 years. In the event that priority is claimed, registration, and hence renewal, is calculated from the priority date.
Duration (ZANZIBAR)
A trademark registration is valid for 10 years from the date of registration and is renewable for periods of 7 years.