Tanzania

As indicated earlier, the United Republic of Tanzania comprises two countries or regions, i.e. Tanganyika and Zanzibar. These two regions have separate IP laws. Patent protection must thus be obtained separately in each territory.  This section deals with Tanganyika only; see the separate section below for ZANZIBAR.

Patent protection is obtainable in Tanganyika via a national filing or via an ARIPO application designating Tanzania. Tanganyika has recognised the Harare Protocol (which regulates patent and design filings in ARIPO) in its national law. It is likely, therefore, that valid patent protection will be afforded to applicants seeking to obtain a patent via an ARIPO application.

The Act also specifically recognises and provides for PCT applications, so that valid protection can be obtained via a PCT national phase application in Tanganyika.

Inventions are patentable if they are new, involve an inventive step and are industrially applicable.

The following, even if they are inventions, are not patentable

• Discoveries, scientific theories and mathematical methods
• Plant or animal varieties or essentially biological processes for the production of plants or animals, other than microbiological processes and the products thereof
• Schemes, rules or methods for doing business, performing a mental act or playing a game
• Programs for computers
• Methods for the treatment of the human or animal body by surgery or therapy, as well as diagnostic methods (this exclusion does not apply to products for use in any of those methods)
• Mere presentation of information.

Absolute novelty is required. An invention is new if it is not anticipated by prior art. Prior art includes everything made available to the public anywhere in the world by written disclosure (including drawings and illustrations) or by oral disclosure, use, exhibition or other non-written means, which occurred prior to the filing or the priority date.

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.

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.

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.

The law provides for copyright in respect of original literary and artistic works, including:

• Books, pamphlets and other writings, including computer programs
• Lectures, addresses, sermons
• Dramatic and dramatico-musical works
• Musical works (vocal and instrumental)
• Choreographic works, pantomimes, cinematograph and other audiovisual works
• Works of architecture, painting, drawing, sculpture, engraving, lithography and tapestry
• Photographic works
• Works of applied art, whether handicraft or for industrial production
• Illustrations, maps, plans, sketches and three-dimensional works relative to geography, topography, architecture or science.

Derivative works shall also be protected, including:

• Translations, adaptations, arrangements of literary and artistic works
• Collections of literary and artistic works, such as encyclopaedia, anthologies, collections of expression of folklore, compilations of data
• Works inspired by expressions of folklore.

No requirement for registration. Copyright subsists by the sole fact of the creation of the works. That being said, should a copyright owner wish to do so, it is possible to apply for registration of the copyright-protected work through COSOTA (the new Copyright office in Tanzania).

In the case of literary, musical and artistic works the copyright (both economic and moral rights) will endure for the lifetime of the author plus 50 years.

In the case of audiovisuals, the duration is 50 years from the date on which the work was made or was made available to the public; in the case of applied art, the duration is 25 years.

The following acts are amongst a long list of acts excluded from the rights of the owner (except as regards computer programs and architectural works):

• The production, translation, etc by way of fair dealing for purposes of private use
• Use for purposes of quotation, with acknowledgment of the work
• Certain usages for teaching purposes in schools or universities or educational institutions
• Use for purposes of current information, reporting on current events
• Reproduction in the press of articles published in newspapers or periodicals in certain circumstances
• Reproduction of certain works by public libraries, non-commercial documentation centres.