TANZANIA IP GUIDEEast Africa | ARIPO Member

Intellectual Property Tanzania
The United Republic of Tanzania comprises Tanganyika, on the African mainland, and the islands of Zanzibar and Pemba. Tanganyika lies on the east coast of Africa and is bordered by Kenya and Uganda to the north; Rwanda, Burundi and Democratic Republic of the Congo to the west; and Zambia, Malawi and Mozambique to the south. The islands of Zanzibar and Pemba lie off the east coast of Tanganyika.

Area: 947 300 km2

Population: 55,572,201 million

Capital: Dodoma (largest city Dar es Salaam)

Currency: Tanzanian shilling

GDP: $163.522 billion (2017)

Trade Marks

Tanzania, and thus Tanganyika, is a member of the Paris Convention, the ARIPO (Banjul Protocol), the Nice Agreement, and the WTO/TRIPS.

Trade mark applications may be filed as national applications, in appropriate circumstances claiming convention priority in terms of the Paris Convention. Although Tanganyika is a member state of ARIPO, it has not enacted enabling legislation for the local recognition and protection of ARIPO trade mark registrations.

Provision is made for the registration of trade marks for goods and services.

Patents

Tanzania, and thus Tanganyika, is a member of the Paris Convention, the PCT, ARIPO (Harare Protocol), and the WTO/TRIPS.

As indicated earlier, the United Republic of Tanzania comprises two countries or regions, ie Tanganyika and Zanzibar. These two regions have separate IP laws. Patent protection must thus be obtained separately in each territory.

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.

Designs

Currently it is not possible to obtain design protection via a national filing directly in Tanganyika, as the regulations implementing the Act providing for the independent registration of designs are still pending. As Tanganyika is a member of ARIPO, design protection can be obtained via an ARIPO application, designating Tanzania. However, in the absence of any effective national laws, it is not certain that any enforceable rights can be obtained in Tanganyika by way of an ARIPO registration.

Copyright

Tanzania, and thus Tanganyika, is a member of the Berne Convention and the WTO/TRIPS.

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.

Excluded from protection are:

  • laws and decisions by courts or administrative bodies
  • news of the day published, broadcast or publicly communicated
  • ideas, procedures, methods of operation, concepts, principles, discoveries or mere data.

Plant Breeders' Rights

Tanzania is not a member of the UPOV Convention for the Protection of New Varieties of Plants.

Plant breeders’ rights can only be obtained for those varieties of new plants that have been listed under Rule 6 and the second schedule of the Plant Breeders’ Rights Regulations of 2008.