Tanzania/ Tanganyika

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Tanzania
Tanzania/ Tanganyika

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)

Internet domain: .tz

Languages: Swahili, English (official languages)

Working week: Monday – Friday

Exports: Raw cotton; cashew nuts; gold; coffee

Imports: Industrial raw materials; construction materials; consumer goods; transport equipment; crude oil

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 (and apparently also in Pemba).

Therefore, although the IP laws enacted in Tanganyika are formulated as if to apply to the entire United Republic, so that protection obtained under those laws would appear to have effect also in Zanzibar and Pemba, this is in fact not the case.

  • 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


  • 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.