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Custom Recordal of IPRs in Tanzania Mainland

Tanzania Mainland

Custom Recordal of IPRs
Yes
No
Yes
The Merchandise Marks Act of 1963 (operationalisedonly since in 2005) specifically prohibits the importation of counterfeits. The Fair Competition Commission (FCC), housed under the Ministry of Industry and Trade, is charged with protecting the intellectual property rights in Tanzania.
Custom Recordal of IPRs is effective only on the import of goods.
It is the role of the customs department to act in furtherance of the request made by the complainant and intercept any pirated or counterfeit imports. It is also the role of the customs to conduct consultation with both the parties to derive a mutually acceptable solution. Failure to do so shall result in transferring the keys to the public prosecutor.
During this time, it is the role of the customs to withhold and detain the goods until a final determination of their true nature is made.
Since the fair competition commission, i.e., the FCC is responsible for protecting the intellectual property rights, the complainant company that maybe the owner of the brand or its legal representative may send a letter requesting the FCC to take action in furtherance of such a request to intercept pirated goods in contravention with the intellectual property laws.
Yes
The customs authority has a centralized system, which does not require an application to be made at each port of entry in the country.
No, the system for recording intellectual property rights is offline.
The fee is inclusive of investigational charges as well, which are estimated at Tanzanian shillings TZS 3 million, which is about $1500.
The customs authority suspends the clearance of imported goods after finding that the goods being alleged of infringement may be in contravention with the economical and moral rights of the intellectual property rights holder. Thereby, the goods may be suspended until either the offender makes a confession and pays the fine or a final determination by the court is made.
The infringer/offender bears the liabilities and expenses related to suspension of the release of infringing goods.
Yes
Yes
Yes
If the goods detained or seized are found to be infringing the intellectual property rights of the rights holder, the FCC conducts a consultation procedure wherein the suspected offender can choose to sign a confession and pay a fine, which ranges from TZS 200,000 to TZS 8 million, depending on the value of the confiscated goods which are also to be destroyed. Where such a consultation does not bear fruitful results, the case is forwarded to the Director of public prosecution for eventual submission to the court of law.
Yes, if the importer who has committed an offence of counterfeiting the alleged goods disagrees to make a written confession and pays a fine as has also been mentioned above, in such an instance the case is forwarded to the public prosecutor for an eventual submission to the court of law. Failure of either of the parties to join such proceedings may lead to contempt of the court’s orders.
No
For establishing whether or not the goods are counterfeit before the court of Justice, the court may require the applicant to substantiate the claim through admission of other documents.
If the offender is found guilty and convicted, he may end up being sentenced to jail for period ranging from 04 to 15 years or imposed a fine of between TZS 10-50 million ($5,000 - $25,000), or both the jail term and a fine.
No