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Enforcement of IPRs in Tanzania Mainland

Tanzania Mainland

Enforcement of IPRs
In Tanzania, counterfeits originate from both within the country and from imports, which are mainly from China, while distribution often takes place in Dubai, UAE. The majority of the imported counterfeit goods (80 per cent) enter Tanzania through the Port of Dar es Salaam and to a lesser extent through Tanga and Mbeya, while entry via Zanzibar is also widespread. A few researches have also pointed out that the dishonesty of employees at entry points and corruption are major factors attributed to uncontrolled influx of these goods.
These products include, but are not limited to, alcoholic and non-alcoholic drinks, fertilizers, seeds, and pharmaceuticals.
They are as follows:
  • The Copyright and Neighbouring Rights Act of 1999, The Act No. 7 of 1999
  • The Trade and Service Marks Act, Act No. 12 of 1986
  • The Patent (Registration) Act, [Cap 217 R.E. 2002]
  • The Patents Regulations GN. 190 of 1994
  • The Fair Trade Practices Act of 1994
Trademarks, Copyright, Patents, and Designs are the different types of IPRs protected by IPR enforcement in Tanzania.
A) Government Authorities - Yes
B) Police Officials - Yes
C) Judiciary - Yes
D) Customs - Yes
A) Injunctions - Yes
B) Monetary Compensation - Yes
C) Raids - Yes
D) Seizures - Yes
E) Destruction - Yes
The disadvantage of civil litigation in Tanzania is that it is usually long drawn.
A) Responsible Authority - High Court
B) Imprisonment Term - Trademarks: 03 years to 07 years; Patents: 05 years, but in the case of recidivism, the same may be doubled; and copyright: between 05 years to 10 years
C) Monetary Fine - Trademarks: 10,000 to 50,000 shillings; Patents: 500,000 shillings, but in the case of recidivism, the same may be doubled; and copyright: 10 million shillings
Criminal Proceedings are usually long drawn in Tanzania.
In Tanzania, ADR was introduced in 1994 through Government Notice No. 422, which amended the First Schedule to the Civil Procedure Code Act (1966), and it is now an inherent component of the country's legal system. It is not readily used for resolution of intellectual property rights’ disputes. It may still be preferred by the parties to a dispute if they mutually agree to resort to the same.
If the offender is found guilty and convicted, he may end up being sentenced to jail for period ranging from 04-15 years or imposed a fine of between TZS 10-50 million ($5,000 - $25,000), or both the jail term and a fine.
The applicant shall bear the cost of custom intervention unless otherwise decided by the court.
If the IP rights holder abuses the enforcement measures in Custom Recordal of IPRs, the Customs shall not be liable to pursue to impose such measures as may be considered necessary to interdict counterfeit imports and exports.
The most common route to enforce the trademark rights in Tanzania is through the court process.