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.

TRADEMARKS

The International Classification of goods and services is applicable. Service marks are registrable. Tanganyika operates a “Single-class” registration system (A separate application is required or each class).There are provisions for the registration of SERIES MARKS

Types of Trademarks registrable

“Single-class” system applicable – A separate application is required for each class of goods. There are provisions for the registration of CERTIFICATION MARKS and SERIES MARKS.
There are no provisions for the registration of DEFENSIVE MARKS.

Well-known marks also enjoy protection in this jurisdiction

Documents required for trademark registration

• Power of Attorney (not legalized).
• Prints of the mark
• Priority document (if applicable), with verified English translation
• Details of the applicant
• International and regional arrangements
• Tanganyika is a member of the Paris convention.

Renewals

The duration of registration is 7 years from the date of application and renewable every 10 years

Documents required for assignment

• Assignment Agreement (Simply Signed )
• Power Of Attorney of assignor (Simply Signed)
• Power Of Attorney of assignee ( Simply Signed )
• Additional necessary documents: TM/SM Form No. 13

Documents for recordation of change of name/address

• Proof of Change of Name(Certificate of Change of Name) (Simply Signed)
• Power of Attorney( Simply Signed)

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 recognizes and provides for PCT applications, so that valid protection can be obtained via a PCT national phase application in Tanganyika.

Filing Requirements

Patents of Invention (Non-PCT)

• Power of Attorney (simply signed) (can be late filed, no set deadline)
• Specification, claims and abstract in English (required on the day of filing)
• Formal drawings, if applicable (required on the day of filing)
• Assignment of Invention (can be late filed, no set deadline)
• Priority document with verified English translation (can be late filed within three months)

National Phase PCT Application

• Power of Attorney (simply signed) (can be late filed, no set deadline)
• Specification, claims and abstract in English (required on the day of filing)
• Formal drawings, if applicable (required on the day of filing)
• Assignment of Invention (can be late filed, no set deadline)
• Copy of Published International Application (required on the day of filing)
• Copy of International Search Report (can be late filed, no set deadline)
• Copy of International Preliminary Report on Patentability (can be late filed, no set deadline)

Note

For both PCT and non-PCT applications, if relevant, the description must contain a clear identification of the origin of genetic or biological resources as well as of any element of traditional knowledge collected in the territory of Tanganyika and that were directly or indirectly used in the making of the claimed invention without the prior informed consent of its individual or collective creators.

Grant

The term of a patent is twenty years from the filing date.

Renewal

For PCT and National patents renewal fees fall due annually commencing on the first anniversary of the filing date.
Re-registration of UK patents (if applicable) – no renewal fees are payable.

DESIGNS

There is no local system for registration of Designs in Tanzania.

However, Tanzania has ratified Agreement on the Creation of the African Regional Industrial Property Organization (ARIPO), 1979 (effective for Tanzania as from 12 October 1983); and the Protocol on Patent and Industrial Designs within the Framework of African Region Industrial Property Organization (the Harare Protocol), 1982) (effective for Tanzania as from 01 September 1999).

Design applications may therefore be filed through ARIPO.

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.