Tanzania - Protecting Intellectual Property Tanzania - Protecting Intellectual Property
The Fair Competition Commission (FCC), housed under the Ministry of Industry and Trade, is charged with protecting property rights in Tanzania. The agency is responsive to requests for assistance from private companies, but lacks resources for comprehensive identification of counterfeits or nation-wide investigations.
The process for taking action against counterfeiters is as follows: the complaining company, who must be the owner of the brand or legal representative, sends a letter requesting FCC action and pays an investigation fee of Tanzania shillings TZS 3 million (about $1,500 ); following a consultation with the complaining company, FCC raids the suspected offender and confiscates fakes; the offender can choose to sign a written confession and pay a fine which ranges from TZS 200,000 ($100) to TZS 8 million ($4,000), depending on the value of the confiscated goods which are also destroyed and the offender has to pay the costs. Alternatively, the case can be forwarded to the Director of Public Prosecution for eventual submission to court of Law. If the offender is found guilty and convicted he may end up being sentenced to jail for period ranging from 4-15 years or a fine of between TZS 10-50 million ($5,000 - $25,000) or both a jail term and a fine. Likewise the goods are seized and destroyed at the cost of the offender.
The vast majority of offenders confess and pay the lower fine rather than engaging in the court process, which can drag on for years.
Several general principles are important for effective management of intellectual property (“IP”) rights in Tanzania. First, it is important to have an overall strategy to protect your IP. Second, IP may be protected differently in Tanzania than in the United States. Third, rights must be registered and enforced in Tanzania, under local laws. For example, your U.S. trademark and patent registrations will not protect you in Tanzania. There is no such thing as an “international copyright” that will automatically protect an author’s writings throughout the entire world. Protection against unauthorized use in a particular country depends, basically, on the national laws of that country. However, most countries do offer copyright protection to foreign works under certain conditions, and these conditions have been greatly simplified by international copyright treaties and conventions.
Granting patent registration is generally based on a first-to-file [or first-to-invent, depending on the country], first-in-right basis. Similarly, registering trademarks is based on a first-to-file [or first-to-use, depending on the country], first-in-right basis, so you should consider how to obtain patent and trademark protection before introducing your products or services to the Tanzania market. It is vital that companies understand that intellectual property is primarily a private right and that the U.S. government cannot enforce rights for private individuals in Tanzania. It is the responsibility of the rights' holders to register, protect, and enforce their rights where relevant, retaining their own counsel and advisors. Companies may wish to seek advice from local attorneys or IP consultants who are experts in Tanzania law. A list of local lawyers is available at: http://tanzania.usembassy.gov/list_of_lawyers2.html
While the U.S. Government stands ready to assist, there is little we can do if the rights holders have not taken these fundamental steps necessary to securing and enforcing their IP in a timely fashion. Moreover, in many countries, rights holders who delay enforcing their rights on a mistaken belief that the USG can provide a political resolution to a legal problem may find that their rights have been eroded or abrogated due to legal doctrines such as statutes of limitations, laches, estoppel, or unreasonable delay in prosecuting a law suit. In no instance should U.S. Government advice be seen as a substitute for the responsibility of a rights holder to promptly pursue its case.
It is always advisable to conduct due diligence on potential partners. A good partner is an important ally in protecting IP rights. Consider carefully, however, whether to permit your partner to register your IP rights on your behalf. Doing so may create a risk that your partner will list itself as the IP owner and fail to transfer the rights should the partnership end. Keep an eye on your cost structure and reduce the margins (and the incentive) of would-be bad actors. Projects and sales in Tanzania require constant attention. Work with legal counsel familiar with Tanzania laws to create a solid contract that includes non-compete clauses, and confidentiality/non-disclosure provisions.
It is also recommended that small and medium-size companies understand the importance of working together with trade associations and organizations to support efforts to protect IP and stop counterfeiting. There are a number of these organizations, both Tanzania or U.S.-based. These include:
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The U.S. Chamber and local American Chambers of Commerce
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National Association of Manufacturers (NAM)
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International Intellectual Property Alliance (IIPA)
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International Trademark Association (INTA)
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The Coalition Against Counterfeiting and Piracy
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International Anti-Counterfeiting Coalition (IACC)
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Pharmaceutical Research and Manufacturers of America (PhRMA)
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Biotechnology Industry Organization (BIO)
IP Resources
A wealth of information on protecting IP is freely available to U.S. rights holders. Some excellent resources for companies regarding intellectual property include the following:
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For information about patent, trademark, or copyright issues -- including enforcement issues in the US and other countries -- call the STOP! Hotline: 1-866-999-HALT or visit www.STOPfakes.gov.
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For more information about registering trademarks and patents (both in the U.S. as well as in foreign countries), contact the U.S. Patent and Trademark Office (USPTO) at: 1-800-786-9199http://www.uspto.gov
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For more information about registering for copyright protection in the United States, contact the U.S. Copyright Office at: 1-202-707-5959.
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For more information about how to evaluate, protect, and enforce intellectual property rights and how these rights may be important for businesses, please visit the “Resources” section of the STOPfakes website at http://www.stopfakes.gov/resources.
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For information on obtaining and enforcing intellectual property rights and market-specific IP Toolkits visit:www.stopfakes.gov/businesss-tools/country-ipr-toolkits. The toolkits contain detailed information on protecting and enforcing IP in specific markets and also contain contact information for local IPR offices abroad and U.S. government officials available to assist SMEs.
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The U.S. Department of Commerce has positioned IP attachés in key markets around the world.You can get contact information for the IP attaché who covers Tanzania at: U.S. Embassy Pretoria, South Africa, DHS/ICE Attaché, tel: +27 12 431 4731; website: http://southafrica.usembassy.gov/