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FAQs about IP Registration in Tanzania and Zanzibar

Lexglobe IP Services represents companies and individuals with respect to protecting and enforcing their intellectual property rights in Tanzania, Zanzibar and countries throughout Africa. This includes applying for registration. Here, we provide answers to some frequently-asked questions about seeking registration of trademarks, patents, plant breeders’ rights, designs and copyrights in Tanzania and Zanzibar.

Answers to Frequently-Asked Questions:

1.  What are the requirements for patent eligibility in Tanzania and Zanzibar?

In general terms, an invention will be eligible for patent protection if it is new, involves an “inventive step” and has an industrial application. In Tanzania, inventors cans seek protection under the national patent system, through the African Regional Intellectual Property Organization (ARIPO) patent system, and under the Patent Cooperation Treaty (PCT). In Zanzibar, United Kingdom patens and European patents designating the United Kingdom are eligible for protection, subject to local requirements.

2. What documentation is required for a patent registration application under Tanzania’s national patent system?

Applying for patent registration in Tanzania requires compliance with a number of formalities. This includes filing the application form in triplicate (completed in English), along with the following documents:

• Power of attorney
• Description of the claimed invention
• Claims
• Abstract
• Drawing(s)
• Statement justifying disregard of certain disclosures
• Priority documents

Depending on the type of invention, there may be other filing requirements as well.

3. Must trademarks be registered separately in Tanzania and Zanzibar?

Yes. In Tanzania, trademark rights are governed by the Trade and Service Marks Act, 1986 and Trade and Service Marks Regulations, 2000 and the main legislation in Zanzibar is the Zanzibar Industrial Property Act, 2008 and the Industrial Property Regulations, 2014. In Tanzania, the first registration period is seven (7) years. The term of registration can be indefinitely renewed for further ten (10) years after expiry of original registration or of the last renewal of registration. In Zanzibar, the first registration period is ten (10) years. The term of registration can be renewed indefinitely for further seven (7) years after expiry of original registration or of the last renewal of registration. The duration of registration for a trade or service mark registered under ARIPO system is ten (10) years and renewal for ten year periods indefinitely.

4. Is it possible to file trademark registration applications online?

No, Tanzania and Zanzibar do not currently have online filing systems available.

5. Are trademark registration applications in Tanzania and Zanzibar subject to examination?

Yes. In Tanzania, trademark registration applications are subject to examination for both (i) satisfaction of the requisite formalities and legal requirements, and (ii) distinctiveness from previously-registered marks. The same is true in Zanzibar.

6. Is the registration system for plant breeders’ rights separate from the general patent registration system?

Yes. The Plant Breeders’ Rights Act, 2012 establishes a Plant Breeders’ Rights Registry in Tanzania that is separate from the normal Patents Registry. The application process for registering plant breeders’ rights differs as well. In Zanzibar, the Plant Breeders’ Registry Act, 2014 also establishes registration system in Zanzibar.

7. What are the registration requirements in Tanzania for copyrights and designs?

Neither Tanzania nor Zanzibar has a local design registration system; however, both jurisdictions recognize design registrations issued by the UK Patent Office and ARIPO. By contrast, local copyright registration is available subject to the requirements of Tanzania’s Copyright and Neighboring Rights Act, 1999.

Speak with a Tanzanian Intellectual Property Lawyer at Lexglobe IP Services

If you have more questions about intellectual property registration in Tanzania or Zanzibar, please contact Lexglobe IP Services to schedule a consultation. Call 255 22 212 4127 or contact us online today to speak with one of our experienced attorneys.