Designs Cancellation & Infringement

In Tanzania, there is no local procedure for invalidation of design registration. However designs registered in the United Kingdom that enjoy protection in Tanzania can be requested in the United Kingdom at the UK Patent Office. The invalidation of a ARIPO registered design registration may be requested with the ARIPO Office. The grounds for cancellation include that a design is not new, it has no individual character, or otherwise not registrable.

In Tanzania, the scope of the design protection infringement is actionable under the general law of tort or contract depending on the circumstances. The infringement is determined by features affecting the appearance of the whole or a part of the product which can be determined on the basis of the photograph, drawing or other graphical representation deposited in the Design Register and the partial disclaimer, if any. The scope of the design protection extends to all designs which do not produce a different overall impression on the informed user. Any unlawful exploitation of a protected design will be deemed infringement.

Where the subject matter of a design application or design protection has been taken unlawfully from the design of another person, the injured party or his successor in title may seek declaration from the High Court of Tanzania to the effect that he is entitled wholly or partly to the design protection and may claim damages under the general law of tort or contract if there is a contractual relationship between the registered owner and the infringer. Generally, design protection does not entitle the holder of the design right to prohibit a third person from non-commercial private, experimental or teaching purpose use. If the subject matter of a registered design application has been taken unlawfully from the design of another person, the injured party or his successor in title may seek a declaration from the High Court of Tanzania to the effect that he is entitled wholly or partly to the design protection and may claim damages under the tort and contract law.