Utility Models Cancellation & Infringement
Tanzania IP Lawyers for Utility Model Cancellations and Infringement
At Lexglobe LLP, we have extensive experience representing all parties to utility model cancellation and infringement proceedings in Tanzania and Zanzibar.
Cancellation of Utility Models in Tanzania
Similar to patents, registered utility models are subject to cancellation on a number of different grounds, and may be cancelled either in whole or in part. The potential grounds for cancellation of a utility model registration in Tanzania include:
- Lack of required novelty;
- Lack of inventive step;
- Lack of industrial applicability;
- Insufficient disclosure in the specification and drawings; and
- Any other deficiencies that render the utility model unregistrable.
If a utility model registration is cancelled, the cancellation is effective retroactively to the date of the original application. In addition, Tanzanian law provides certain remedies for licensees in the event that a utility model registration is cancelled during the term of a license. At Lexglobe LLP, we are experienced in representing registered owners, licensees and other interested parties in matters involving requests for cancellation of utility model registrations.
Utility Model Infringement in Tanzania and Zanzibar
Our attorneys also regularly represent utility model owners and third-party users in infringement-related matters.
Acts Constituting Utility Model Infringement
Under the laws of Tanzania and Zanzibar, the following acts generally constitute utility model infringement when undertaken by an unauthorized user:
With respect to registered product utility models:
- Making, importing, offering for sale, selling and using the product; or,
- Stocking the product for purposes of offering for sale, sale or use.
With respect to registered process utility models:
- Using the process; or,
- Making, importing, offering for sale, selling and using any product developed by means of the process.
As with patents, the scope of protection for a utility model is determined by the claims in the application, as interpreted based upon the description and drawings included with the applicant’s filing.
Remedies for Utility Model Infringement and Threatened Infringement Proceedings
The utility model laws provide for three primary types of remedies in infringement proceedings: (i) injunctive relief to prevent imminent or continued infringement, (ii) damages, and (iii) any other remedies available in contract or tort. Infringement proceedings generally must be brought by the registered owner of the utility model in question; however, if an owner fails to take appropriate action following appropriate notice from an exclusive licensee, then the exclusive licensee may institute proceedings as well.
Importantly, the utility model laws in Tanzania and Zanzibar also provide remedies for third parties falsely accused of infringement (this is similar with respect to patents as well). These remedies include injunctive relief against additional threats and damages to compensate for any financial loss.
Contact Lexglobe LLP to Speak with a Utility Model Lawyer in Tanzania
If you would like to speak with an attorney about a utility model cancellation or infringement matter in Tanzania or Zanzibar, contact Lexglobe LLP today. With offices in Dar es Salaam, we represent intellectual property owners and other parties worldwide. For more information about protecting your legal rights, call 255 22 212 4127 or send us a message online today.