Utility Models Licenses & Assignments
Tanzania Attorneys for Utility Model Licenses & Assignments
We provide experienced legal representation for contractual utility model licensing and assignment transactions in Tanzania and Zanzibar. In addition, Tanzania’s and Zanzibar’s utility model laws provide for compulsory licensing of utility models under appropriate circumstances, and we have extensive experience advising all parties involved in compulsory licensing matters as well.
Utility Models Licensing in Tanzania and Zanzibar
Utility Model Licensing in Tanzania
The law in Tanzania provides for contractual and compulsory licensing of utility models. Contractual licenses can be either exclusive or non-exclusive; and, unless otherwise specified, licensees have all rights of the utility model owner. The one exception is that sublicensing is presumptively prohibited unless expressly authorized in the license agreement.
All contractual utility model licenses are subject to registration with the Patents Office. With respect to non-exclusive licenses, the utility model owner may also request an entry in the register reflecting that additional non-exclusive licenses are available as a matter of right. If no current licensees object, or if the Patents Office considers all objections to be unfounded, such an entry allows any third party to obtain a non-exclusive license either on terms agreed between the parties or as fixed by the court.
Beginning four years from the date of application or three years from the date of registration (whichever expires last), a party can request a compulsory license for a utility model on any of the following grounds:
- A registered utility model, capable of being worked in Tanzania, has not been so worked;
- The existing degree of work in Tanzania does not reasonably meet the demand for the registered utility model, either domestically or for export;
- The working of a registered utility model in Tanzania is currently restricted or prevented by importation; or,
- The owner’s refusal to grant a contractual license on reasonable terms has unfairly and substantially prejudiced domestic commercial activities or possibilities of exportation.
Utility Model Licensing in Zanzibar
The law in Zanzibar provides for compulsory and governmental use licensing. A request for a compulsory license may be based on non-use, and all licenses must be in writing.
Assignment of Utility Models in Tanzania and Zanzibar
The requirements for assignment of rights in a utility model that is either registered or under examination are the same in Tanzania and Zanzibar, and generally mirror the requirements for assignment of a patent. In order to be valid against third parties, an assignment of a utility model must be recorded with the appropriate authority. The filing must include:
- A copy of the assigning instrument;
- The number and date of the registration or application;
- The title of the creation; and,
- The names, nationalities, addresses and signatures of the assignor and assignee.
Contact Lexglobe LLP | Intellectual Property Lawyers in Dar es Salaam, Tanzania
For more information about licensing and assignment of utility models in Tanzania and Zanzibar, please contact our offices in Dar es Salaam. Lexglobe LLP is a Tanzanian intellectual property law firm that represents clients worldwide. To speak with an attorney about your transaction, call our offices at 255 22 212 4127 or contact us online today.