CUSTOMS PROTECTION OF INTELLECTUAL PROPERTY RIGHTS IN TANZANIA

To date, no regulation has been enacted to facilitate customs recordal of intellectual property rights (such as trade/service marks, patents, industrial designs, copyrights and related rights) despite having a law that restricts the use of marks and trade description in relation to merchandise (The Merchandise Marks Act of 1963).

The current method is to register a trademark with the Registrar of Trade and Service Marks and thereafter collaborate with The Fair Competition Commission (FCC) which is charged with protecting the intellectual property rights in Tanzania.

If counterfeit goods are discovered, the proprietor or his/her agent is responsible for notifying the FCC immediately of the presence of such products/goods. Once the FCC receives complainant, they will liaise with other institutions such as the Customs department, the police and even national security agency to conduct an investigation and ban the pirated products immediately.

If the client has already registered his trademark, we can enter into an agreement with him to make a watch service that will include checking all products entering the market and new trademark requested to be registered.

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As lawyers, we at Darstate Attorneys, our responsibility is to ensure that we guide and advise you on the basic principles and legal procedures in promoting your business, whether be it a service or a product.

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