Counterfeiting of products, this is an unauthorized manufacturing, producing, packaging, repackaging, labelling or, making whether in Tanzania or elsewhere of goods imitating other protected goods or subject matter of intellectual property to a manner that is very similar or identical to the protected products.
Fair Competition Commission, is responsible for enforcing the Merchandise Marks Act, where any person who faces counterfeiting of their goods can submit their claim to the Chief Inspector or his representatives.
Counterfeiting Claims are instituted by using a prescribed form which is provided in the Merchandise Marks Amendments Regulations GN NO. 426 of 2010 in its First Schedule of the Regulation, where it amended the Principal Regulation the Merchandise Marks Regulation GN NO.89 Of 2008.
Upon submission of the claim, Chief Inspector or his representatives shall issue notice of hearing in Form M as prescribed in its First Schedule and a part who has been served has to appear before Chief Inspector for hearing shall acknowledge the receipt.
Chief inspector shall not hear the claim alone, he shall establish a committee for hearing the claim this is provided under Regulation 34B if GN No. 426 and the committee shall involve 3 members.
During the hearing the committee shall not be bound to the rules of Evidence. But the claimant during the hearing has to provide evidence to prove the claim.
Chief Inspector shall allow representation of the parties during the hearing such as Advocates.
Decision and records of the Committee shall be signed by the chairman and members present.
The Merchandise Marks Act is the Act, prohibits importation of counterfeits and empowers appropriate authorized officers to seize, detain, forfeit or dispose and destruction of the counterfeits with fines of ten million to 50 million depends on the gravity of the offence or even being imprisoned for a term of four (4) to 15 years.
If any part is not satisfied with the decision of the Chief Inspector other than compoundment order, then one can Appeal to the Fair Competition Tribunal as stipulated under the Merchandise Marks Regulations GN No.89 OF 2008
If you need more information/assistance on counterfeit claims in Tanzania, please do not hesitate to contact us.
Contact UsAs 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.
The Legal profession is different from other professions especially when it comes to the issue of concentration in advising and acting.