Despite joining the United Republic of Tanzania in 1964, Zanzibar retains its own legislature, courts and laws on industrial property. The trade mark law dates from 1932 and was amended in 2004 to recognize service marks. UK patents are protected by recordal. UK designs are automatically recognized.

An Act, recently passed by the House of Representatives, will change all that when it comes into operation. The effective date may not be set very soon, because there are no Regulations yet. I believe the authorities will avoid the severe practical difficulties that resulted when other countries' new Acts came into force without regulations, forms and fees.

The Act is based on the WIPO model and some features, which may be subject to amendments, are described here.

Signs that are susceptible of graphic representation and capable of distinguishing goods or services of one undertaking from those of others will be registrable as trade marks. Trade marks can be protected for 10-year terms, and will be renewable. Exhaustion of rights will extend to articles that have been put on the market in any territory or country by the registered owner or with his consent. That provision is still under discussion. The relevant Chapter covers collective marks, certification signs and trade names.

Regarding patents, the same tests of patentability will apply as are familiar from current law elsewhere. Prior art includes everything disclosed to the public, anywhere in the world. Local examination is contemplated but we are discussing its feasibility. Patents will be registered for 20 years and there will be progressively increasing annuities, with the amounts to be prescribed.

Other rights covered are: geographical indications; industrial designs; layout-designs of integrated circuits; and utility models.

There are also provisions against unfair competition and for enforcement. The latter codify the powers and duties of the civil courts in IP proceedings and include provisional measures. Border measures against trade mark counterfeiting are also provided for.

Criminal proceedings and penalties will apply for wilful trade mark counterfeiting and large scale copyright piracy.

We are assisting in a review of the Act and the preparation of regulations and I hope to keep Managing Intellectual Property readers informed.

Mac Spence

Spoor & Fisher Jersey
Africa House, Castle Street
St Helier, Jersey JE4 9TW
Channel Islands
Tel: +44 1534 838000
Fax: +44 1534 838001
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