According to Article 24 of the Constitution of the United Republic of Tanzania, 1977, as amended over time, every individual is entitled to property ownership and has the right to protect their property within the boundaries of the law. Under this legal framework, a patent is a type of legal protection that grants the owner exclusive rights to make, use, and promote an invention for a specific period. The Patents (Registration) Act No. 1 of 1987, Cap. 217, Revised Edition 2002 and the Patents Regulations, Government Notice Number 190 of 1994 (both as amended over time), establish the legal framework for patent legislation in Tanzania. These statutes outline the procedures for Patents registration and protection.
To secure a patent, the owner/applicant must demonstrate that the application encompasses a unique and non-obvious invention with tangible applications. Patents can be protected through various institutional avenues, including, the African Intellectual Property Organization, the African Regional Intellectual Property Organization, and the Patent Cooperation Treaty, of which Tanzania is a party. Registration of patents in these institutions hold validity in Tanzania, akin to patents granted under domestic legislation.
Patent Registration
Registration is required for patent protection, and an application thereof, can be made through a qualified agent or a law firm, which will help formalize legal ownership of the invention. Following approval by the Tanzania Patent Office at the Business Registration and Licensing Agency (BRELA), the applicant receives exclusive rights to use and license the invention. The registration process consists, among others, of examination of the application to confirm that it complies with the requirements of the law, a novelty search, publication, grant of a patent and opposition.
Patent Cancellation
Patent owners may voluntarily surrender their patents to the Registrar of Patents at BRELA, resulting in their removal from the register and subsequent cancellation, which may include cancelation also of any incidental claims.
Another form of cancellation is through invalidation. Parties with legal grounds, such as infringement, non-patentability, or noncompliance, can file a case with the High Court of Tanzania. Once an invalidation order is issued, the patent or relevant claims are deemed null and void from the date of grant, with the Court's decision being final and non-appealable. The Registrar of Patents is promptly informed of the Court's judgment, leading to removal from the patent register and publication of the cancellation.
Legal Consequences of Patent Infringements
Patent infringement arises when a patented invention is utilized, produced, or distributed without proper authorization. The repercussions of patent infringement may be in the following forms, among others:
Initially, patent holders possess the right to commence legal proceedings against infringers, alleging the violation of their patent rights, and seek appropriate damages as compensation.
Furthermore, patent holders may pursue injunctive orders through the courts, aiming to cease infringing activities and prevent any further unauthorized use, production, or distribution of the patented invention.
These legal measures collectively serve to protect the rights of patent holders, deter unauthorized use of patented technologies, and maintain the integrity of the patent regulatory system.
By Kenneth Muro - Legal Intern
Note: This is not a legal opinion, and the contents hereof are not meant to be relied upon by any recipient unless our written consent is sought and explicitly obtained in writing.
