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An Introduction to the Law of Intellectual Property

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THE INSTITUTE OF ACCOUNTANCY ARUSHA DEPARTMENT OF BUSINESS MANAGEMENT STUDIES BUSINESS LAW G.MALI "An Introduction to the Law of Intellectual Property" INTELLECTUAL PROPERTY Introduction The purpose of business law is to regulate the conduct of business in a given society. In so doing it protects both social and economic interests of the people at the same time promote competition among businessmen. Free competition if not regulated can abrogate the general nature and purpose of law in the society. In this context some interests such as intellectual property rights need to be protected for the benefits of the inventor. Intellectual Property or IP What is intellectual property? It is the property springing from human intellect, intellect being an ability to think in a logical way and understand things. Intellectual property therefore can be an idea, design, formula resulting from human intellect and the law prevents others from using it without his authority. The law of Intellectual property allows people to own their creativity and innovation in the same way that they can own physical property. The owner of IP can control and be rewarded for its use, and this encourages further innovation and creativity to the benefit of us all. In some cases IP gives rise to protection for ideas but in other areas there will have to be more elabouration of an idea before protection can arise. It will often not be possible to protect IP and gain IP rights (or APRs) unless they have been applied for and granted, but some IP protection such as copyright arises automatically, without any registration, as soon as there is a record in some form of what has been created. The four main types of IP are: * patents for inventions - new and improved products and processes that are capable of industrial application * trade marks for brand identity - of goods and services allowing distinctions to be made between different traders * designs for product appearance - of the whole or a part of ...read more.


or service mark belonging to him or a different proprietor and already on the register in respect of the same goods or services or closely related goods or services; or b) That, the mark or service can not be validly registered in respect of any goods or services because it so nearly resembles such a trade or service mark of different proprietor as to be likely to deceive or cause confusion as to the nature, geographical or origin; or c) That, the trade or service mark can not be validly registered in respect of any goods or service because the use of it is contrary to the law or morality. The notice of opposition must be made in writing with a statement of the grounds for the opposition. The Registrar is required to send a copy of that notice to the applicant who will within a prescribed time send to the Registrar a counter statement of the grounds on which he relies for his application. If the applicant sends such counter statement as aforesaid, the Registrar will furnish a copy thereof to a person giving notice of opposition. Thereafter, the Registrar shall hear the parties if so required and make decision thereof. A party dissatisfied by the decision of the Registrar may appeal to the High Court. Where the application for registration of a trade or service mark has been accepted, the Registrar shall register the trade or service mark. The registration shall be effective as from the date on which the application for registration was received (section 28(1) (b) of the TSMA 1986 of the Laws of Tanganyika). The registration of trade or service mark is be for a period of seven years from the date of registration but may be renewed from time to time (section 29). Effect of Registration One of the effects of registration is to disentitle any person to institute any proceedings to prevent or to recover damages for infringement of unregistered trade mark. ...read more.


this rights of the injured party, in such case such injured party may only require that such measures be undertaken as to achieve this effect. d) The injured party may require that the copies and equipment be delivered to him, in whole or in part, for an equitable price which shall not exceed production cost. Exceptions Where the infringement was neither intentional nor negligent the demands of injured party as said above may be set aside and require the defendant indemnify in money the injured party if execution of aforesaid demands would produce for him a serious and disproportionate injury. The damages payable shall be such an amount as would have constituted an equitable remuneration had the right been granted by contract. Payment of such damages shall constitute the injured party's consent to utilization within customary limits. (Section 41) 3. Offences and legal sanctions (sect. 42) Apart from civil remedies available to the injured party, the infringer may also be charge for criminal offence under the same Act. It is provided by section 42(1) of the Copyright and Neighbouring Rights Act, 1999 of the laws of Tanganyika that "any person who knowingly violates or causes to be violated, the right protected under this Act shall be liable to- a) A fine not exceeding Tsh.5, 000,000. or to imprisonment for a term not exceeding three years or both, for the first offence if the infringement was on commercial basis; and b) A fine not exceeding Tsh.10, 000,000. Or to imprisonment for a term not exceeding five years or both, for each subsequent offence if the infringement was on commercial basis. It is also an offence for a person to import or distribute copies or folklore4 copies derived from the United Republic of Tanzania, or copies of translations, adaptations, arrangement or other transformations of such expression of folklore made abroad without authority. A person found guilty of that offence is liable to a fine not exceeding Tsh.10, 000,000.or imprisonment for a term not exceeding ten years. ...read more.

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