Geographical Indications Law in Tanzania
Sure! Here’s a concise overview of Geographical Indications (GI) Law in Tanzania:
Geographical Indications Law in Tanzania
1. Legal Framework
The protection of Geographical Indications in Tanzania is primarily governed by the Trademarks Act, 2019 (No. 13 of 2019), which includes specific provisions for Geographical Indications.
Tanzania is also a member of the East African Community (EAC) and follows the EAC Regional Intellectual Property Policy, which harmonizes GI laws across member states (Tanzania, Kenya, Uganda, Rwanda, Burundi, South Sudan).
Tanzania is a member of the World Trade Organization (WTO) and bound by the TRIPS Agreement, which requires GI protection.
2. Definition of Geographical Indications
Under Tanzanian law, a Geographical Indication (GI) is a sign used on goods that have a specific geographical origin and possess qualities, reputation, or characteristics essentially attributable to that origin.
3. Protection and Registration
The Business Registrations and Licensing Agency (BRELA), specifically the Trademarks Registry, handles GI registration.
Application Process:
Submission of application including proof of origin, description of goods, geographical boundaries, and evidence of the product’s reputation or unique qualities linked to the place.
Published for opposition.
Examination for compliance.
Once registered, the GI is protected within Tanzania.
4. Duration and Renewal
GI protection lasts for 10 years from the date of registration.
Protection can be renewed indefinitely for further 10-year periods upon payment of renewal fees.
5. Rights Conferred
The registered proprietor gains exclusive rights to prevent unauthorized use or imitation of the GI on similar products.
Only producers within the defined geographical area who comply with the GI specifications may use the GI.
6. Enforcement
Enforcement of GI rights is through civil remedies such as injunctions, damages, and seizure of counterfeit goods.
BRELA may also cancel a GI registration under certain conditions (e.g., if the GI becomes generic or was registered in bad faith).
7. International Treaties and Regional Agreements
Tanzania complies with the TRIPS Agreement under WTO, which sets minimum GI protection standards.
As an EAC member, Tanzania follows the EAC Protocol on the Protection of Geographical Indications (2017), which facilitates regional registration and protection of GIs.
Tanzania is also a member of the Paris Convention (1883), which supports intellectual property rights, including GIs.
8. Examples of Potential GIs from Tanzania
Kilimanjaro Coffee
Tanzanian Vanilla
Tanga Cloves
Zanzibar Spices
RELATED Blog
0 comments