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    Intellectual Property in Zimbabwe

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    KUZIVAKWASHE KANYANGARARA
    Intellectual property in Zimbabwe is regulated by several Acts and administered through different offices locally, regionally and internationally. Domestically, the Zimbabwe Intellectual Property Office regulates intellectual property categories of industrial property and copyright. Regionally, Zimbabwe is a member of the African Regional Intellectual Property Organization along with other English-speaking African nations. Globally, the World Intellectual Property Organization oversees international intellectual property law and administration with its 193 member countries.

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    Intellectual Property in Zimbabwe

    Uploaded by

    KUZIVAKWASHE KANYANGARARA
    103 views15 pages
    Intellectual property in Zimbabwe is regulated by several Acts and administered through different offices locally, regionally and internationally. Domestically, the Zimbabwe Intellectual Property Office regulates intellectual property categories of industrial property and copyright. Regionally, Zimbabwe is a member of the African Regional Intellectual Property Organization along with other English-speaking African nations. Globally, the World Intellectual Property Organization oversees international intellectual property law and administration with its 193 member countries.

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    Intellectual property in Zimbabwe is regulated by several Acts and administered through different offices locally, regionally and internationally. Domestically, the Zimbabwe Intellectual Property Office regulates intellectual property categories of industrial property and copyright. Regionally, Zimbabwe is a member of the African Regional Intellectual Property Organization along with other English-speaking African nations. Globally, the World Intellectual Property Organization oversees international intellectual property law and administration with its 193 member countries.

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    © All Rights Reserved
    Download as PDF, TXT or read online from Scribd
    Download as pdf or txt
    103 views15 pages

    Intellectual Property in Zimbabwe

    Uploaded by

    KUZIVAKWASHE KANYANGARARA
    Intellectual property in Zimbabwe is regulated by several Acts and administered through different offices locally, regionally and internationally. Domestically, the Zimbabwe Intellectual Property Office regulates intellectual property categories of industrial property and copyright. Regionally, Zimbabwe is a member of the African Regional Intellectual Property Organization along with other English-speaking African nations. Globally, the World Intellectual Property Organization oversees international intellectual property law and administration with its 193 member countries.

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    of 15

    INTELLECTUAL PROPERTY IN ZIMBABWE

    INTELLECTUAL PROPERTY categories

    IP is divided into two categories

    • Industrial Property: includes patents of


    invention, trademarks, industrial designs,
    geographical indications.
    • Copyright: includes Literary and artistic works
    as well as creations in the field of so called
    “neighboring rights” or related rights.
    Copyright is the body of laws which grant
    authors,artists and other creators, protection
    for their literary and artistic creations- works
    ZIMBABWE INTELLECTUAL PROPERTY OFFICE

    The Chief Registrar of Deeds and Companies


    and Controller of Patents, Trade Marks and
    Industrial Designs runs the Zimbabwe
    Intellectual Property Office and is
    answerable to the Ministry of Justice, Legal
    and Parliamentary Affairs,
    the day to day administration of these Acts.
    They are situated at cnr Angwa Street/Nelson
    Mandela
    LEGAL FRAMEWORK

    • Protection of IP in Zimbabwe is mainly contained in the


    following Acts of Parliament namely:

    -Industrial Designs Act(Chapter 26:02)


    -The Patents Act(Chapter 26:03)
    -The Trade Mark Act (Chapter 26:04)
    -Geographical Indications (Chapter 26:06)
    -Integrated Circuit Layout Design(Chapter 26:07)
    -Copyright and Neighboring Act(Chapter 26:08)
    -Uniforms and Badges Act ( Chapter 10.01)
    - Plant Breeders Act ( Chapter 18:16)
    Industrial Design Act Cap 26:02
    • Confers exclusive rights to owner to
    – Make
    – Import
    – Sell
    – Hire
    a registered design whose shape, appearance,
    configuration or pattern which has a useful purpose
    and is registered by owner.
    The period of cover is an initial 10 year period
    renewable for another 5 years
    Patent Cap 26:03
    • Confers exclusive rights to an inventor to
    – Make
    – Licence
    – Compose
    – Manufacture
    a new invention
    a. which is not obvious and
    b. has a useful purpose
    c. that but offers a new way of doing something
    d. or a technical solution to a problem or
    e. has a useful purpose and
    f. is registered by owner.
    The period of cover is an initial 20 year period which is not renewable
    upon expiry.
    Trade Marks Act Cap 26:04
    • Confers exclusive rights to owner to use a
    distinctive
    – Mark
    – Sign or
    – Name
    which uniquely identifies a product or service
    registered by owner.
    The period of cover is an initial 20 year period
    renewable for an indefinite period as long as the
    renewable fees are paid in time.
    Copyright and Related Rights
    Cap 26:05
    • Confers automatic exclusive rights to the musical or literary artist, author, playright, content
    producer, actor, performing artist, film maker/producer, sound recording artist, software
    producer, painter, photographer, industrial designer, choreographer, sculptor , architect or
    creative artist
    – Produce
    – Reproduce
    – Copy
    – Publish
    – Sell or
    – Distribute
    their artistic work
    The period of cover is the lifetime of the owner and 50 years preceeding the life of the owner.

    Related Rights:
    These depend on the existence of copyrighted work and are given to:-
    Parties that record works of artistes ie studios
    Music promoters
    Broadcasters
    Publishing houses and parties associated with the copyrighted work.

    The duration of the Related Rights is shorter than that of the copyrighted work
    Geographical Indications Act Cap 26:06
    • Confers exclusive rights to owner to use a
    distinctive
    – Mark
    – Sign or
    – Name
    which uniquely identifies a product or service
    registered by owner.
    The period of cover is an initial 20 year period
    renewable for an indefinite period as long as the
    renewable fees are paid in time.
    Layout Designs & Integrated Circuits
    (IC) Act Cap 26:07
    • Confers exclusive rights to owners of IC’s to
    manufacture or otherwise transfer or dispose
    in line with the provisions of the Trade and
    Related Intellectual Property (TRIPS)
    Agreement.
    The period of cover is a 20 year period
    Uniforms and Badges Act Cap 10:01
    • Confers exclusive rights to members of a group,organisation,
    union or corporation a unique identification of their product(s)
    during their day to day operations.
    • The rights prohibit copying , manufacture or use of similar
    identifying marks as may confuse the public with respect to their
    respective identities.
    • Badges means any token, design, insignia or emblem other than a
    heraldic representation
    • coat of arms” means any design, object or figure, being a symbolic
    representation displayed in colours and in conformity with the
    principles and rules of heraldry
    The rights are for the period until cancelled by the Registrar or Patents
    Tribunal.
    Plant & Animal Breeders Act Cap
    18:16
    • Confers exclusive rights to members of an agricultural
    group ,organisation, union corporation a research
    group protection over their product(s) or formulations
    and unique identifying marks.
    • The rights prohibit copying ,reverse engineering,
    manufacture or use of similar identifying marks as
    may confuse the public with respect to their
    respective identities.
    The rights are for the period until cancelled by the Registrar
    or Minister.
    Local, Regional and International IP
    Offices
    • Zimbabwe Intellectual Property Office(ZIPO) with offices in Nelson Mandela
    Avenue responsible for local IP administration.
    • African Regional Intellectual Property Office (ARIPO) a 19 member Southern
    African Regional Office comprising mainly of English speaking countries (except
    South Africa) with offices in Belgravia Avondale Harare.
    • African Intellectual Property Organisation (OAPI) is the Franco Phone equivalent
    for ARIPO which was originally intended for the Anglophone states in Africa.
    • European Patent Office (EPO) for European countries
    • European Union Intellectual Property Office for the European Union (EU) member
    states.
    • United States Patent and Trade mark Office (USPTO) for the United States.
    • Intellectual Property office of Asian Nations (ASEANPO) for Asian Nation.
    • World Intellectual Property Office (WIPO)- a United Nations Organisation with 193
    member countries world wide is the headquarters of IP all organisations with its
    head office in Geneva Switzerland.
    Regulatory Framework
    • Different IP regulatory organisations have different
    laws regulating IP
    • In Zimbabwe, the Intellectual Property Act Chapters
    26 :01-08 regulates IP as well as Plant Breeders Act
    CAP 18:16 and Uniforms and Badges Act CAP 10:01
    • The December 1976 Lusaka Agreement for ARIPO
    • The Paris Convention for the Protection of Industrial
    Property (1883) and The Berne Convention for the
    Protection of Literary and Artistic Works (1886)
    treaties formed the basis of the legal framework for
    (WIPO).
    IP in Zim, Africa and the World
    • Zimbabwe Property Office (ZIPO) or Deeds Office in Nelson
    Mandela which falls under the Ministry of Justice .
    • African Regional Property Office (ARIPO) in Belgravia Harare is the
    Regional Office for 19 member countries in Southern and Central
    Africa. These are mainly English Speaking countries(Anglophone)
    excluding South Africa
    • OAPI representing former French speaking countries in
    Southern and Central Africa.
    • World Intellectual Property Office (WIPO) is the global head office
    and has its headquarters in Geneva Switzerland.
    • WIPO is a United Nations organisation with 193 member
    countries throughout the world.
    • ZIPO, ARIPO and OAPI are all affiliated to WIPO

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