UNDERSTANDING INTELLECTUAL PROPERTY RIGHTS IN THE DIGITAL AGE-ZANZIBAR PERSPECTIVE

Zanzibar follows Tanzanian IP laws, which are governed by national and international agreements,
such as the Berne Convention and the Paris Convention. Understanding these laws and how they apply
to your startup is crucial for compliance.

Enabling Local Laws:

• The Zanzibar Industrial property act No. 4 of 2008.
• The Zanzibar Industrial Property Regulations, 2015.
• The Copyright Act (Act No. 14) of 2003
• The Zanzibar Trading act, no. 14 OF 2013

COPYRIGHT:

Copyright is a form of IP protection that grants exclusive rights to creators of original literary, artistic,
musical, or other creative works. In the digital age, copyright extends to digital content such as
software, e-books, music, videos, and images. It provides creators with control over the reproduction,
distribution, display, and adaptation of their works. In Zanzibar the Office of Copyright Society of
Zanzibar (Cosoza) is the responsible authority under the Zanzibar Business and Property Registration
agency. It is a governmental institution established in 2005 following the enactment of the Copyright

Act (Act No. 14) of 2003 with the jurisdiction to collectively manage copyright related matters. The Act
repealed the English Copyright Act of 1956 and Order in Council of 1962: https://www.cosoza.or.tz/
Members of the Society shall declare their works to the Society for collective copyright protection and
registration. Such declaration of works shall be free of charge subject to payment of annual
subscription fees in future.

Types of Membership / Registration:

• Individual Membership
• Registration of two people and more (Partnership)
• Group membership

Registration Procedures.

• The applicant must submit one copy of the work that he intends to register with the
  Registration Officer.
•  The applicant will be given a period of two weeks (14 days) to give the Office time to review
  his work to ensure it is in compliance.
• After that period the applicant will fill out the form to apply for membership of the Copyright
  Community and declaration form of work received
• After the applicant fills the form with the information of his works, the same will be included
  in the system of interview which is called “WIPOCOS” for the purpose of being Stored
  electronically
• That system will give the member his membership number (Member ID) together with the
  number of each work registered (Work ID)
• Once the applicant is registered, he will be given a document as proof of receipt of his work
  referred to as a “Work Declaration letter”

Registration requirements:

• The applicant must possess a work protected according to the Copyright Law (No. 14) of 2003.
• The work must be of original creativity (original work) and should not be copied.
• The applicant must attach a copy of the work which he intends to register.
• The applicant will be required to submit two passport size pictures.
• The applicant will be required to provide a Zanzibari identity card/ citizenship/ license/passport or birth certificate.
• For group work the applicant should present the names of the members of the Group, the
  leadership of the group and the constitution/rules of the group
• A member who is not the author of the work who intendsto register will be required to submit
  a copy of the contract or a legal document that proves the legitimacy of owning the work.
• For a member who is the government or an Institution of the Government will be required to
  attach a copy of the work that intends to be registered with an official letter of request for
  registration.
• The member will be responsible for paying; -Membership fee, Work Registration fee (Work
  declaration fee) and Annual fee (Annual subscription fee)

Duration of Copyright Protection:

• The work of a single author: Protection throughout his/her lifetime and 50 years after his/her
  death
• Work of more than one author: shall be protected through out the life of the last composer
  and 50 years after his/her death
• Group Work: Work will be protected for 50 years after being released to society.
• “Applied Arts”: the right of economic benefits will be protected for 25 years since its
  conception.
• Work which is from an unknown author: Economic rights 50 years from the date the work
  was given to the society

Type of registered works and Protected:

• Musical works that include; Songs of Taarab, new generation, jazz, choir, Qaswida etc.
• Works of film, drama, drama, documentaries and film/drama grants.
• Works of exhortation, Quran and sermons.
• Written works that include books, articles, magazines, poems.
• Photographs, drawings of building maps and emblems.
• Grants for projects (Projects) and programs of computers.

Things to consider:

• Any Copyright work is protected only when it has been shared with society in such a way that
  is seen or heard or touched regardless of it not being being registered.
• Owner of original artworks and design is entitled to the protection of his work anywhere
  without registration.

Things which are not registered and not protected by Copyright Law:

• Name
• An idea or concept.
• Discovery or data.
• Law, principle, procedure, operational methods.
• The use of courts and agencies of administration

Works which are not registered but is protected against illegal use;

• Poem, songs, dance music
• Entertainment
• Sculpture, weaving, carvings wood.
• All art and traditional work

TRADEMARK FOR BUSINESS & SERVICES:

• A Trademark is any mark that can be presented in writing and is able to be differentiate with
  other trademarks (for goods & services) of other businesses.
• A trademark can be in words (along with 3 names), Shapes, Letters, colors or a mixture of
  colors, numbers or product design, sound and smell.

Things to consider when registering trademarks;

• The Trademark being registered must be differentiable to products and services of other
  businesses.
• The Trademark being registered must not be contrary to the conduct, interests or values of
  the public
• Trademark being registered must not mislead the public or the business world.

Procedure for registration of trademarks;

• Filling of Prescribed Form with Application for trademark before the Registrar along with
  Declaration of application, copy of the trademark and list of products or services being applied
  for
• BPRA reviews Application. Once they review application and there are no objections, you are
  given a two-month period within which to advertise in the newspaper if anyone objects to the
  Registration.
• Once the 2month period elapses with no objections the Registration is approved.
• The Trademark being registered must be categorized according to the internally recognized
  Classes of trademarks
• Payment of stipulated fees upon completion of registration.

Infringement OF Intellectual Property Right:

Intellectual property rights infringements refer to unauthorized or illegal actions that violate the legal
protections granted to creators and innovators for their intellectual property. These rights encompass
the intellectual property discussed above, and infringement can occur through various means such as
copying, reproducing, distributing, or using protected works without permission. When you believe
your intellectual property rights have been infringed, it’s essential to take prompt and appropriate
action to protect your rights and seek remedies. Here are the steps you should consider taking:

• Gather Evidence: Collect relevant evidence of infringement, including copies of infringing
  material, dates, and related communication
• Consult an Attorney/IPR Office: Seek advice from an intellectual property attorney
  specializing in your rights (e.g., copyright, trademark, patent) for legal guidance.
• Cease and Desist Letter: Your attorney may send a cease-and-desist letter detailing your
  rights, infringement description, and a demand to stop. Include evidence and a response
  deadline.
• Alternative Dispute Resolution: Consider negotiation or mediation as quicker, cost-effective
  alternatives to litigation with attorney assistance.
• File a Lawsuit: If negotiation fails, you may need to sue under relevant provisions of
  intellectual property law with your attorney representing you in court.
• Register Your Intellectual Property: If not already registered, consider registering (e.g.,
  copyright, trademark, patent) for legal strength and potential statutory damages
• International Protection: If need be, Seek international protection through agreements and
  treaties (e.g., Berne Convention, Madrid Protocol, WIPO) for global infringement
• Monitor Ongoing Compliance: Continue monitoring for potential infringements post-legal
  action to ensure compliance with court decisions or settlements.
• Record Keeping: Maintain documentation of correspondence, legal filings, and actions taken,
  vital for any legal proceedings.
• Enforce Judgments/Settlements: Ensure the infringing party complies with terms, including
  damages or injunctions, upon winning a lawsuit or reaching a settlement.
• Educate and Prevent: Educate employees and partners about intellectual property rights’
  importance and take preventive measures to safeguard your intellectual property in the
  future.

D. Conclusion:

In conclusion, as we navigate the intricacies of intellectual property rights in the digital age from a
Zanzibar perspective, it becomes evident that safeguarding innovation and creativity while fostering
economic growth is a multifaceted challenge. Zanzibar, like many other regions, faces the imperative
task of harmonizing its legal frameworks with the rapidly evolving digital landscape.