Intellectual property rights in subsaharan africa sope adegoke claremont mckenna college. Open library is an initiative of the internet archive, a 501c3 nonprofit, building a digital library of internet sites and other cultural artifacts in digital form. Section ii surveys the interaction between intellectual property law and e. Introduction this case study is part of a wider study on institutional capacity in intellectual property policy, regulation and administration, covering the countries of uganda, kenya and tanzania. Intellectual property ip rights have continued to play a leading role in the development of most countries and regions of the world. It is a broad area of study that covers different from of rights like, trademarks, patents and. Domestic applications for intellectual property rights are sometimes hindered by the. Transactions costs in licensing certain technologies may be so high as to make it difficult to launch them in small markets. Recent developments ip law the ip laws in zambia were promulgated in 1958 the patents law did not include petty patents or utility models which is good for small scale business people now it includes these and has increased the protection period for patents from 16 years to 20 years. If you continue browsing the site, you agree to the use of cookies on this website. The economic structure of intellectual property law.
It covers every type of intellectual property right in depth and neighbouring rights, patents, utility models, trademarks, trade names. A read is counted each time someone views a publication summary such as the title, abstract, and list of authors, clicks on a figure, or views or downloads the fulltext. Jan 22, 2016 the research objective is to assess and evaluate the effectiveness of intellectual property laws in zanzibar, to identify the position of intellectual property in zanzibar, to determine the degree of public awareness of protection of creators of intellectual property inside and outside of the country and to examine the performance of rules. Introduction to intellectual property and intellectual property rights speaker. Intellectual property rights in tanzania construction. Intellectual property law ip protection right of occupancy in tanzania the historical background of land tenure, or ownership, in tanzania can literally be divided into three eras, namely the precolonial, colonial and postcolonial eras. Intellectual property law ip protection law firm tanzania. The history of china is shown to display that this country has been a highly progressive country within the scope of law but also being one of the slowest countries to implement intellectual property law which has sparked an interest into where the progression in the legal system relating to intellectual property law went into disrepute and the.
Trips traderelated aspects of intellectual property rights background material it contains provisions on civil and administrative procedures and remedies, provisional measures, special requirements related to border measures and criminal procedures. The nice classification has classified goods in 35 classes and. Intellectual property law in tanzania, second edition wolters. Pdf intellectual property rights and economic development. Soft ip are intellectual assets which are not included in industrial property or in literary and artistic works, but have an important value for organisations. It is important to note that print sources are often better than electronic ones for getting a sense of a specific area of law. Objectives of intellectual property laws on patents, trademarks and industrial designs give exclusive rights to the inventors and other stakeholders for a limited period of time.
Recent developments in intellectual property law in nigeria 3 federal high court seeking damages as well as an injunction against the appellant and his agentsofficers, for the infringement of two of the respondents registered trademarks. Tanzania, tenure, resources, land law, land reform, property rights, land. Intellectual property law in india nishith desai associates. Find intellectual property law offices and lawyers in tanzania for your city. Ademola samuel adeniyi is an astute legal practitioner in nigeria, with defined expertise in intellectual property law and communication law. How to apply for a patent in tanzania and aripo african regional intellectual property organization intellectual property refers to the legal rights which result from intellectual creations in the industrial, scientific, literary and artistic fields. Lets say youve come up with a brilliant and original idea. Recent developments in intellectual property laws in nigeria. President calls for more intellectual property rights protection in africa president of the united republic of tanzania, dr. Introduction to intellectual property and intellectual.
Kenyas national ip legislative framework is divided into law, trade mark law, industrial property law and anticounterfeiting law. Intellectual property rights in tanzania construction sector by abc attorneys december 7, 2016 sunday ndamugoba, lead counsel trademarks and patents at abc attorneys tanzania, explains the importance of intellectual property ip rights in tanzanias construction sector. The legal regime governing intellectual property rights ipr in tanzania is based on the classical approach developed in the western capitalist system. Because intellectual property shares many of the characteristics of real and personal property, associated rights permit intellectual property to be treated as an asset that can be bought, sold, licensed, or even given away at no cost. Abughazaleh intellectual property agip is dedicated to providing protection for intellectual property rights and registration for trademarks, patents, domain names and design. If you buy a book in a shop, if you buy a cd in a shop, once you. We specialize in strategic legal, regulatory and tax advice coupled with industry expertise in an integrated manner. Property he key forms of intellectual property are patents, s, trademarks, and trade secrets. The effectiveness of intellectual property laws in zanzibar.
Intellectual property rights and global policy challenges 237 limiting possible spillovers. It does not recognize or accommodate the communal ownership approach that is still common and relevant in most. Posner t he traditional focus of economic analysis of intellectual property has been on reconciling incentives for producing such property with concerns about restricting access to. Intellectual property rights in subsaharan africa globalization of the world economy has made knowledge a critical element of effectiveness in the global economy. Intellectual property rights an introduction to computer law. Draft national policy on intellectual property, 20 invitation for the public to comment on the national policy on intellectual property, 20 i, dr rob davies, minister of trade and industry, having obtained cabinet approval, hereby publish the national policy on intellectual property for broader public comments. Intellectual property ip is a generic term that describes creations of the intellect in relation to which the law ascribes exclusive right of appropriation to the designated owners. Intellectual property has emerged as a fundamental part of the new development in the world, it has a potential to add a higher value to creator and inventors in developed as well as in developing countries. Intellectual property law ip protection right of occupancy in tanzania. Intellectual property is regarded as an imported service that should be paid for, but in africa where there are more pressing issues like famine, intertribal wars and social instabilities, the effects of those are so great that laws in. But ive done the approaching, and many artists are grateful for any initial advice and information i can give them. Lecture 09 notes copyright and intellectual property.
Protection of intellectual property rights of indigenous. The historical background of land tenure, or ownership, in tanzania can literally be divided into three eras, namely the precolonial, colonial and postcolonial eras. Economic foundations of intellectual property rights. Get the knowledge you need in order to pass your classes and more. Ive made my fair share of approaches to artists in my capacity as an intellectual property attorney. Intellectual property rights pdf notes ipr pdf notes. During all periods, land has been managed administratively and through various forms of legal tenure. Its inclusion was the culmination of a program of intense lobbying by the united states, supported by the european union, japan and other developed nations.
Intellectual property laws amendment act act 28 of 20. The most concise and updated intellectual property law study notes for australian law students. South african intellectual property law journal print issn 2309 4532. Frankly, i dont like doing it that much, as im not a very hard sell kind of person. This essay canvasses those theories, evaluates them, and considers the roles they do and ought to play in lawmaking. President calls for more intellectual property rights. Intellectual property rights and global policy challenges. That is why creators and inventors struggled to ensure intellectual property would be appreciated as a private property and excludable rather being public goods.
Jakaya mrisho kikwete has called on african countries to step up efforts in undertaking meaningful commitments in protecting intellectual property rights, as an important contribution towards realization of economic. Laws governing intellectual property ip in kenya ip kenya. Intellectual property rights stellenbosch university. A primer is included on the different proprietary fights that can attach to innovative environmental technologytrade secrets, patents, and trademarks. Tanzania, for example, has at least three laws of inheritance. The expression intellectual property is a general one. Intellectual property intellectual property is the legal ownership of an idea rather than a thing it is the blueprint of a house not the houserev dec 2010 report writing intellectual property 4 5. Customary law and constitutional reform in tanzania. Nov 22, 20 ademola samuel adeniyi is an astute legal practitioner in nigeria, with defined expertise in intellectual property law and communication law. Registration process and protection of intellectual property rights in tanzania the constitution of the united republic of tanzaniaallows ownership of property and guarantees its protection. Intellectual property rights in tanzania construction sector. Intellectual property law not only protects innovation, creativity and enterprise, it also means an idea or creation is actually owned by someone normally the creator or creators and as such, can be bought and sold.
Intellectual property ip is a property just like other properties. Intellectual property lawyers, law firms in tanzania for. Property and inheritance rights are foundational to security of tenure for all people. Intellectual property has these commercial characteristics, but none of the physical attributes of ordinary, real or tangible property. Add to enquiry burrells intellectual property law library online. Understanding intellectual property law intellectual. Intellectual property law is that area of law concerned with legal rights associated with creative effort or commercial reputation and goodwill. How artists can protect their intellectual property. Sep 09, 2011 laws governing intellectual property ip in kenya september 9, 2011 september 14, 2011 victor nzomo kenyas national ip legislative framework is divided into law, trade mark law, industrial property law and anticounterfeiting law. Derived from the renowned multivolume international encyclopaedia of laws, this monograph provides a survey and analysis of the rules concerning intellectual property rights in tanzania. Internationally the nature of intellectual is enclosed with the procedure of trade related aspects of intellectual property law trips. Trips was negotiated during the uruguay round of the general agreement on tariffs and trade gatt in 19841994. Intellectual property rights issues legal framework in zambia. Slideshare uses cookies to improve functionality and performance, and to provide you with relevant advertising.
One solution may be found in tanzanias village land act. This later law was at least comprehensive compared to. Here you can download the free lecture notes of intellectual property rights pdf notes ipr pdf notes materials with multiple file links to download. Chapter 24 traderelated aspects of intellectual property. Campaigns of unilateral economic encouragement under the generalized system of preferences and. In conclusion, africa has no quick fix to its intellectual problems. Plagiarismrev dec 2010 report writing intellectual property 5 6. Of course, intellectual property is always attached to a physical thing. Come browse our large digital warehouse of free sample essays. With the enactment of the new trademark law, both goods and services are protected in zambia under the nice classification. Intellectual property rights notes pdf ipr notes pdf book starts with the topics introduction to intellectual property. Europe and north america have fully apprehended the dynamics of intellectual property and inexorably driving developments in the global and international arena.
Statutory recognition of customary land rights in africa food and. The following are the major acts governing the protection of ip in kenya. South african intellectual property law journal 20 to cur. The classical approach is the hallmark of individualism and exclusive and sometimes absolute ownership of property. Intellectual property rights ipr are a set of rights associated with creations of the human mind. How artists can protect their intellectual property artsy. A quick look into intellectual property law in tanzania. The economic structure of intellectual property law landes, william m. Patent and intellectual property issues in africa law teacher. This amazing idea of yours could make you lots of money, so naturally, you dont want anybody copying or stealing your idea. Jun 11, 20 ive made my fair share of approaches to artists in my capacity as an intellectual property attorney. He presently works as a counsel with chief rotimi williams chambers, in lagos. Results show that while there are no detectable effects of formal, private land property rights. The local government finance act of 1982 authorizes all local authorities to impose a flat rate property tax through enacting local bylaws subject to central.
Provisions of registration of documents act excluded. It is vital to grasp this distinction because a book, a blueprint, a sheet of music, or a cd is never literally the subject of intellectual property laws the particular book, the particular. Draft national policy on intellectual property, 20 comments joint submission october 20 page 3 introduction this document is submitted by a group of experts and scholars working in the various areas of intellectual property law and policy, based at or affiliated with south african universities. International encyclopaedia of laws, this monograph provides a survey and analysis of the rules concerning intellectual property rights in tanzania.
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