Judicial Administration Structure for IP Disputes: United Republic of Tanzania

In Tanzania, the trade and service marks system is administered by the Trademark Registry of the Industrial Property Office and the Business Registration and Licensing Agency (BRELA), specifically the Registrar Office.

In addition, the Chief Inspector (as appointed in the Merchandise Marks Act, 1963, as amended) is in charge of the investigation and administrative proceedings in counterfeit matters. The Registrar and the Chief Inspector are mandated with powers under their enabling laws to entertain intellectual property (IP) matters with a view to expediting the delivery of justice to IP holders.

The Judiciary of Tanzania is vested with powers to administer justice under Article 107A of the Constitution of the United Republic of Tanzania. IP is among the areas that fall under the mandate of the judiciary. The disputes related to IP Rights are adjudicated by different courts depending on the nature of IP disputes and the value of the claim.

Court of Appeal

The Court of Appeal is the apex court with appellate jurisdiction over all IP matters decided by the High Court of Tanzania. Like in other cases decided by the High Court, there is no automatic right of appeal in IP cases. Instead, a party must apply for special leave to appeal in accordance with Rule 45 of the Tanzania Court of Appeal Rules.

High Court

The High Court of Tanzania is established under article 108(1) of the Constitution of the United Republic of Tanzania. It has both, original and appellate jurisdictions over IP disputes. The High Court of Tanzania has original jurisdiction over both criminal and civil IP matters relating to trade and service marks, copyright and related rights, patents and industrial designs.

There are nineteen High Court Sub Registries and four High Court Divisions. The High Court entertains civil cases, including the ones with commercial significance, and criminal cases. The Commercial Division deals only with cases with commercial significance. This division was established by the Chief Justice under Rule 5A of the High Court Registries Rules, GN. No. 141 of 1999 to hear all civil cases of commercial significance. The Commercial Division of the High Court entertains most of the IP cases with commercial significance in the country.

The High Court hears the appeals from the Resident Magistrates Courts and District Courts. The High Court has also jurisdiction to entertain appeals from decisions of the Registrar of Trade Marks and Service Marks. Additionally, the Registrar of Trade Marks and Service Marks may refer for interpretation to the High Court complex matters or questions of law.

Resident Magistrates Courts and District Courts

Districts Courts and Resident Magistrates Courts have concurrent jurisdiction over certain IP disputes. All District and Resident Magistrates Courts in the country have original jurisdiction over civil cases arising from infringement of copyright and related rights, subject to the amount claimed and criminal offenses provided under the Copyright and Neighboring Rights Act, (Cap. 218, R. E. 2002). According to the Merchandise Act, the Resident Magistrates Courts and the District Courts have criminal jurisdiction over cases related to forgery and deceptive application of trademarks.

Resident Magistrate Courts and District Courts do not have jurisdiction over patent and trademark infringement. Currently, there are 136 District Courts and 31 Resident Magistrates Courts across the country. District Courts entertain disputes in their respective districts while Resident Magistrates Courts have jurisdiction to entertain disputes in their respective regions.

Primary Courts

Primary Courts are first instance courts for civil infringement cases on copyright and related rights, subject to the amount of the claims. Before 2019, Primary Courts had no jurisdiction to deal with IP disputes. However, in 2019 the Copyright and Neighboring Rights Act (Cap. 218, R. E. 2002), was amended by the Written Laws (Miscellaneous Amendments) No.3) Act, 2019 with the view of conferring all courts with jurisdiction to adjudicate disputes related to copyright and related rights. More specifically, Section 13 of the Written Laws (Miscellaneous Amendments) No.3) Act, 2019 provides that the principal Act is amended in Section four by clarifying that the word “Court means the Court of Competent jurisdiction”. This resulted in all courts having jurisdiction for copyright matters, subject to the pecuniary value of the claims.

WIPO Lex – United Republic of Tanzania

Judiciary of Tanzania