PATENT REGISTRATION IN ZANZIBAR GENERAL OVERVIEW.

Introduction.

A patent is an exclusive right granted for an invention, which is a product or a process that provides in general a new way of doing something or offers a new technical solution to a problem. In Zanzibar, patent registration falls under the Zanzibar Industrial Property Act No. 4 of 2008, which aligns with international intellectual property treaties and agreements.

The Zanzibar Industrial Property Act No. 4 of 2008 provides for patents under Part II and similarly provides for works that are excluded from patents protection. Unlike The Patent (Registration) Act of Tanzania mainland; The Zanzibar Industrial Property Act No. 4 of 2008has provided for additional works that cannot be patented including certain matters like the human body and natural substances.

According to the Act, “An invention shall be patentable if it is new, involves an inventive step, is industrially applicable and has not been excluded from patentability under the Zanzibar law.” The three criteria found under the Patent (Registration) Act of Tanzania are the same as those of the Zanzibar Industrial Property Act, in Zanzibar.

Eligibility for patent registration in Zanzibar

When discussing patent registration in Zanzibar, it’s essential to understand the fundamental criteria that determine whether an invention is eligible for protection. These criteria ensure that patents are only granted for inventions that contribute something meaningful and new to the world. Here are criteria’s,

1. Novelty: For an invention to be patented in Zanzibar, it must be genuinely new. This means it should not have been made public in any way before you apply for the patent. If someone else has already disclosed it through previous patents, publications, or even online, it’s considered part of the “prior art,” and thus not novel. The concept of newness ensures that patents are granted only for ideas that bring something fresh and original, rather than repeating what’s already known.

2. Inventive Step: Beyond just being new, in Zanzibar, the invention should involve a step forward that isn’t obvious to someone who understands the technical field. It’s about adding value in a way that wouldn’t have been easily thought of by others working in the same area. This requirement prevents patents from being granted for simple or obvious modifications of existing technology and instead, it ensures that only significant advancements receive protection.

3. Industrial Applicability: In Zanzibar, an invention must have real-world usefulness. It should be something that can be made or used in an industry, whether that’s agriculture, manufacturing, technology, or any other economic activity. This requirement is about ensuring that the invention isn’t just an abstract idea but something that can have a tangible impact. Practical use requirement ensures that patents are granted for inventions that can be put into practice, benefiting industries and the economy.

Procedures for patent registration in Zanzibar

1. Application Submission: Applications can be filed with the Zanzibar Business and Property Registration Agency (BPRA). The application must include a request for the grant of a patent, a detailed description of the invention, claims defining the scope of protection sought, and any necessary drawings.
2. Examination: After submission are made, the Zanzibar Business and Property Registration Agency (BPRA) conducts a formal examination to ensure all documentation is in order. The invention is then subjected to a substantive examination to assess its novelty, inventive step, and industrial applicability.
3. Publication: If the application passes the examination, it is published in the official gazette, allowing the public to oppose the grant if they believe the invention does not meet the necessary criteria.
4. Grant of Patent: If no oppositions are filed or if oppositions are resolved in favour of the applicant, the patent is granted. The patent is then entered into the patent register, and a certificate of registration is issued.

 

International and Regional Systems

1. Patent Cooperation Treaty (PTC)

Zanzibar is a signatory of the Patent Cooperation Treaty (PCT). The Patent Cooperation Treaty ensures that by filing one international patent application, applicants can simultaneously seek protection for an invention in other PCT member countries. A PCT National Phase entry provides a unified procedure for filing patent applications to protect intellectual property in each of its contracting states.

The following are necessary documentations for application of patents at PCT;

o Signed Power of Attorney (POA)
o Specification, claims, drawings and abstract with English translation
o Deed of assignment
o Published International application
o International Search Report and International Preliminary Report on Patentability

2. Paris Convention

Zanzibar is a member of the Paris Convention where each contracting state must grant the same intellectual property protection to nationals of other contracting states and providing for the right of priority in the case of patents, trademarks and designs. The Paris Convention is an international agreement which helps creators ensure that their intellectual property is protected in other countries.

The following are relevant documents for patent application at Paris Convention,

o Signed Power of Attorney (POA)
o Specification, claims, drawings and abstract with English translation
o Deed of assignment
o Certified copy of the priority document (if applicable) with verified English translation

3. African Regional Intellectual Property Organization (ARIPO)

Zanzibar is a member of the African Regional Intellectual Property Organization (ARIPO)which allows for regional patent filings. The patent granted by the African Regional Intellectual Property Organization (ARIPO) can be enforced in Zanzibar.

The following are relevant documentations for patent application at ARIPO,

o Signed Power of Attorney (POA)
o Specification, claims, drawings and abstract with English translation
o Deed of assignment
o Certified copy of the priority document (if applicable) with verified English translation

Validity of patents in Zanzibar

A patent in Zanzibar is valid for twenty (20) years from the filing date, provided that annual maintenance fees are paid.

Rights and Obligations of Patent Holders

1. Exclusive Rights: This is the most fundamental right granted by the Zanzibar Business and Property Registration Agency (BPRA). The right prevents others from making, using, selling or importing the patented invention without the patent holder’s permission. This exclusivity allows the patent holder to control the commercial exploitation of the invention for the duration of a patent term.

2. Right to Licence: Patent holders have the right to license or grant permission to others to use the patented invention in exchange for royalties or other forms of compensation. Licensing agreements enable the patent holders to generate revenue from the invention while allowing others to benefit from its use.

3. Right to enforce: The patent holder has the right to enforce their patent against infringers through legal actions. If someone uses, makes, sells or imports the patented invention without authorization, the patent holder can seek remedies such as injunctions, damages or royalties through civil litigation.

4. Right to exclude: In Zanzibar, Patents provide the patent holder with the right to exclude others from exploiting the patented invention even if the infringing activity occurs unintentionally. This right helps to maintain integrity of the patent system and incentivize respect for intellectual property rights.

5. Right to transfer: The patent holder has the right to transfer or assign their patent rights to another party, such as through a sale or inheritance. Patent assignments enable investors to monetize their inventions by transferring ownership of the patent to a third party in exchange for a lump sum payment or other consideration.

Enforcement and Dispute Resolution

In Zanzibar, the patent holder can take legal action against any party that infringes on their patent rights through seeking injunctions, damages, or other remedies. Also, disputes relating to patents can be resolved through the courts in Zanzibar or through alternative dispute resolution mechanisms like arbitration.

Renewal of Patent in Zanzibar

The Zanzibar Industrial Property Act No. 4 of 2008 provides for the valid lifetime of a patent being twenty (20) years. And thus, after lapse of such period the patentee shall be required to renew his patent rights through the Zanzibar Business and Property Registration Agency (BPRA).

Conclusion

Registering a patent in Zanzibar is a critical step for protecting intellectual property in the region. By following the prescribed legal framework, inventors and businesses can secure exclusive rights to their inventions, which can provide a competitive edge in the market. It should further be noted that, registration of patents in Tanzania and Zanzibar are to be done separately. That is to mean if you register you patent in Tanzania, your patent will not be protected in Zanzibar unless you register a patent in Zanzibar following all the legal requirements of the laws in Zanzibar.

Reach to out Team at www.gerpatsolutions.co.tz , info@gerpatsolutions.co.tz, +244 742 826 955

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