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Amendments to Trademark Laws

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Apr 05, 2016 (Newsletter Issue 6/16)
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New Industrial Property Act Enacted

The Zanzibar Industrial Property Act of 2008 were enacted and published by the Minister of Justice and Constitutional Affairs in the Government Gazette of April 17, 2015 and has been made available to the public at the end of 2015. With the promulgation of the implementing Regulations in 2015, it is now possible to file and obtain protection in respect of various IP rights provided for under the New Act.

The New Act has provisions which consolidates and codifies the laws on protection of trade and service marks, patents, geographical indications, industrial designs, layout designs of integrated circuits and utility models, into one piece of legislation.
Furthermore, for the first time in Zanzibar, the New Act provided for the protection and registration of service Marks, collective marks, certification marks as well as non-traditional marks such as sound, colour and scent marks.

Few salient issues addressed in these regulations are:
- Utility models and industrial designs can now be filed in Zanzibar
- Layout designs (topographies) of integrated circuits can now be filed in Zanzibar
- Service marks, collective marks, certification marks as well as non-traditional marks can now be filed in Zanzibar
- Procedure for reclassification of trademarks
- Geographical indications can now be filed in Zanzibar
- Categorization of goods for the purposes of the registration of geographical indication provided in the third schedule
- Priority can be claimed based on an earlier application.
- Evidence under the New Act to be filed by either statutory declarations or affidavits
- Official languages are English or Kiswahili
- Registered user or license agreement can now be recorded in Zanzibar
- No refund of official fees once paid

To access the new regulation, please click here

Source: JAH & Co. IP, Qatar