Browsing by Author "Kanyabuhinya, Baraka Francisco"

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    Legal challenges in addressing counterfeit goods in Tanzania mainland The Right of Consumers to Redress
    (University of Dar es Salaam, 2014) Kanyabuhinya, Baraka Francisco
    The study investigates the plight of victims of counterfeit and related substandard goods. It critically examines the contemporary legal framework for the control and protection of consumers against counterfeit goods. The study analyzes the discrepancies in the current legal framework in redressing victims of counterfeits, in particular; consumers’ right to redress. It also seeks to resolve the conflicting and competing policy considerations that need to be addressed in reforming the attendant law and systems; for example, how to balance the competing interests of traders, manufacturers and consumers. The study explores the feasibility of merging the criminal justice approaches in dealing with counterfeit goods and the civil remedies approach for purposes of institutionalizing expedited remedies to victims. It also challenges the current court system which does not guarantee quick access to justice, the justice that suitable to consumers; who in most cases have small claims.The study recommends enactment of an efficient and responsive legal framework to address the above legal discrepancies with the view of enhancing consumer powers and protection. Based on this work, the law recommended should derive key legal principles from the United Nations Guidelines for Consumer Protection and the Model Law for Consumer Protection in Africa (1996). It further recommends consumers rights should have the same status as human rights and be incorporated in the constitution and creation of small claims courts which are best suited for consumer’s small claims.