Implications of trade-related aspects of intellectual property rights (Trips) agreement in law and administration of industrial property in Tanzania

This study aims at tracing the implications of Agreement on Trade - Related Aspects of Intellectual Property Rights in the law and administration of industrial property in Tanzania. It attempts to deal with the two aspects of individual property that is trademarks and patents and try to check the implications of TRIPS - Agreement in the law and their administration in Tanzania. Chapter one is introduction and brief background to the intellectual property and industrial property. In the second chapter is an analysis of global trading agreements (GTA) in the context of Tanzania’s economic development. Chapter Three is a critical examination of the evolution of industrial property. This also traced the attendant global protection in the international arena. Chapter four examines the introduction and development of the legal framework governing industrial property in Tanzania. This was done by going through domestic legislation which deals with trademarks and patents. Chapter traces the implications of TRIPs Agreement on law and administration of industrial property in Tanzania legal system. The aim of this chapter was to examine the implications of each TRIPs provisions in the relevant provisions of Trademarks Act and Patents Act. Chapter Six provides a summary of the study and possible improvements and further research in the area of study. The internet and World Wide Web calls for the need to have a better legal framework for the protection of IPR. Notwithstanding its advantages, the rapidly growing internet is a place fraught with many new legal problems involving domain names, trade names, service marks and trademarks. It was also noted that there is nothing in the TRIPs Agreement that clearly spells out to the main points intended to favour the LDCs in their goal to boost up their technology. In addition this study has revealed that most countries especially LDCs are unprepared to accommodate a fully developed structure of IPR protection. It has been observed during the course of this study that counterfeit and infringement in particular is essentially a social and economic problem having its roots in the material conditions obtained in the society. It was further noted that even the developed countries used the method of copying for sometimes so as to develop their IPR. It was pointed out, therefore, that unless some immediate measures are taken, including the improvements and increase of training the personnel responsible, organizing market structure, ensuring strict boarded control, constant check up at market places, incorporation of the international conventions relating to industrial property to which Tanzania is a party, all endeavour towards implementation of the TRIP. Agreement shall be merely cosmetic, without any serious effect. On the basis of the above, a summary of recommendations to be introduced in the laws and administrative principles is also supplied.