Lets begin with some elementary facts about the laws so we are all starting from the same place. Intellectual property rights issues legal framework in zambia. Panelists from the united states embassy, the national arts council, africa university, zimbabwe lawyers for human rights, and the business community will discuss the current status of ipr in zimbabwe. The llm program in intellectual property and information technology law is a unique program that combines the classic study of intellectual property rights with the rapidly emerging field of information technology law. Zimbabwean law recognises a number of intellectual property rights that require formal registration in the zimbabwe intellectual property office. The most concise and updated intellectual property law study notes for australian law students. Intellectual property rights in south africa 5 economic returns belonging to creators. Zimbabwean law and its effectiveness in protecting. Recent developments in intellectual property law in nigeria 3 federal high court seeking damages as well as an injunction against the appellant and his agentsofficers, for the infringement of two of the respondents registered trademarks. Republic of zambia ministry of commerce, trade and. All of these courts exist mainly to adjudicate ipr disputes. The land reform and property rights in zimbabwe of 2010 is a sequel report to the 2007, adding insult to injury, a preliminary report on human rights violations on commercial farms 20002005.
Zimbabwe the african regional intellectual property. Yes, send me information on similar products and content from wolters kluwer. A firm favourite with students and lecturers alike, intellectual property can be trusted to equip you with the best possible basis for study of this dynamic subject. Zimbabwe based african regional intellectual property office aripo in the development of this policy. This essay canvasses those theories, evaluates them, and considers the roles they do and ought to play in lawmaking. It is vital to grasp this distinction because a book, a blueprint, a sheet of music, or a cd is never literally the subject of intellectual property laws the particular book, the particular. Basically, the business units of radio zimbabwe, national fm, power fm, spot fm and ztv purport to uphold the nations values whilst educating and entertaining the nation.
An act to consolidate and amend the laws in force in zimbabwe relating to the constitution, in corporation, registration, management, administration and winding up of companies and other associations, and for other purposes incidental thereto. Introduction to intellectual property and intellectual. They aim to promote the benefits of technological innovation and restrain. Intellectual property law developments in zimbabwe.
Intellectual property rights are an important aspect of the modern economy. Aippa report final article 19 defending freedom of. Intellectual property laws protect these innovative qualities being intellectual capital. Provisions supplementary to sections 178, 179 and 180. And yes, intellectual property law is, in fact, a large enough issue to have its own category and specialists who do nothing but litigate in this arena. This act may be cited as the companies act chapter 24.
Submission and position paper on broadcasting in zimbabwe. Adams practical guide to intellectual property in africa. Intellectual property law in zimbabwe honey and blanckenberg. The zimbabwe intellectual property office zipo is a section of the department of deeds and intellectual property and is currently administered by the ministry of justice legal and parliamentary affairs.
Industrial propertyincludes patents for inventions, trademarks, industrial designs and geographical indications. Duty of director to dlosisc e payments for loss of office, made in connection with transfer of shares in com pany. Estimates are that most marriages in zimbabwe are conducted under customary law and are not registered, so, in effect, these laws. This article analyses how international intellectual property ip laws of african countries can be utilised as a tool for advancing indigenous innovation and protecting traditional knowledge tk. A handbook on commercial law in zimbabwe in searchworks catalog. What are the legal challenges with intellectual property. Zimbabwe, or a body corporate whose controlling interest are held in zimbabwe, can apply for a license. Intellectual property zimbabwe legal information institute. African regional industrial property organization aripo 18 b. Republic of zambia ministry of commerce, trade and industry national intellectual property policy final draft may, 2009. Zimbabwe intellectual property office honey and blanckenberg. Aripo marks are uploaded in the ipas as pdf files from. Music composers on the other hand know and understand how it has helped them in protecting their intellectual property rights.
This ip portion of the startup kit provides a few tools to. The zimbabwe legal information institute zimlii provides free, full and anonymous access to zimbabwe case law, legislation and legal journals. Property he key forms of intellectual property are patents, s, trademarks, and trade secrets. Two new laws the intellectual property tribunal act, 2001 chapter 26. Even during the days of the zimbabwe broadcasting corporation zbc, the guiding principles concerning music censorship seem to have stayed the same. Intellectual property law deals with the protection of creativity and innovation. A case for strong intellectual property rights newsday. World intellectual property organisation african regional intellectual property organisation. We use cookies to collect information about how you use gov. It may accurately be described as the leading weapon of the government and the ruling zanu pf party in their ongoing campaign to stifle independent media reporting in zimbabwe. An intellectual property system ips is therefore aimed at giving statutory expressions to the moral and economic rights of creators. University of zimbabwe publications, 1996 law 90 pages. Pdf the position of intellectual property systems in the protection. This comprehensive work covering all areas of business law in zimbabwe is the standard reference work in the field.
Intellectual property ip is a legal term that refers to creations of the mind, including an idea, invention or process that are protectable under, patent, trademark, and trade secrets law. International journal of humanities and social science vol. Office with the mandate to registergrant and publish intellectual property. The protection of the various intellectual property rights iprs is at the nexus of the enjoyment of these rights. Intellectual property has therefore grown into one of the worlds biggest and fastestgrowing fields. A guide to media law in zimbabwe by geoff feltoe preface this is a revised and updated version of the a guide to press law in zimbabwe published by the legal resources foundation of zimbabwe. Students study fundamental and advanced intellectual property rights issues in. Intellectual property rights, copyright and development. Intellectual property law in india nishith desai associates. Emerging debates and prospects for devolution in zimbabwe a discussion paper. Eversheds sutherland africa law institute intellectual property in africa guide 2016 how we can help local example considering the difficulties that can be faced when enforcing the law on intellectual property rights we have recently successfully assisted a client with the protection and enforcement of their trademark rights which are still.
In this lesson, youll learn about intellectual property rights and some of the relevant laws. Providing an unrivalled account of the law in this area, this book also examines the ethical and policy influences which have shaped its development providing you with a solid. Harare, zimbabwe intellectual property lawyers and law firms. It opened as a section under the deeds office, a set up still existing today.
Welcome to zimbabwe legal information institute website. Geographical indications are protected in accordance with national laws and under a wide range of concepts, such as laws against unfair competition, consumer protection laws, laws for the protection of certification marks. Intellectual property refers to creations of the mind. Symposium on the promise of the declaration of rights under the constitution of zimbabwe combined pdf. As this guide covers the law relating to both print and electronic media this new edition has been entitled a guide to media law in zimbabwe. On the zimlii website you can read and download the following for free. Wto trade topics intellectual property gateway the world trade organizations listing of documents, agreements and position on intellectual property gateway. Countries have laws to protect intellectual property for two main reasons. Jun 21, 1999 zimbabwe with effect from 12 february 1999 with effect from 3 august 1999. Understanding intellectual property law intellectual. One of the major problems is that many african countries are not properly signed up to global protocols protecting intellectual property rights, so this has made africa the.
Republic of zambia ministry of commerce, trade and industry. Right to property protection against deprivation of property without fair compensation. The department was established in 1897 as the deeds office with a secondary function as an intellectual property registry. Intellectual property law not only protects innovation, creativity and enterprise, it also means an idea or creation is actually owned by someone normally the creator or creators and as such, can be bought and sold. Pdf an analysis of the zimbabwe national intellectual property.
The aripo system coincides with the national systems of each member state such that an applicant may elect either system for protection if its mark or patent. The zimbabwe intellectual property office was officially opened in 1894. They aim to promote the benefits of technological innovation and restrain the excesses hat may result from monopolisedt. The african regional intellectual property organization. Recent developments in intellectual property laws in nigeria. This is an introductory textbook on the zimbabwean legal system. Property rights, the zimbabwe draft constitution and a. Kahari was established in 1986 and is now one of the leading law firms in africa specializing in intellectual property, commercial, advertising, insurance, telecommunication, banking, charitable, and other interests in africa. In this paper, i examine the approach taken by zimbabwe to regulate the use of geographical indications gis. Constitution of zimbabwe amended 2005 constitution of zimbabwe amended constitution of zimbabwe amendment no. Deputy chairman, law development commission, zimbabwe. Bmatanga ip attorneys intellectual property zimbabwe. It is mainly an intellectual property law firm which is currently developing other specialist legal services.
To achieve this, the law gives people and businesses property rights to the information and intellectual goods. It was set up as an anchor to give legal support and address the legal needs of companies, individuals and institutions with business interests in africa. The amendments have been gazetted in the judicial laws amendment pdf ease of settling commercial and other disputes act 7 of 2017. The research outlined he background to the origin of law and it aimed at. The firm was founded by the managing attorney, brenda matanga, in january 2010. Zimbabwean law recognises a number of intellectual property rights that require formal registration in the zimbabwe intellectual property office zipo or the african regional intellectual property organisation aripo or under the madrid international trademark system madrid system before such rights can be. Zimbabwe intellectual property office is a section in the department of deeds. Mugabe, gono and the rule of law zimbabwe human rights ngo. Related aspects of intellectual property, zimbabwe enacted the geographical indications act chapter 26. Orirando manwere the current lawmaking process in which the executive initiates legislation, has proven to be partisan, undemocratic and at times counterproductive to the nation, the zimbabwe independent can report. The government of zimbabwe through the ministry of justice legal and parliamentary affairs has pledged to promote interactions between innovators and. Wipo intellectual property digital library ipdl access to various intellectual property data and support. Soft ip are intellectual assets which are not included in industrial property or in literary and artistic works, but have an important value for organisations. Eversheds sutherland africa law institute intellectual.
Zimbabwe intellectual property office zimbabwes oldest law. The protection of geographical indications in zimbabwe. Within the intellectual property office are various registers maintained by the controller of patents, trade marks and designs. The most current and complete digital collection of zimbabwe caselaw and case summaries from the superior courts. Intellectual property ip is a generic term that describes creations of the intellect in relation to which the law ascribes exclusive right of appropriation to the designated owners. Chapter 1 introduction the concept of intellectual. The intellectual property rights pdf notes ipr pdf notes. Intellectual property has these commercial characteristics, but none of the physical attributes of ordinary, real or tangible property. Intellectual property rights notes pdf book latest material 1 links. Fully searchable information retrieval and display by users on demand. Although there is a measure of harmonisation of intellectual property laws, remnants on the. The mip programme is open to government officials, industry practitioners, senior students and young professionals from academic, research and development or other relevant background who wish to upgrade their knowledge and skills in intellectual property law and practice. Its expansion over the last years and improvements in technology has seen it rise to the. Mugabe, gono and the rule of law derek matyszak, senior researcher 3rd october 2014 the breakdown of the rule of law in zimbabwe, and the extent thereof, is sometimes missed by those not paying attention, or who are insufficiently informed or equipped to assess the issue.
Intellectual property is divided into two categories. Intellectual property ip can be one of the most valuable assets to a startup company, whether it is a patent on a new innovative technology, the customer goodwill associated with your trademark and brand, or a over your original material. Frivolous applications those against established natural laws. The importance of patenting traditional medicines in. International trade often exposed the intellectual capital in these goods and services to misappropriation such that unrestrained counterfeiting and copying significantly reduced market share of. The main purpose of intellectual property law is to encourage the creation of a wide variety of intellectual goods for consumers. It is important to note that print sources are often better than electronic ones for getting a sense of a specific area of law.
Zimbabwe establishes an intellectual property tribunal, as a. Intellectual property rights notes pdf file to download ipr pdf notes ipr notes. African regional intellectual property organisation zambia is also a member of the african regional intellectual property organisation aripo which is a body of about 17 members headquartered in harare in zimbabwe it coordinates ip issues in the region on behalf of member states in the region. Harare, zimbabwe intellectual property lawyers and law. The expression intellectual property is a general one. Section on tuesday, university of zimbabwe law lecturer mr moses nkomo said there were enough laws in the country to enforce intellectual property. The bsa further requires a broadcaster to reserve, free of charge, one hour of programming a week for the government to explain its policies.
Intellectual property zimtrade zimbabwe trade information. Acts of parliament zimbabwe legal information institute. Lawmaking process not democratic the zimbabwe independent. Doing business in zimbabwe grant thornton zimbabwe. Intellectual property rights pdf notes ipr pdf notes. Law construction law criminal law electoral law energy law environmental law health law insurance law intellectual property law labor law law sources litigation and court procedure mining law tax law transport and maritime law. Indeed, i am greatly honoured and privileged to present the national intellectual property policy as a critical step towards deriving benefits from national intellectual property for the economic development of zambia. The consequences of creating property rights in such objects are farreaching. Intellectual property lawyers, law firms in zimbabwe for. One is to give statutory expression to the moral and. He taught intellectual property law at the university of zimbabwe between 2007 and 20 and currently lectures on enforcement of intellectual. A philosophy of intellectual property argues that lying at the heart of intellectual property are dutybearing. Such overlapping protection is problematic because it interferes with the carefully developed doctrines that have evolved over time to balance the private property rights in intellectual creations against public access to such creations.
We specialize in strategic legal, regulatory and tax advice coupled with industry expertise in an integrated manner. The ruling zanu pf party, with a majority in parliament, has despite constructive criticism of some bills by legislators from both sides of the house. Intellectual property and information technology law fordham. Trade mark amendments including aripo a shared tribunal. Keywords indigenous knowledge, intellectual property, traditional knowledge. It sets the stage for a comprehensive description of that legal system by opening with some theoretical issues on the nature of law in general, particularly a definition of law, the role and purpose of law in society, the relationship between law and justice and how morality impacts on law. Armorial bearings, names, uniforms and badges act chapter 10. The lack of intellectual property creates an unstable market and risk on investments in the industry.
The african regional intellectual property organization aripo is an intergovernmental organization igo that facilitates cooperation among member states in intellectual property matters, with the objective of pooling financial and human resources, and seeking technological advancement for economic, social, technological, scientific and. Approval of company requisite for payment in connection with transfer of its property to director for loss of office. Background intellectual property rights iprs are property rights in something intangible and protect innovations and reward innovative activity. Zimbabwes national ip policy and implementation strategy seeks to strengthen the maintenance of legislation and raise awareness of intellectual. Intellectual property refers to creations of the human mind for business purposes. Broadcasting as an industry and as a practice is an integral mechanism for the promotion of freedom of expression and access to information by members of the public.