International journal of humanities and social science vol. Wto trade topics intellectual property gateway the world trade organizations listing of documents, agreements and position on intellectual property gateway. 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. Its expansion over the last years and improvements in technology has seen it rise to the. Frivolous applications those against established natural laws. 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. 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. Related aspects of intellectual property, zimbabwe enacted the geographical indications act chapter 26.
Adams practical guide to intellectual property in africa. Zimbabwe intellectual property office is a section in the department of deeds. 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. Zimbabwes national ip policy and implementation strategy seeks to strengthen the maintenance of legislation and raise awareness of intellectual. Background intellectual property rights iprs are property rights in something intangible and protect innovations and reward innovative activity. Property he key forms of intellectual property are patents, s, trademarks, and trade secrets. 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. Jun 21, 1999 zimbabwe with effect from 12 february 1999 with effect from 3 august 1999. Students study fundamental and advanced intellectual property rights issues in. The main purpose of intellectual property law is to encourage the creation of a wide variety of intellectual goods for consumers. 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. 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. Deputy chairman, law development commission, zimbabwe. 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. It is important to note that print sources are often better than electronic ones for getting a sense of a specific area of law. 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. 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. Because intellectual property shares many of the characteristics of real and personal property, associated rights permit intellectual property to be treated as an asset that can be bought, sold, licensed, or even given away at no cost. Eversheds sutherland africa law institute intellectual. Intellectual property rights pdf notes ipr pdf notes.
Republic of zambia ministry of commerce, trade and. Yes, send me information on similar products and content from wolters kluwer. 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. Intellectual property and information technology law fordham. 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. Harare, zimbabwe intellectual property lawyers and law. Intellectual property refers to creations of the human mind for business purposes. 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. 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. He taught intellectual property law at the university of zimbabwe between 2007 and 20 and currently lectures on enforcement of intellectual. Intellectual property is divided into two categories. Wipo intellectual property digital library ipdl access to various intellectual property data and support.
Aippa report final article 19 defending freedom of. Property rights, the zimbabwe draft constitution and a. Bmatanga ip attorneys intellectual property zimbabwe. The department was established in 1897 as the deeds office with a secondary function as an intellectual property registry. World intellectual property organisation african regional intellectual property organisation. Zimbabwe establishes an intellectual property tribunal, as a. Welcome to zimbabwe legal information institute website. African regional industrial property organization aripo 18 b. Zimbabwe, or a body corporate whose controlling interest are held in zimbabwe, can apply for a license. 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. In this lesson, youll learn about intellectual property rights and some of the relevant laws. Zimbabwe intellectual property office honey and blanckenberg. The government of zimbabwe through the ministry of justice legal and parliamentary affairs has pledged to promote interactions between innovators and. Approval of company requisite for payment in connection with transfer of its property to director for loss of office.
The zimbabwe legal information institute zimlii provides free, full and anonymous access to zimbabwe case law, legislation and legal journals. Introduction to intellectual property and intellectual. An intellectual property system ips is therefore aimed at giving statutory expressions to the moral and economic rights of creators. Harare, zimbabwe intellectual property lawyers and law firms. 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. We specialize in strategic legal, regulatory and tax advice coupled with industry expertise in an integrated manner. Republic of zambia ministry of commerce, trade and industry. We use cookies to collect information about how you use gov. The lack of intellectual property creates an unstable market and risk on investments in the industry. 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. It opened as a section under the deeds office, a set up still existing today. 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.
Republic of zambia ministry of commerce, trade and industry national intellectual property policy final draft may, 2009. Duty of director to dlosisc e payments for loss of office, made in connection with transfer of shares in com pany. A case for strong intellectual property rights newsday. They aim to promote the benefits of technological innovation and restrain the excesses hat may result from monopolisedt. 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. Doing business in zimbabwe grant thornton zimbabwe. 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. Recent developments in intellectual property laws in nigeria.
Emerging debates and prospects for devolution in zimbabwe a discussion paper. 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. 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. 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. This is an introductory textbook on the zimbabwean legal system. It is mainly an intellectual property law firm which is currently developing other specialist legal services. The african regional intellectual property organization. Intellectual property lawyers, law firms in zimbabwe for. 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. The protection of geographical indications in zimbabwe. University of zimbabwe publications, 1996 law 90 pages. All of these courts exist mainly to adjudicate ipr disputes.
Armorial bearings, names, uniforms and badges act chapter 10. The intellectual property rights pdf notes ipr pdf notes. Acts of parliament zimbabwe legal information institute. Chapter 1 introduction the concept of intellectual. Countries have laws to protect intellectual property for two main reasons. Pdf the position of intellectual property systems in the protection. The research outlined he background to the origin of law and it aimed at. Symposium on the promise of the declaration of rights under the constitution of zimbabwe combined pdf. 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. Intellectual property rights notes pdf file to download ipr pdf notes ipr notes. The most current and complete digital collection of zimbabwe caselaw and case summaries from the superior courts. Zimbabwe based african regional intellectual property office aripo in the development of this policy. Intellectual property has these commercial characteristics, but none of the physical attributes of ordinary, real or tangible property. Zimbabwean law recognises a number of intellectual property rights that require formal registration in the zimbabwe intellectual property office.
Intellectual property refers to creations of the mind. 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 has therefore grown into one of the worlds biggest and fastestgrowing fields. Aippa, was passed by the parliament of zimbabwe on 31january 2002 and signed into law by president mugabe on 15 march 2002. 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. Intellectual property zimtrade zimbabwe trade information. Music composers on the other hand know and understand how it has helped them in protecting their intellectual property rights. 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.
Within the intellectual property office are various registers maintained by the controller of patents, trade marks and designs. Intellectual property rights in south africa 5 economic returns belonging to creators. A handbook on commercial law in zimbabwe in searchworks catalog. A philosophy of intellectual property argues that lying at the heart of intellectual property are dutybearing. Provisions supplementary to sections 178, 179 and 180.
Announcement for scholarship and admission into the masters degree in ip programme at university of dar es salaam 03 mar 2020 general notices. Intellectual property law developments in zimbabwe. This essay canvasses those theories, evaluates them, and considers the roles they do and ought to play in lawmaking. 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. The protection of the various intellectual property rights iprs is at the nexus of the enjoyment of these rights. 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. 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. Pdf an analysis of the zimbabwe national intellectual property. The consequences of creating property rights in such objects are farreaching. This act may be cited as the companies act chapter 24. This comprehensive work covering all areas of business law in zimbabwe is the standard reference work in the field.
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. Two new laws the intellectual property tribunal act, 2001 chapter 26. 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. Zimbabwe the african regional intellectual property. Right to property protection against deprivation of property without fair compensation. Intellectual property law in zimbabwe honey and blanckenberg. Intellectual property laws protect these innovative qualities being intellectual capital. The firm was founded by the managing attorney, brenda matanga, in january 2010. Section on tuesday, university of zimbabwe law lecturer mr moses nkomo said there were enough laws in the country to enforce intellectual property. Intellectual property law deals with the protection of creativity and innovation. Fully searchable information retrieval and display by users on demand.
Trade mark amendments including aripo a shared tribunal. The zimbabwe intellectual property office was officially opened in 1894. Property rights, the zimbabwe draft constitution and a christian response titled land and property rights have a long, fascinating and relevant history for zimbabwe today in the light of the dramatic economic collapse that has taken place during the last decade and the cementing. 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. Although there is a measure of harmonisation of intellectual property laws, remnants on the. 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. Estimates are that most marriages in zimbabwe are conducted under customary law and are not registered, so, in effect, these laws. Intellectual property rights notes pdf book latest material 1 links. 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. On the zimlii website you can read and download the following for free. Constitution of zimbabwe amended 2005 constitution of zimbabwe amended constitution of zimbabwe amendment no. In this paper, i examine the approach taken by zimbabwe to regulate the use of geographical indications gis. What are the legal challenges with intellectual property.
The importance of patenting traditional medicines in. This ip portion of the startup kit provides a few tools to. Even during the days of the zimbabwe broadcasting corporation zbc, the guiding principles concerning music censorship seem to have stayed the same. Industrial propertyincludes patents for inventions, trademarks, industrial designs and geographical indications.
Office with the mandate to registergrant and publish intellectual property. The most concise and updated intellectual property law study notes for australian law students. Intellectual property rights are an important aspect of the modern economy. Submission and position paper on broadcasting in zimbabwe. Zimbabwean law and its effectiveness in protecting. To achieve this, the law gives people and businesses property rights to the information and intellectual goods. Zimbabwe intellectual property office zimbabwes oldest law. The association of chartered certified accountants. Intellectual property zimbabwe legal information institute. The amendments have been gazetted in the judicial laws amendment pdf ease of settling commercial and other disputes act 7 of 2017. One is to give statutory expression to the moral and. Keywords indigenous knowledge, intellectual property, traditional knowledge.
They aim to promote the benefits of technological innovation and restrain. 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. 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. Mugabe, gono and the rule of law zimbabwe human rights ngo. Lawmaking process not democratic the zimbabwe independent. The expression intellectual property is a general one. Intellectual property law in india nishith desai associates. 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. Intellectual property rights, copyright and development. 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. Understanding intellectual property law intellectual. The bsa further requires a broadcaster to reserve, free of charge, one hour of programming a week for the government to explain its policies. Aripo marks are uploaded in the ipas as pdf files from.
531 719 1429 8 1344 1480 588 1585 1103 477 600 1457 1344 68 603 1250 1213 256 1419 812 255 865 858 714 177 544 959 51 328 1073 828 955 1243 611 973 353