Protecting your Intellectual Rights in Zimbabwe
Intellectual property rights are often left unprotected in Zimbabwe as many are unaware of their rights and are oblivious to the ways in which these rights can be protected.
This write up will highlight two intellectual property areas that can be better protected in Zimbabwe namely Trademarks and Industrial Designs.
What is a Trademark?
This refers to a distinctive, symbol, name, word or mark that represents a company or a product. It is used to indicate the source of goods and services and if another manufacturer starts trading by utilising another manufacturer’s trademark for economic gain that would be an infringement which warrants prosecution.
A valid trademark must be capable of being distinguishable, must be registrable and used in relation to particular goods or services in the course of trade.
A manufacturer who wishes to protect their brand and trade mark should do so by registering their trademark by filing the application for registration with Zimbabwe Intellectual property office.
This will provide protection within Zimbabwe. If, however an entity wishes to protect its trademark regionally, it can register it with African Regional Intellectual property organisation which affords the business entity with much wider protection in those areas it may seek to export to.
Registration within the Zimbabwean Intellectual Property Office is not lifelong, it requires renewal every ten years as set out in section 24 Trademarks Act (Chapter 26:04).
Registration of trademarks as section 21 (1)(b) Trademarks Act (Chapter 26:04) sets out that registration can be done by any person who is desirous of registering that trade mark.
Such a person shall apply in writing to the registrar in the prescribed manner for registration.
Upon registration, the Registrar will issue to the Applicant a certificate of registration sealed with the seal of Trade marks Office (Section 23(2) Trademarks Act (Chapter 26:04).
Industrial Designs
Industrial designs are yet another form of intellectual property.
Any designs or ornamental aesthetic aspect found on an object that would make it more aesthetically pleasing to the eye and would therefore increase that objects marketability and overall economic value, should be protected from infringement.
Such a creation can be registered to protect the designer’s rights in his/her creation. This too should be protected from those who would want to benefit unjustly from another person’s creation of the mind.
For an industrial design to be registered the design has to be new and original as set out in Section 6 Industrial Designs Act (Chapter 26:02).
Any person claiming proprietorship in this design is entitled to make an application for registration (Section 8 Industrial designs Act (Chapter 26:02). This registration after 10 years ought to be renewed thus a copyright in a registered design shall subsist for as long as the design remains registered (Section 16(2) Industrial designs Act (Chapter 26:02).
For as long as an industrial right is registered, anyone who infringes on these rights can be sued for damages in the appropriate courts.
Alternatively, an order for an interdict, attachment, the rendering of account, the delivery of infringing copies or articles used or intended to be used for making infringing copies or otherwise, may also be sought, as set out in Section 46A (1) Industrial Designs Act (Chapter 26:02).
Due to the technicalities involved in the registration of intellectual property rights, it is highly recommended that a proprietor obtains legal assistance from qualified legal practitioners.
It is due time in Zimbabwe that more creators and businesses become aware of intellectual rights and in turn make an effort to protect these rights.
Fungai Chimwamurombe is a registered legal practitioner and Senior Partner at Chimwamurombe Legal Practice and can be contacted for feedback at fungai@zenaslegalpractice.com and WhatsApp 0772 997 889. Stacey Watungwa is a legal intern, email is stacey@zenaslegalpractice.com or +263 71 217 6008
