ARTICLE
29 November 2019

New Copyright Amendments

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Inventa

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Inventa is a leading Intellectual Property Law Firm, specialized in the protection and internationalization of trademarks, patents, industrial designs, copyright and domain names. With over 50 years of experience in Portugal, the European Union and all the African jurisdictions, Inventa has served thousands of clients holding large trademark and patent portfolios, and other entities dealing with R&D daily.

Our headquarters are based in Lisbon, Portugal, and we also have offices in Angola, Mozambique, Democratic Republic of Congo, Nigeria, Cape Verde, Sao Tome, East Timor and Macao. Inventa also holds a large network of representatives all across the African region, including representation before the ARIPO and OAPI regional organizations, committed to delivering global coverage with local experience.

Last June an amendment to the The Copyright And Neighbouring Rights Act, through The Written Laws (Miscellaneous Amendments) (No.3) Act, 2019, entered into force.
Tanzania Intellectual Property

Last June an amendment to the The Copyright And Neighbouring Rights Act, through The Written Laws (Miscellaneous Amendments) (No.3) Act, 2019, entered into force. In addition to copyright act, other acts have been amended, such as The Companies Act, The Films And Stage Plays Act, among others.

The main amendments to the Copyright Act are as follows:

  • Replace of the term "COURT" to ""court means the court of competent jurisdiction;". Since the definition of "Court" has been expanded and not limited, it is now clear that the author will be able to appeal to the same court in order to solve the infringement of his copyright and seek proper compensation.
  • Inclusion of the right to benefit from re-sale;
  • It is now clear that anyone that intends to use a work protected under the law must be authorized by the copyright holder copyright.
  • In case of using protected material for commercial purposes the fine is increased to 20 million shillings or 30% of the value of pirated material, depending on the higher value, or subject to an imprisonment from 6 months to 3 years. In addition, a paragraph on recurrence is added. If the offender is a legal person regulated by Tanzania Communications Regulatory Authority, the person may be subjected to suspension in accordance with the Tanzania Communications Regulatory Authority Act."
  • Inclusion of contracts registration's contracts within the scope of the COSOTA (Copyright Society of Tanzania).

These amendments are narrowing the effectiveness of copyright protection in Tanzania contributing to a greater safety for intellectual creators.

The content of this article is intended to provide a general guide to the subject matter. Specialist advice should be sought about your specific circumstances.

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