UNDERSTANDING AND MANAGING JOINT OWNERSHIP OF INTELLECTUAL PROPERTY IN TANZANIA.
- Introduction
- Joint Ownership of Intellectual Property
- Legal Framework in Tanzania
- Key Considerations
- Managing Joint Ownership in Tanzania
- Conclusion
Introduction:
Intellectual Property (IP) is a crucial asset for businesses and individuals, fostering innovation and protecting creative endeavors. In Tanzania, as in many jurisdictions, joint ownership of intellectual property can arise when two or more parties collaboratively develop IP assets. This article explores what joint ownership entails, the legal framework in Tanzania, and strategies for managing joint ownership effectively.
What is Joint Ownership of Intellectual Property?
Joint ownership of intellectual property occurs when two or more parties hold rights to the same IP asset. This can happen with various forms of IP, including patents as regulated under the Patents Registration Act CAP 217 R.E 2002, trademarks as provided under Section 24 of the Trade and Service Marks Act CAP 326, copyrights as provided under Section 15 of the Copyright and Neighboring Rights Act 1999. Joint ownership means that all parties have a stake in the IP and, therefore, share both the benefits and responsibilities associated with it.
Legal Framework in Tanzania:
In Tanzania, the management of joint ownership is governed by various laws and regulations. The primary statutes include:
- Patents Registration Act CAP 217 R.E 2002- Governs patents and provides for the protection of inventions.
- Trade and Service Marks Act CAP 326 – Regulates trademarks and service marks.
- Copyright and Neighbouring Rights Act, 1999 – Covers copyrights and related rights.
These laws collectively shape how joint ownership is approached in Tanzania. They outline the rights of joint owners and provide mechanisms for resolving disputes.
Joint owners typically share rights to exploit the IP asset. This means they can both use, license, or sell the IP, but they also share obligations, such as maintaining and defending the IP.
Decisions regarding the IP asset, such as licensing or enforcement, generally require the consent of all joint owners. This can sometimes lead to conflicts if owners have differing views. In the absence of an agreement, profits generated from the IP asset are usually shared equally among joint owners, unless otherwise stipulated in a contract.
Managing Joint Ownership in Tanzania:
Effective management of joint ownership in Tanzania is crucial to avoid disputes and ensure that the IP asset is used efficiently. Here are some strategies for managing joint ownership in Tanzania:
Draft a Clear Agreement: Before joint ownership begins, or as soon as possible, draft a comprehensive agreement that outlines each party’s rights, responsibilities, and contributions. The Law of Contract Act CAP 345 R.E. 2019, is responsible for the guidance of how this particular agreement should appear.
This agreement should cover a define the percentage of ownership each party holds and establish how decisions will be made and how disputes will be resolved. The agreement should also entail how any revenue or costs associated with the IP will be shared such as the royalties and ensuring compliance with Tanzanian laws. Parties to the agreement should agree to maintain open and regular communication with co-owners. This helps to ensure that all parties are aligned on the use and management of the IP asset.
It is important to keep thorough records of all agreements, decisions, and actions related to the IP. This documentation can be crucial in resolving disputes and clarifying ownership rights. Have a mechanism in place for resolving conflicts. This might include mediation or arbitration procedures, which can be less adversarial and more efficient than litigation. A periodic review of the joint ownership agreement is encouraged as the state of the IP asset may be. As business needs or relationships change, the agreement may need to be updated to reflect new circumstances.
Conclusion:
Joint ownership of intellectual property in Tanzania can be a powerful way to harness collaborative innovation and creativity. However, it requires careful management to ensure that all parties benefit and that disputes are minimized. By establishing clear agreements, maintaining communication, and seeking legal advice, joint owners can effectively manage their IP assets and leverage them for mutual advantage. Navigating joint ownership successfully not only protects the IP but also fosters productive relationships between co-owners, paving the way for continued innovation and growth.
Disclaimer: This article is authored by Margreth Somme, Intellectual Property & Technology Expert from Rive & Co, a new and innovating law firm as a result of the partnership between ABC Attorneys, Sepia Attorneys and Stallion Attorneys, built on the foundation of trust, credibility, and novelty, offering expert legal solutions. This Article is for informational purposes only and should not be construed as legal advice. It is recommended to consult with a qualified legal professional for advice specific to your situation.
