NewZimbabwe.com has invited Mr. Vengai Madzima, the Senior Partner at Madzima Chidyausiku Museta Legal Practitioners (MCM Legal) to discuss Intellectual Property Rights protections in Zimbabwe.
Reporter: Welcome back Mr. Madzima, this week we want to discuss Intellectual Property Rights protections in Zimbabwe. What qualifies for protection as Intellectual Property?
VM: Thank you
In general terms, intangible creations of the mind qualify as intellectual property. This is a huge industry the world over worth trillions of United States Dollars. Normally such creations of the mind have to be new, novel, in that before their creation, they did not exist in that particular form.
Examples of intellectual property protection would be for copyright, patents, industrial designs, trade secrets and trademarks.
The protection offered to the creator per se depends on whether it is registered or unregistered. Some works enjoy protection in the absence of registration, by this I mean, just by the work’s creation, it is automatically protected if it fits the test for the type of protection it falls under and others require to be registered to enjoy protection.
The protection for intellectual property can be national, regional or international.
Reporter: Does Zimbabwe offer sufficient protection of Intellectual property rights?
VM: Our laws offer sufficient protection for intellectual property rights.
We have the Zimbabwe Intellectual Property Office (ZIPO) which registers national intellectual property rights, the African Regional Intellectual Property Organization (ARIPO), located in Harare, which registers regional intellectual Property rights and internationally, we are a member of the Madrid system. Zimbabwe is also a signatory of the World Trades Organization Trade Related Aspects of Intellectual Property (Trips) and our laws are aligned to provide legal protection for Intellectual Property rights.
Reporter: You mentioned some of the rights that can be protected being, copyright, trademarks, trade secrets, industrial design and patents, may you briefly describe the requirements for registration for these?
VM: Well a copyright exists for Zimbabweans on all original works in the literary or musical fields among others in Zimbabwe without the need for registration. What is key is that the work is original.
The protection offered on the production of the work protects the creator or author of the work against reproduction or publishing of the works by another without authority. There are limitations to the protection, for example, when it’s used for educational purposes like research, study et cetera.
Trade Secrets are those that give a company a competitive edge and are known only by a few people in the company, they also do not require to be registered but our laws recognize them. However, the person or company claiming that its trade secrets were misused must prove that he had taken steps to ensure that the secrets were protected.
Reporter: The infamous coca cola recipe?
VM: Indeed
Trade marks require registration although the law also offers some protection when unregistered. Trademark is a word, symbol et cetera that distinguishes a company’s product from another in the market to the extent that the mention of the word, sight of the symbol or logo will result in an association with that company. The protection is to stop others from using the same or similar trademark resulting in unfair benefits accruing to a third party because a consumer associated the company with that of the trademark owner.
Patents on the other hand are new inventions that have not existed in the particular market before. They are registered when the creation passes the test of novelty and industrial applicability.
It allows the inventor to exclusively enjoy for 20 years the economic benefits of the invention.
Lastly from your question, industrial designs can also be registered if new in terms of pattern, shape or configuration. They however cannot be artistic works like paintings, sculptures or drawings.
Reporter: What legal remedies are available where the intellectual property is protected in law and someone has unlawfully benefited from it?
VM: There are criminal and civil sanctions for misuse of intellectual property, I will however focus on the civil remedies available.
The courts may order that the offending person or company stop using the material under protection and compensate the holder of the intellectual property rights for loss of profits and damage caused as a result of the infringement. The courts may also seize from the offending person or company the infringing goods and destroy them where applicable.
Reporter: Thank you, Mr. Madzima we have run out of time.
VM: Thank you.
These discussions are general and those seeking specific legal advice should contact their lawyer.
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You can contact Vengai Madzima at vengai@mcmlegal.co.zw or www.mcmlegal.co.zw