Intellectual Property in Zimbabwe

INTELLECTUAL PROPERTY IN ZIMBABWE
INTELLECTUAL PROPERTY categories
IP is divided into two categories
• Industrial Property: includes patents of

invention, trademarks, industrial designs,
geographical indications.
• Copyright: includes Literary and artistic works
as well as creations in the field of so called
“neighboring rights” or related rights.
Copyright is the body of laws which grant
authors,artists and other creators, protection
for their literary and artistic creations- works
ZIMBABWE INTELLECTUAL PROPERTY OFFICE
The Chief Registrar of Deeds and Companies

and Controller of Patents, Trade Marks and
Industrial Designs runs the Zimbabwe
Intellectual Property Office and is
answerable to the Ministry of Justice, Legal
and Parliamentary Affairs,
the day to day administration of these Acts.
They are situated at cnr Angwa Street/Nelson
Mandela
LEGAL FRAMEWORK
• Protection of IP in Zimbabwe is mainly contained in the

following Acts of Parliament namely:
-Industrial Designs Act(Chapter 26:02)

-The Patents Act(Chapter 26:03)
-The Trade Mark Act (Chapter 26:04)
-Geographical Indications (Chapter 26:06)
-Integrated Circuit Layout Design(Chapter 26:07)
-Copyright and Neighboring Act(Chapter 26:08)
-Uniforms and Badges Act ( Chapter 10.01)
- Plant Breeders Act ( Chapter 18:16)
Industrial Design Act Cap 26:02
• Confers exclusive rights to owner to
– Make
– Import
– Sell
– Hire
a registered design whose shape, appearance,
configuration or pattern which has a useful purpose
and is registered by owner.
The period of cover is an initial 10 year period
renewable for another 5 years
Patent Cap 26:03
• Confers exclusive rights to an inventor to
– Make
– Licence
– Compose
– Manufacture
a new invention
a. which is not obvious and
b. has a useful purpose
c. that but offers a new way of doing something
d. or a technical solution to a problem or
e. has a useful purpose and
f. is registered by owner.
The period of cover is an initial 20 year period which is not renewable
upon expiry.
Trade Marks Act Cap 26:04
• Confers exclusive rights to owner to use a
distinctive
– Mark
– Sign or
– Name
which uniquely identifies a product or service
registered by owner.
renewable for an indefinite period as long as the
renewable fees are paid in time.
Copyright and Related Rights
Cap 26:05
• Confers automatic exclusive rights to the musical or literary artist, author, playright, content
producer, actor, performing artist, film maker/producer, sound recording artist, software
producer, painter, photographer, industrial designer, choreographer, sculptor , architect or
creative artist
– Produce
– Reproduce
– Copy
– Publish
– Sell or
– Distribute
their artistic work
The period of cover is the lifetime of the owner and 50 years preceeding the life of the owner.
Related Rights:
These depend on the existence of copyrighted work and are given to:-
Parties that record works of artistes ie studios
Music promoters
Broadcasters
Publishing houses and parties associated with the copyrighted work.
The duration of the Related Rights is shorter than that of the copyrighted work
Geographical Indications Act Cap 26:06
• Confers exclusive rights to owner to use a
distinctive
– Mark
– Sign or
– Name
which uniquely identifies a product or service
registered by owner.
renewable for an indefinite period as long as the
renewable fees are paid in time.
Layout Designs & Integrated Circuits
(IC) Act Cap 26:07
• Confers exclusive rights to owners of IC’s to
manufacture or otherwise transfer or dispose
in line with the provisions of the Trade and
Related Intellectual Property (TRIPS)
Agreement.
The period of cover is a 20 year period
Uniforms and Badges Act Cap 10:01
• Confers exclusive rights to members of a group,organisation,
union or corporation a unique identification of their product(s)
during their day to day operations.
• The rights prohibit copying , manufacture or use of similar
identifying marks as may confuse the public with respect to their
respective identities.
• Badges means any token, design, insignia or emblem other than a
heraldic representation
• coat of arms” means any design, object or figure, being a symbolic
representation displayed in colours and in conformity with the
principles and rules of heraldry
The rights are for the period until cancelled by the Registrar or Patents
Tribunal.
Plant & Animal Breeders Act Cap
18:16
• Confers exclusive rights to members of an agricultural
group ,organisation, union corporation a research
group protection over their product(s) or formulations
and unique identifying marks.
• The rights prohibit copying ,reverse engineering,
manufacture or use of similar identifying marks as
may confuse the public with respect to their
respective identities.
The rights are for the period until cancelled by the Registrar
or Minister.
Local, Regional and International IP
Offices
• Zimbabwe Intellectual Property Office(ZIPO) with offices in Nelson Mandela
Avenue responsible for local IP administration.
• African Regional Intellectual Property Office (ARIPO) a 19 member Southern
African Regional Office comprising mainly of English speaking countries (except
South Africa) with offices in Belgravia Avondale Harare.
• African Intellectual Property Organisation (OAPI) is the Franco Phone equivalent
for ARIPO which was originally intended for the Anglophone states in Africa.
• European Patent Office (EPO) for European countries
• European Union Intellectual Property Office for the European Union (EU) member
states.
• United States Patent and Trade mark Office (USPTO) for the United States.
• Intellectual Property office of Asian Nations (ASEANPO) for Asian Nation.
• World Intellectual Property Office (WIPO)- a United Nations Organisation with 193
member countries world wide is the headquarters of IP all organisations with its
head office in Geneva Switzerland.
Regulatory Framework
• Different IP regulatory organisations have different
laws regulating IP
• In Zimbabwe, the Intellectual Property Act Chapters
26 :01-08 regulates IP as well as Plant Breeders Act
CAP 18:16 and Uniforms and Badges Act CAP 10:01
• The December 1976 Lusaka Agreement for ARIPO
• The Paris Convention for the Protection of Industrial
Property (1883) and The Berne Convention for the
Protection of Literary and Artistic Works (1886)
treaties formed the basis of the legal framework for
(WIPO).
IP in Zim, Africa and the World
• Zimbabwe Property Office (ZIPO) or Deeds Office in Nelson
Mandela which falls under the Ministry of Justice .
• African Regional Property Office (ARIPO) in Belgravia Harare is the
Regional Office for 19 member countries in Southern and Central
Africa. These are mainly English Speaking countries(Anglophone)
excluding South Africa
• OAPI representing former French speaking countries in
Southern and Central Africa.
• World Intellectual Property Office (WIPO) is the global head office
and has its headquarters in Geneva Switzerland.
• WIPO is a United Nations organisation with 193 member
countries throughout the world.
• ZIPO, ARIPO and OAPI are all affiliated to WIPO

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INTELLECTUAL PROPERTY IN ZIMBABWE

INTELLECTUAL PROPERTY categories

IP is divided into two categories

• Industrial Property: includes patents of

The Chief Registrar of Deeds and Companies

• Protection of IP in Zimbabwe is mainly contained in the

-Industrial Designs Act(Chapter 26:02)

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