INSTITUTE OF ACCOUNTANCY ARUSHA (IAA)
MODULE NAME: SOCIAL ETHICAL ISSUES IN COMPUTING
MODULE CODE: ITU 08210
PROGRAMME: BCS III
FACILITATOR:SENGATI (Mr. F)
ACADEMIC YEAR: 2017/2018
CHARLES, DOTTO BCS/0187/T2015
(a) Intellectual Property is the name given to legal right which protect creative work, inventions and commercial goodwill.
Intellectual property Right are the Right designed to provide remedies against those who misuse or steal the product of another person’s ideas or work.
(b)A summary of the major laws that regulate/govern the Intellectual Property Right
Copyright law is the law which deal with legal concept that defines right to a certain types of Intellectual Property. Copyright law protect creative works such as books, articles, plays, songs (music and lyrics), works of art, movies, software and videos. The copyright in Tanzania is governed under the copyright and Neighboring Rights Act, No.7 of December 1999.
Patents law is an exclusive right granted for an invention, which is a product or a process that provides, in general, a new way of doing something, or offers a new technical solution to a problem .The Patents in Tanzania is governed under the Patents Act, N0.1, 1886 which signed on 3/April/1886
Trade Marks law is the law which govern the use of words, symbols, phrase and design which identifies and distinguishes the source of the goods of one part from those of other. The Trade Marks is governed under Trade and service Mark Act No.12 of 1886.
Law of Confidence is law that deal with the protection of personal information and is derived from Case laws, it protect trade secret, business and information such as list of clients and contracts
The law is govern under Tanzania intelligence and security service Act, 1996.
Design Right law is the law that govern the monopoly right for the appearance of the whole or part of the product resulting from the features of the particular ,the line, colors, shape, texture, materials of the product.is under the ordinances of 1936,cap 219 and it is steal governed by the old Design Act of UK.
Passing off is the that derived from Common law and gives a right of action against anyone who passes off his goods or service as being those of someone else
Is governed under Trade and service Marks Act 1986.
(c)A list of international agreement for the protection of Intellectual Property Right to which Tanzania has ratified.
World Intellectual Property Organization(WIPO)
World Trade Organization(WTO)
African Regional Industrial Property Organization(ARIPO)
(d)Registration process and protection of Intellectual Property Right.
Copyright is registered through the registration form after the form filled well the copyright administrator search the registered work after receiving the form and after that the administrator can accept or reject the application of the applicant. Tanzania copyright is protected under the copyright and Neighboring Right Act chapter 218(Received Edition 2002)
Patents Right; in section 18 to 30 of the patents Registration Act, cap 217 provides the ground of the patents registration in Tanzania. The patents is protected under the Patent Cooperation Treaty (PCT) which concluded in 1970, the protection duration is 20 years and after that become the public domain.
Trade Marks Right is registered under Trade and Service Marks Act, 1986 and the trade and service Mark regulation. Tanzania the registration of trademarks is administered by the Business Registration and Licensing Agency (BRELA). Registration of a trademark is for a period of seven years and may be renewed for further periods of ten years in perpetuity
Design Right in Tanzania is protected under Act, 2008 and there are no local requirement for registration of design in Tanzania Mainland, in Zanzibar the procedure for registration of industrial design is prescribed under the Zanzibar industrial properties regulation 2014.The protection of design is under ARIPO for any design which are new and have individual character.
Law of confidence is registered under WIPO and also protected through patent law.
Passing off Right is common law tort which can be used to enforce unregistered Trade Mark and is registered through the Trade Mark law. Passing off is protected under common law.
(e)Rights and duties of the intellectual property right holder in Tanzania
The Fair Competition Commission (FCC) is a Public Institution established by virtue of section 62(1) of the Fair Competition Act, No.8 of 2003 (FCA) with the aim of promoting and protecting effective competition in trade and commerce and protecting consumers from unfair and misleading market conduct.
To promote and protect effective competition in markets and protect consumer from unfair and misleading market conduct.
http://www.competition.or.tz/A Gift of Fire, Social, Legal, and Ethical Issues for Computing Technology fourth edition