Chief Justice seeks fair, efficient intellectual property justice administration

BY FAUSTINE KAPAMA
Judiciary

THE Chief Justice of Tanzania, Hon. Prof. Ibrahim Hamis Juma has urged Judges and Magistrates toadminister intellectual property justice matters efficiently, fairly and consistently in second quarter of the 21st Century.
The Chief Justice of Tanzania, Hon. Prof. Ibrahim Hamis Juma addressing participants to the judicial colloquium on Copyright, Trademarks and Case Management being held at Mwalimu Julius Nyerere International Conventional Centre in Dar es Salaam.

Prof. Juma made such a call today dated June 26, 2024 at Mwalimu Nyerere International Conference Centre in Dar es Salaam while inaugurating the two-day Judicial Colloquium on Copyright, Trademarks and Case Management, which has been organized jointly by the World Intellectual Property Organization (WIPO) and the Judiciary of Tanzania.

“We all agree that the 21st Century is fast-paced, with so many new frontiers requiring judiciaries to keep pace. There is no doubt that, in the coming years, intellectual property litigation will continue to break new boundaries,” he said.

The Chief Justice pointed out that driven by rapidly changing modern technologies and artificial intelligence, the second quarter of the 21st Century will witness frontier-breaking creations and innovations.

Hon. Prof. Juma said that judiciaries will increasingly be relied upon to protect the intellectual property rights of the creators, inventors and innovators. He entirely agreed with those like Francelina Perdomo Klukosky, Software Startup lawyer, who insist that protecting intellectual property is a 21st-century must-do dream of success.
The Chief Registrar of Judiciary of Tanzania, Hon. Eva Nkya gives some preliminary issues before the official inauguration of the judicial colloquium.

The Chief Justice pointed out that as Tanzania moves towards an upper-middle-income status, the need for more robust protection of intellectual property rights grows.

“The judiciary has witnessed a notable increase in IP-related disputes, reflecting the growing awareness and utilization of IP rights. This trend underscores the need for Judges, Magistrates, and a judicial system that can respond swiftly and fairly to IP infringement cases,” he said.
A section of of participants.

Hon. Prof. Juma was delighted that judges and magistrates who successfully pursued the General Distance Learning Course on Intellectual Property offered by the WIPO Academy are participating in this colloquium.

For instance, he said, WIPO Academy enrolled Justice Stephen Murimi Magoiga in the Distance Learning General Course on Intellectual Property for Judges from 12 September 2023 to 06 November 2023.
Deputy High Court Registrar and World Intellectual Property Organization (WIPO) Coordinator, Hon. Upendo Ngitiri speaking during the session.

“Justice Dr. Paul Kihwelo of the Institute of Judicial Administration and Deputy High Court Registrar Upendo Ngitiri have always kept me up- to-date with attendance by Tanzanian judges and magistrates in judicial seminars on copyright, trademarks and alternative dispute resolution, which WIPO offered,” he said.

The Chief Justice also explained that the Judiciary of Tanzania has begun to enjoy benefits from its exceptional cooperation with WIPO as integrating the Judiciary of Tanzania website and WIPO Lex expanded the Intellectual Property legal materials for decision-making by Judges and Magistrates of Tanzania.
A section of of participants.

He pointed out that WIPO operates WIPO Lex, a worldwide database that provides access to intellectual property court decisions, laws and judicial systems of various jurisdictions accredited by the WIPO.

“Lawyers, law students, Judges and magistrates in Tanzania can easily search intellectual property court decisions, statutes and judicial approaches to intellectual property matters from various jurisdictions,” Hon. Prof. Juma said.
Judges of the High Court of Tanzania following proceedings of the judicial colloquium.

The Chief Justice thanked WIPO for empowering judges and magistrates to effortlessly search and reference court decisions, thus enhancing their adjudications' quality and consistency.

Hon. Prof. Juma acknowledged initiatives and support in intellectual-property- oriented projects beneficial to the United Republic of Tanzania, which WIPO has undertaken since Tanzania joined WIPO in 1983.

He said that the colloquium was a testament to the belated engagement which started with the Memorandum of Understanding (MoU) signed by the Judiciary of Tanzania and WIPO in 2021. The Chief Justice thanked WIPO Director General, Daren Tang, for formally inviting the Judiciary of Tanzania.

“This brings back fond memories of the visit by our judiciary delegation, led by the Principal Judge, Hon. Mustapher Mohamed Siyani, to WIPO Headquarters in Geneva November, 2023 a visit that led to remarkable achievements and fruitful engagements,” he said.
The Principal of Institute of Judicial Administration (IJA) and Court of Appeal Justice, Hon. Dr. Paul Kihwelo giving some introductory remarks before welcoming the Chief Justice to address the judicial colloquium.

On his part, the Principal of Institute of Judicial Administration (IJA), Hon. Dr. Paul Kihwelo, conveyed the judiciary’s appreciation to WIPO for their commitment in such undertaking that has brought together judges from England, Kenya and Tanzania as well as Deputy Registrars and Magistrates from the Judiciary of Tanzania.

Hon. Dr. Kihwelo, who is also Tanzania Court of Appeal Justice, said that they have been doing that for quite some time, as there was a training held in Tanzania and there another distance learning of which Tanzania is the second in the World in terms of participation in the WIPO distance learning courses, while the first country is Egypt.

“We have been doing a lot in terms of virtual training in Tanzania and judges and magistrate have been actively participating. The first training related to intellectual property, where High Court Judges, Hon. Dr. Theodora Nemboyao Mwenegoha and Hon. Dr. Ubena John Agatho were among the facilitators,” Hon. Dr. Kihwelo said.
A section of of participants.

Speaking after the inauguration session, the Chief Registrar of Judiciary of Tanzania, Hon. Eva Nkya, told journalists that the holding of the Judicial Colloquium in Tanzania is one of the efforts made by the judiciary to strengthen the provision of justice in Intellectual Property Rights, Trademarks and Management of Disputes.

She said that the purpose of the Judicial Colloquium is to discuss various topics aimed at building the capacity of Judges and Magistrates in dealing with matters related to intellectual property. During the two-day Judicial Colloquium, various topics will be presented by expert facilitators who specialize in these areas.
A section of of participants.

For the past five years, the Judiciary of Tanzania has made great strides in improving the provision of justice in the area of ​​Intellectual Property matters in collaboration with the World Intellectual Property Organization (WIPO).

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