Graphics designer infringes trademarks
There is a smart graphics designer in town who specializes in copying and infringing trademarks. What he does is directly copies trademarks that are well known to make logos for his clients without the client knowing this. The logos are well packaged and expensively priced. Is this not an offence?
PP, Mwanza
Apart from contravening the Trade and Services Marks Act of Tanzania, the graphics designer might also be committing a criminal offence under the Cyber Crimes Act of 2015.
Section 24 of the Act states that (1) A person shall not use a computer system with intent to violate intellectual property rights protected under any written law. This law further states that a person who contravenes subsection (1) commits an offence and in case the infringement is on (a) non-commercial basis, is liable to a fine of not less than five million shillings or to imprisonment for a term of not less than three years or both; or (b) commercial basis, is liable to a fine of not less than twenty million shillings or to imprisonment for a term of not less than five years or to both, in addition, be liable to pay compensation to the victim of the crime as the court may deem just.
A trademark is a type of intellectual property that consists of a recognizable sign, design, or expression which distinguishes products or services of a particular source from those of others. Trademarks can be based on words, phrases, symbols, logos, or a combination thereof. Trademarks are some of the most fiercely guarded intellectual assets of a company that have resulted in various innovations because of the protection they come with when registered. Many companies manage IP rights like financial assets because of the rewards that come with such rights and thus the violation by this graphics designer has serious consequences.