INFORMATION TO GENERAL PUBLIC ON ISSUANCE OF BUSINESS LICENSE UNDER THE BUSINESS ACTIVITIES REGISTRATION ACT, NO 25 OF 1972

INFORMATION TO GENERAL PUBLIC ON ISSUANCE OF BUSINESS LICENSE

UNDER THE BUSINESS ACTIVITIES REGISTRATION ACT, NO 25 OF 1972

The Ministry of Industries and Trade wishes to inform the general public especially the business community in Tanzania, that the new system of issuance of business licenses has been established and the implementation started on the 1st day of July, 2013. The new system is in accordance with the Finance Act, 2011, which re -introduced charges/fees on issuance of

Business licenses every year (annually). Due to the above changes, issuance of business licenses WITHOUT payment of fees has been cancelled effective from 30 June, 2013. The business community is notified that all business licenses which were issued between July, 2004 and June, 2013 and which have no expiry date (permanent business licenses) should be returned to the relevant licensing authorities for the issuance of new licenses upon payment of the prescribed fees. The business community is notified further that, the new system is in accordance with the

Business Licensing Act, 1972 as prescribed in the Business License Application Form TFN 211

REV: 2004 the issuance of Business Licenses have been divided into two categories: Category A: Business Licenses which are issued by the Ministry of Industries and Trade Licensing Authority, and Category B: Business licenses which are issued by the Municipal Councils

[Local Government Authorities] In addition, holders of business licenses are required to renew all their business licenses before or on the 31st day of December, 2013. Any delay of renewing any business license which was issued before the new system will be penalized as provided under the Business Licensing Act, and the relevant Regulations effective from 01st day of January, 2014. The penalty for failure or delays on payments of the renewal license fees is 37 percent of the chargeable fee and will increase by 2 percent on monthly basis up to 47 percent by June, 2014.

Also, the fine/penalty for conducting business activities without having a valid business license

is Tshs. 100,000/= for all business under Category A, and Tshs. 50,000/= for Category B.

The ministry will conduct inspection to all businesses in all regions in Tanzania Mainland and legal measures in accordance with the licensing laws will be taken against those who will be found conducting business without having a valid business license issued under the new system.

MORE INFORMATION CAN BE OBTAINED VIA THE BELOW ADDRESSS;

The Permanent Secretary,

Ministry of Industries and Trade

P.O.Box 9503

Dar es Salaam.

Telephone: +255 22 2129111/3

Fax: +255-22-2125832

Please note that this notice has been translated by NexLaw Advocates from a notice which was published in Kiswahili in Mwananchi News Papers dated July 29, 2013. NexLaw Advocates assumes no responsibility in case of any inconsistencies with the original Swahili version.

Recipients are advised to read the original notice. For the fee rates of business licenses, you may contact our offices.

NexLaw Advocates,

4th Floor, PPF Tower,

Tel. 022 213 5677,

P. O. Box 75578, DAR ES SALAAM

info@nexlawadvocates.com.

India Joins the International Trademark System

Geneva, April 8, 2013

PR/2013/734

India’s Minister for Commerce and Industry Anand Sharma today deposited his country’s instrument of accession to the Madrid Protocol for the International Registration of Marks at WIPO, bringing the total number of members of the international trademark system to 90. The treaty will enter into force with respect to India on July 8, 2013. The Madrid System for the International Registration of Marks (Madrid system) offers trademark owners a cost effective, user friendly and streamlined means of protecting and managing their trademark portfolio internationally.

Minister Sharma (center) presents to Mr. Gurry India’s instrument
of accession to the Madrid Protocol (Photo: WIPO/Berrod)

Minister Sharma said “We recognize that this instrument will provide an opportunity for Indian companies, which are increasing their global footprint, to register trademarks in member countries of the Protocol through a single application, while also allowing foreign companies a similar dispensation.”

WIPO Director General Francis Gurry welcomed India’s accession, noting that “India’s accession to the Madrid system is a major milestone in bringing us closer to transforming the Madrid System into a system with truly global reach.” He noted that “India’s participation in the Madrid system gives brand owners around the world the ability to extend their protection to the important Indian market, through a single, simplified and cost-effective procedure.”

India is the 14^th of the G-20 economies to accede to the Madrid Protocol. Mr. Gurry said “India’s accession to the international trademark system, as with the recent accessions by Colombia, Mexico, New Zealand and Philippines, signals an era of significant geographical expansion of the Madrid system, which offers greater benefit to right holders worldwide.”

The Madrid system is equally attractive to large businesses as well as small and medium-sized enterprises, which are the largest users of the system. In the midst of current global economic conditions, the Madrid system has shown signs of strength, evidence of its advantages in protecting trademarks internationally. 2012 saw the highest number of international trademark applications ever filed under the Madrid system, with 44,018 applications, or a 4.1 % increase compared to 2011. Furthermore, a record number of 41,954 international registrations were recorded.

Mr. Sharma also took part in a high level policy dialogue at WIPO, where he spoke on the subject “Innovation and Development: The Indian Experience.” Members of the Geneva diplomatic community, including ambassadors, took part in the dialogue.

Background

Under the WIPO-administered Madrid system, a trademark owner may protect a mark in up to 88 countries plus the European Union with its Community Trade Mark (CTM) by filing one application, in one language (English, French or Spanish), with one set of fees, in one currency (Swiss Francs). Applicants wishing to use the Madrid system must apply for trademark protection in a relevant national or regional trademark office before seeking international protection. An international registration under the Madrid system produces the same effects as an application for registration of the mark in each of the contracting parties designated by the applicant.

If protection is not refused by the trademark office of a designated contracting party, the status of the mark is the same as if it had been registered by that office. Thereafter, the international registration can be maintained and renewed through a single procedure. Thus, the system provides a cost-effective and efficient way for trademark holders to secure and maintain protection for their marks in multiple countries.

Trademarks are a key component of any successful business marketing strategy as they allow companies to identify, promote and license their goods or services in the marketplace and to distinguish them from those of their competitors, and cement customer loyalty. A trademark symbolizes the promise of a quality product and in today’s global and increasingly electronic marketplace, a trademark is often the only way for customers to identify a company’s products and services. Trademark protection hinders moves to “free ride” on the goodwill of a company by using similar distinctive signs to market inferior or similar products or services. Loss, dilution or infringement of a high-value trademark could prove devastating to a business.

The international trademark system is governed by two treaties, namely, the Madrid Agreement Concerning the International Registration of Marks (1891) and the Madrid Protocol Relating to the Madrid Agreement Concerning the International Registration of Marks (1989).

For further information, please contact the Media Relations Section at WIPO:

• Tel: (+41 22) - 338 81 61
• Fax: (+41 22) - 338 81 40

Source; WIPO Website.

PARTICIPATION

NexLaw actively participated in the IT and Communications Summit held on 8th-9th March, 2010 at Diamond Jubilee Hall ,Dar es salaam Tanzania. Its pavillion attracted the interests of many participants ,including the Deputy Minister for Communication, Science and Technology, Hon .Dr. Maua Daftari.

NexLaw Patner ,Mr Saudin Mwakaje presented a paper on "Intellectual Property Rights in an era of Digital Revolution" in the IT and Communication Summit held on 8th-9th March ,2010 at Diamond Jubilee Hall in Dar es salaam,Tanzania.