Recently the High court of Tanzania developed a new principle to cure the gaps under section 31 and 32 of the Trade and Service Marks Act. The decision aimed to extend the scope of the two sections of which should be interpreted to substantiate the justice between the parties and not to embark miscarriage of justice. A proprietor cannot claim exclusive right of the mark prior registered if the mark registered is confusing similar to the mark widely used and known trade mark while aware about the existence of the same.
Overall, Kenya and South Africa are two of the biggest and most innovative economies on the continent. Since 2014, Kenya has been ranked as a lower middle income country because its per capita GDP crossed a World Bank threshold. While Kenya has a growing entrepreneurial middle class and steady growth, South Africa is an upper middle-income emerging market with an abundant supply of natural resources; well-developed financial, legal, communications, energy, and transport sectors; and a stock exchange that is Africa’s largest and among the top 20 in the world.
In Nigeria, under the Trade Marks Act (TMA), a Trademark Licence Agreement may be registered by the licensee and the registered proprietor. The Trade Marks Act does not use license but describes it as a “right of use” or "permitted use" of a trademark. In the TMA such license agreement are known as the Registered User Agreement.
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