The Intellectual Property Tribunal of Zimbabwe

The Intellectual Property Tribunal in Zimbabwe is regulated by the Intellectual Property Tribunal Act [Chapter 26:08]. In terms of section 5 of the Judicial Laws Amendment (Ease of Settling Commercial and Other Disputes) Act, 2017, the Intellectual Property Tribunal is a specialised division of the High Court of Zimbabwe.

The Intellectual Property Tribunal Act [Chapter 26:08] came into operation on the 10th September 2010 following the promulgation of the Date of Commencement: Intellectual Property Tribunal Act [Chapter 26:08] (No. 5 of 2001) through Statutory Instrument 152 of 2010.

Section 3 of the Intellectual Property Tribunal Act [Chapter 26:08] provides for the jurisdiction of the Intellectual Property Tribunal of Zimbabwe. see also C Musiza, ‘Jurisdictional Issues in Intellectual Property Disputes in Zimbabwe’ (2019) South African Intellectual Property Law Journal 7(1): 99 – 115.

The Intellectual Property Tribunal has jurisdiction in Zimbabwe to hear and determine applications, appeals and other matters in respect to the following enactments:

Copyright and Neighbouring Rights Act [Chapter 26:02]

Geographical Indications Act [Chapter 26:06]

Integrated Circuit Lay Out Designs Act [Chapter 26:07]

Industrial Designs Act [Chapter 26:02]

Patents Act [Chapter 26:03]

Trade Marks Act [Chapter 26:04]

The first case to be decided by the Intellectual Property Tribunal of Zimbabwe was Lion Match (Pty) Ltd v Lion Match Zimbabwe Ltd 2019 (2) ZLR 367 (H) which decision was handed down on the 29th May 2019. The second case to be decided by the Intellectual Property Tribunal of Zimbabwe was that of Bayer Aktiengesellschaft v Millborrow Animal Health (Zimbabwe) (Pvt) Ltd 2019 (2) ZLR 378 (H) which case was also heard and decided on the 29th May 2019.

Recently the High Court sitting as the Intellectual Property Tribunal had occasion to determine the case of Bayer Aktiengesellschaft v Millborrow Animal Health (Zimbabwe) (Pvt) Ltd HH 04-25 whose decision was set aside in its entirety by the Supreme Court in Millborrow Animal Health (Zimbabwe) (Pvt) Ltd v Bayer Aktiengesellschaft SC 126-25.