Jurisdictional issues in intellectual property disputes in Zimbabwe
Author Charlene Musiza
Affiliations: PhD Candidate Department of Commercial Law, Intellectual Property Unit Faculty of Law, University of Cape Town
Source: South African Intellectual Property Law Journal, 2019, p. 99 – 115
This article discusses the various approaches to the resolution of intellectual property disputes in use across the world, with specific reference to Zimbabwe’s approach. A country decides whether IP disputes are best resolved in generalist courts or specialised courts. There is a trend toward setting up specialised courts to adjudicate disputes for specific IP rights; these can be courts of first instance or appellate courts. In 2017, Zimbabwe established the Intellectual Property Tribunal as a specialised division of the High Court. The Intellectual Property Tribunal Act (Chapter 26:08) provides the jurisdiction of the tribunal. The challenge, however, is that the statutes regulating the different IP rights also contain jurisdictional provisions. The situation can create challenges in the resolution of IP disputes.