This article seeks to cover the principles and practice of courts in Tanzania when assessing damages in trade mark infringement cases.At present this article is only available to subscribers to the online version of JIPLP; the print version has yet to be released. Meanwhile, it remains possible for even non-subscribers to purchase short-term access to the article via the JIPLP website, here.
The article also covers the various remedies available to the rights holder following trade mark infringement, including an equitable injunction to prevent the other party from continuing to use the infringing mark, an account of profit, withdrawal of goods bearing the infringing trade mark from the market and their disposal outside the channels of commerce in such a manner as to avoid any harm to the rights holder or, unless this would be contrary to existing constitutional requirements, destroyed.
This article places special emphasis on Tanzanian court practice regarding damages for trade mark infringement, as well as the relevant principles.
JIPLP, a peer-reviewed monthly journal published by Oxford University Press, is always happy to receive articles for publication on issues relating to IP law and practice in Africa. To get an idea of the articles and current intelligence notes published on Africa and Africa-related topics since its launch in 2005, check out the journal's archive here.