By Our NEWS REPORTER- Judiciary of Tanzania, Switzerland
The World Intellectual Property Organization (WIPO) held the WIPO Intellectual Property (IP) Judges Forum on 15th and 16th November 2023 at its headquarters in Geneva, Switzerland. The Forum was attended by more than three hundred judges from various jurisdictions across the World.
The Judiciary of Tanzania was represented by his Lordship the Principal Judge of the High Court of United Republic of Tanzania, Hon Mustapher M. Siyani and Hon. Judge Wilbert Chuma. Other Judicial Officers who attended the forum were Hon. Aidan Mwilapwa, Deputy Registrar, Resident Magistrate Jovin Bishanga and Resident Magistrate Upendo Ngitiri.
During the inauguration of the WIPO IP Judges Forum, the WIPO Director General, Mr. Daren Tang stated that over 20 million Intellectual Property applications were filed around the world last year, at the same time the technology development has accelerated. He added that all these have led to the growing number of IP disputes and that, Judges played a seminal role in the resolution of these disputes and also in the development of IP jurisprudence as well as the vibrancy of innovation ecosystems around the world.
Mr. Daren Tang, remarked that Courts are on the frontline of digital transformation, moving faster than the national legislation, in dealing with disputes that are not only shaping the development of innovation and ecosystems but also the development of economies and societies.
One example is how Artificial Intelligence (AI) and IP-related, litigation have been brought before many different courts in both developed and developing countries. He stated further that, WIPO supports various Judiciaries through the WIPO Judicial Institute and he is particularly happy that, they are working closely with the Judiciary of Tanzania, and that he looks forward to working with other Judiciaries, to strengthen the Judicial activities in the area of IP.
He acknowledged that this year WIPO has added significant decisions from Nigeria, Singapore, the United Kingdom, and the Court of Justice of the European Union, WIPO Lex has made their IP Jurisprudence available to everyone everywhere, as a way to be alive and share the example how to build IP skills and knowledge.
In the area of Judicial capacity building, he emphasized the importance of holding forums, which is an opportunity for judges from around the world to come together, share best practices, build relationships, and support one another as a community that addresses common challenges, this is the convening power of WIPO in action, committed to using it to foster cross-border judicial dialogue and camaraderie. He specifically recognised the unique relationship between WIPO and the Judiciary of Tanzania.
He said; “I want to share the story in this regard with our colleague from Tanzania. Back in 2019, we started working and collaborating with the Judiciary of Tanzania, through Resident Magistrate Upendo Ngitiri, whom we are pleased to be present here today, every journey to the summit started with a single step, our team together with Magistrate Ngitiri did a remarkable job by quickly identifying various areas we could work together, and finally in 2021, we signed a comprehensive agreement with our Tanzania partner that led to the development of a Compendium of IP laws and judgments, and participation of 250 local Judges in Distance learning Course, including virtual colloquium as far this year is concerned.
We are therefore very honored this year, to have with us the Senior Eminent Judges from United Republic of Tanzania led by the Principal Judge of the High Court, Honorable Mustapher M. Siyani”.
Mr. Daren Tang, emphasized that WIPO wishes to build more partnerships around the World. He observed that WIPO IP Judges Forum can be an important opportunity to generate ideas on how WIPO can support the Judiciaries.
In her part Ms. Eun-Joo Min, Director, WIPO Judicial Institute, provided the Forum with an overview of the work undertaken by WIPO to support the Judiciaries. She stated that WIPO works in four areas; one is judicial experience exchange through global connections among judges with a deeper level of IP expertise and partnering with national Courts, education, resources, and WIPO Lex judgment database.
She further stated that, “In the area of education, I would not go into more detail but I like to give just a few detail about what was mentioned by the Director General in his opening remarks, what we have built with the Judiciary of Tanzania, because I hope it is an experience we can replicate in other countries. It is a story about our relationship with Tanzania which started in 2018. We met with Magistrate Upendo Ngitiri, I hope she is in this room, She built interest to attend a Training Programme in Sweden, sponsored by the Swedish government, which she attended together with participants from different countries, and In 2019 she organized the workshop in her country and convinced the Judiciary to sign a Memorandum of Understanding (MoU) with WIPO in 2021.
The MoU indicated that, there will be different multi-packages starting with the Distance Learning Course for Judges. Sixty-six judges and Magistrates attended the first Distance Learning Course in 2022, thereafter we did a virtual colloquium on Trademarks, Copyrights, and Mediation targeting Tanzania, whereby one hundred and fifty Judges and Magistrates attended. This year we had one hundred and ninety-two additional judges and Magistrates who attended the training through Distance Learning and WIPO Arbitration, the Mediation Center provide the Online administration case tools, and so forth. So, this is a kind of education we can provide to other Countries”.
Besides that, the forum fostered transnational dialogue and highlighted the importance of protecting IP and building judicial capacity. Judges deliberated various cross-cutting issues such as emerging Issues in Trademarks, Industrial Designs and Geographical Indications, Artificial intelligence, Decision Making, Intellectual Property and Competition Issues, Generative Artificial Intelligence, the Metaverse and Intellectual Property Infringement, Rules of Evidence in Intellectual Property Litigation, Simplified or Fast Track Procedures for Certain Intellectual Property Claims and Court Referred Mediation Mechanisms available for Intellectual Property Disputes.
After the Annual Judges Forum, Mr. Daren Tang invited His Lordship the Principal Judge, to attend a special meeting. During the said meeting he conveyed a special message to the Principal Judge and requested him to transmit to the Chief Justice of United Republic of Tanzania. Hon. Professor Ibrahim Hamis Juma.
Mr.Daren Tang Director General , World Intellectual Property Organization.
Mr. Daren Tang, Director General, World Intellectual Property Organization and His Lordship Hon. Mustapher Siyani, the Principal Judge of the High Court of the United Republic of Tanzania.
From left is Hon. Mustapher Siyani, the Principal Judge of the High Court of the United Republic of Tanzania, Dr. Marco Aleman, Assistant Director General of WIPO, IP and Innovation Ecosystem Sector, Ms. Upendo Ngitiri, Senior Resident Magistrate and Hon. Wilbert Chuma, Judge of the High Court of Tanzania.
Dr. Marco Aleman, Assistant DirectorGeneral of the World Intellectual Property Organization, Hon. Mustapher Siyani, Principal Judge of the High Court of the United Republic of Tanzania, with WIPO Officials and Judicial Personnel from the Judiciary of Tanzania.
Judges from various jurisdiction and Judicial personnel from the Judiciary of Tanzania.
(Photo by Emanuel Berrod-WIPO)
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