TANZANIA’S PRINCIPAL JUDGE DR. MUSTAPHER SIYANI SHARES JUDICIAL INSIGHTS AT 2025 WIPO INTELLECTUAL PROPERTY JUDGES FORUM

By UPENDO NGITIRI-Judiciary of Tanzania, Switzerland

The World Intellectual Property Organization (WIPO) held the 2025 WIPO Intellectual Property Judges Forum on 14th and 15th October 2025 at its headquarters in Geneva, Switzerland.

The forum brought together over 500 judges from various jurisdictions across the globe, providing a platform for sharing experiences, exchanging expertise, and fostering cross-border judicial dialogue on pressing intellectual property issues.

Hon. Dr. Mustapher Siyani, Principal Judge of the High Court of Tanzania and a newly elected member of the WIPO Advisory Board of Judges, was among distinguished esteemed   jurists invited to share judicial experiences from their respective jurisdictions at the forum.

The discussions at the forum covered a wide range of topics, including judicial protection of well-known marks, digital and cross-border evidence, industrial designs, pharmaceutical patents, copyright and related rights, personality rights, calculation of damages in civil proceedings, and criminal enforcement. Each session was presented by a panel of eminent jurists carefully selected by WIPO.

Hon. Dr. Siyani, who served as a panellist in Session 7, delivered a compelling presentation on Tanzania’s judicial approach on calculation of damages in intellectual property disputes. He observed that while damages are recognized as a legal remedy under Tanzanian law, there is no codified formula for their calculation. Drawing on Tanzanian jurisprudence, he deliberated the notable case of Tanzania-China Friendship Textile Company Limited v. Nida Textile Mills (T) Ltd., Civil Case No. 106 of 2020 where the Court awarded general damages for copyright infringement but declined to award specific damages due to lack of evidence directly linking the claimed specific damages and the infringement. The Court also denied the claim for the infringer’s profits, as it was not properly pleaded and proven.

 

Hon. Dr. Siyani underscored that general and specific damages are the two primary categories of damages awarded in IP disputes in Tanzania. He emphasized that, although there is no fixed formula in calculation of damages, courts have developed a flexible, case-by-case approach guided by judicial precedents. He further clarified that specific damages must be specifically pleaded and strictly proven, while general damages require proof of ownership and infringement and are awarded at the court’s discretion.  However, he noted that reliance on judicial discretion can lead to inconsistency and unpredictability, even when different judges are presented with the same facts. To mitigate this, he remarked that statutory damages,which establish defined ranges for awards in IP disputes,could serve as an effective means of ensuring fairness, consistency, and predictability. Currently, Tanzanian law does not provide for such damages.

In the same session, Hon. Justice Dedar Singh Gill of the Supreme Court of Singapore shared Singapore’s approach in assessing damages under the Trademark Act, which allows for statutory damages in infringement cases. He described that damages are assessed within a defined range after considering factors such as the flagrancy of the infringement, losses suffered by the claimant, benefits gained by the defendant, and the need for deterrence.

He also outlined the Canadian method used to quantify damages in counterfeit goods cases, where damages are assessed per incident of infringement and vary depending on the nature of the infringer. Canadian law specifies different amounts payable in situations such as when the defendant operates from temporary facilities (flea markets), conventional retail premises (stores), or as a manufacturer, importer, or distributor of counterfeit goods.

 

Hon. Justice Dr. Nehad Alhusban of the Supreme Court of Jordan also shared Jordan’s approach on calculation of damages in IP disputes under its Copyright Protection Law, where material damages are determined based on two essential elements: actual losses and loss of profits.

Other distinguished jurists who contributed in Session 7 included Judge Woo Sungyop, Presiding Judge of the IP High Court of Korea, and Judge Jean Gayet, Presiding Judge of the Third Section, Court of Paris, France.

Beyond the rich judicial dialogue, Ms. Eun-Joo Min, Director of the WIPO Judicial Institute, presented an overview of WIPO’s work with Judiciaries. Ms. Eun- Joo Min highlighted various activities undertaken by WIPO Judicial Institute in collaboration with the judiciaries across the globe. She  acknowledged   the Judiciary of Tanzania for its exemplary collaboration with WIPO, highlighting several key achievements attained  under the longstanding  strong partnership .The  Achievement highlighted  in the forum  includes development of customized judicial training materials, participation of  great  number of Tanzanian judicial officers in judicial capacity-building programs such as the General Distance Learning Course for Judges, Judicial Colloquiums held in Tanzania, and the WIPO Annual Judges Forum, publication of Tanzanian judicial decisions on WIPO Lex, adoption of WIPO’s online mediation tools, and appointment of Hon. Dr. Siyani, Principal Judge of the High Court of Tanzania to the WIPO Advisory Board of Judges.

During the second day of the forum, WIPO officially announced the newly elected WIPO Advisory Board of Judges. The Advisory Board provides practical and technical advice to WIPO on matters related to the judicial administration of intellectual property worldwide. The Principal Judge of the High Court of Tanzania and other nine eminent Jurist appointed to join the board was announced to be the member of the WIPO Advisory Board of Judges. His appointment marks an important milestone, highlighting Tanzania’s growing role in global judicial cooperation.

The 2025 WIPO Judges Forum, which ended on 15th October 2025, has reinforced the Judiciary of Tanzania’s position as an active and respected voice in the global IP community. Through the meaningful contributions of the Principal Judge at the forum, as well as the participation of Tanzanian judges in the forum, the Judiciary has consistently demonstrated its commitment to advancing knowledge, consistency, and cooperation in the adjudication of intellectual property disputes. This involvement reflects Tanzania’s dedication to shaping the national landscape of intellectual property rights while strengthening its role in international judicial dialogue.

Judges of the Court of Appeal and High Court of Tanzania who participated  the forum virtually included   Hon. Zephrine Galeba, JA; Hon. Dr. Paul F. Kihwelo,JA ; Hon. Issa Maige, JA ;Hon. Gerson Mdemu, JA ; Hon. Prof. Ubena John,JA ;  Hon. Rose Ibrahim,J ;  Hon. Salma Magimbi , J Hon. Isaya Arufani,J ; Hon. Dr. Adam Mambi, J;  Hon. Ilvin Mugeta,J ;Hon. Dr. Yose Mlaymbina,J Hon. Stephen Magoiga,J; Hon. Thadeo Mwenempazi,J;  Hon.  Butamo Philiph, J; Hon. Fahamu Mtulya, J;Hon. Dr. Juliana Masabo,J; Hon. Dr. Lilian Mongela,J; Hon. Revocati Mteule,J; Hon. Messeka Chaba, J; Hon. Frank Mahimbali, J; Hon. Safina Simfukwe, J; Hon. Nyigulila Mwaseba, Hon. John Nkwabi,J; Hon.  Awamu Mbagwa, J; Hon. Dr. Theodora Mweneghoha,J; Hon. Dr. Fatma Khalfan,J; Hon. Suleiman Hassan J; Hon. Musa Pomo, J; Hon. Wilbert Chuma, J; Hon. Sarah Mwaipopo, J; Hon. Dr. Emanuel Kawishe,J; Hon. Abdallah Gonzi, J; Hon. Irene Musokwa, J; and Hon. Hadija Kinyaka,J.

After the Conclusion of the Judges forum, the WIPO Advisory Board of Judges held its inaugural meeting on 16th October 2025 at WIPO Headquarters. Hon. Dr.  Siyani, Principal Judge of the High Court of Tanzania, attended the meeting along with nine other appointed eminent Board members. His leadership at WIPO is testament of the Judiciary of Tanzania’s firm commitment to international cooperation on intellectual property and his dedication in protection of justice.

Concurrently with the Advisory Board meeting, the Judiciary of Tanzania and WIPO convened special meetings, held each year at WIPO Head quarters after the Judges Forum. These meetings were attended by the Chief Registrar of the Judiciary of Tanzania, the focal person for collaboration between WIPO and the Judiciary of Tanzania, and senior officials from the WIPO Judicial Institute, WIPO Arbitration and Mediation Center, and WIPO Academy. The discussions focused on key issues concerning the ongoing collaboration and activities to be undertaken in 2026 as part of implementation of the Memorandum of Understanding (MoU) executed in 2021.

 

       Hon. Dr. Mustapher , Siyani , Principal Judge of the High Court of Tanzania

Panelists  during  Session on Calculation of Damages.

Participants from various Jurisdictions at the opening ceremony of the WIPO  Annual Judges Forum.

The third from left is WIPO Assistant Director General,  Dr. Marco Aleman,  centre is Principal Judge of the High Court  of Tanzania and Member of   WIPO Advisory Board of Judges, Hon. Dr. Mustapher Siyani, the second from left is Judge of High Court of Zanzibar, Hon.  Haji Suleiman Khamis,  the  first from right is Chief Registrar of the Judiciary of Tanzania, Hon. Eva Nkya, the second from right is Director of WIPO Judicial Institute,  Ms. Eu- Joo Min, the third from right is Legal Officer , WIPO Judicial Institute  Ms.  Ines Ferdinandez and the first from left is Deputy Registrar and Focal Person for the Collaboration between WIPO and the Judiciary of Tanzania, Hon.Upendo Ngitiri.