INTELLECTUAL PROPERTY AND ACCESS TO
INFORMATION IN ZIMBABWE
Kathy Matsika(Ms)
Kmatsika@nust.ac.zw
National University of Science and
Technology
INTRODUCTION
The purpose of this paper is
 To give an overview of the Legal Framework for the
protection of Intellectual Property in Zimbabwe.
 to analyze the way these impact,both positively and
negatively, on information flow in general in Zimbabwe.
 To highlight the plight of researchers/ higher education
institutions.
 To discuss strategies for the way forward- to promote and
protect access to knowledge and information for research
and innovation in academic institutions in Zimbabwe.
 To create an awareness of Intellectual Property issues
 To pose a challenge and get Zimbabwean stakeholders
focused and talking to each other about copyright and IP
issues in Zimbabwe
PARADIGM SHIFTS
Globally, changes in Intellectual Property debates reflect the
growing internationalization of information issues; the WIPO
DEVELOPMENT AGENDA has made WIPO meetings
exciting platforms where Third World countries have
managed to highlight the imbalances of the existing
international IP regime.
Open Access debates have taken center stage and seem to be
urging society to ‘Think in other Terms’. Open Access tends
to be very appealing to developing countries where demand
outstrips supply because of limited resources.
The internet, Electronic resources and modern technologies
have changed society’s views on Copyright.
The Digital Rights Management has also brought major
challenges for the IP regime. How accessible is digital
content or is it locked up behind technical barriers. .
INTELLECTUAL PROPERTY Defined
IP is divided into two categories


Industrial Property: includes patents of invention,
trademarks, industrial designs, geographical indications.
Copyright: includes Literary and artistic works as well as
creations in the field of so called “neighboring rights” or
related rights. Copyright is the body of laws which grant
authors,artists and other creators, protection for their
literary and artistic creations- works.
LEGAL FRAMEWORK

Protection of IP in Zimbabwe is mainly contained in the
following Acts of Parliament namely:
-The Patents Act(Chapter 26:03)
-The Trade Mark Act (Chapter 26:04)
-Industrial Designs Act(Chapter 26:02)
-Copyright and Neighboring Act(Chapter 26:08)
-Geographical Indications (Chapter 26:06)
-Integrated Circuit Layout Design(Chapter 26:07)
ZIMBABWE INTELLECTUAL PROPERTY OFFICE
The Chief Registrar of Deeds and Companies and Controller
of Patents, Trade Marks and Industrial Designs runs the
Zimbabwe Intellectual Property Office and is answerable to
the Ministry of Justice, Legal and Parliamentary Affairs,
the day to day administration of these Acts.
COPYRIGHT ACT-Chapter 26:05



The current Copyright Act and Neighboring Rights was
revised in 2004. The Act gives rights to authors, writers
,musical works, architectural works etc. for a period of 50
years from the year of publication. Lets hope that Zimbabwe
will not extend the term 75 or more years as has happened
elsewhere.
Prominent feature in the revised Act is the diminishing
prominence of rights to non- right holders normally given
through ‘limitations and Exceptions’ -’Fair dealing for
purposes of research or private study’
For Librarians, the most important section of the Copyright
Act is the ‘Exceptions and limitations’, the section which
extends limited rights to the people as consumers of
information.
CHALLENGES FACING zulc:






PHOTOCOPYING in University Libraries- how much is allowed.
Who does the policing? Libraries not responsible for what the
users do?
Collection Building- scarce and expensive foreign titles
Lack of awareness of IP issues in Institutions of Higher Education
Mistrust – Right holders, Users, institutions
Collecting Societies- lack of transparency,what happens to money
collected for authors not in /fro
Collecting societies-Who and where are they
 Absence of clear directions from the Authorities
 Attraction of the Open Access Approach
 Licensing

STRATEGIES





Lobby the relevant sections of the Ministry of Justice, legal and
Parliamentary Affairs and Legislators to consult Librarians and
Information workers in future revisions of the Copyright Act. In
the previous revision 2004, Information people were not.
Seek clarification on the issue of ‘fair use’ in the Copyright Act.
What rights does it give to non right holders?
Dialogue with the proposed Collecting Societies for clarification on
hoe they are
Create awareness in Zimbabwe on the ‘access to information’ as a
right
Work closely with partners in the region and worldwide to get
information necessary to develop cutting edge relevant intellectual
property policies and practices.
CONCLUSION :ZULC LOBBY
•
Broadly speaking, Librarians are law abiding citizens and they are
aware that Infringement of copyright by universities may result in
legal action and possible awards of damages. In fact, Librarians
support copyright but would want it understood that in developing
countries like Zimbabwe, there is need to strike a balance .
•
ZULC advocates for equitable and practical copyright
environments.
ZULC to build capacity and expertise among its members in
advocacy for equitable Copyright Laws, to lobby the powers that be
to revisit the current Copyright Act in order to redress the
balance – maintain adequate protection of right holders and ‘fair
dealing’.
•
ZULC and Access to Information

ZULC is working towards establishing an ideal environment
in which all people are able to access and contribute
information and ideas leading to toward the total
development of the Zimbabwean society.

University Libraries, with assistance from international
partners and in line with the Association of African
Universities facilitate access to local research literature
through the creation of local and regional databases.
THANK YOU
KATHY MATSIKA(Ms)
kmatsika@nust.ac.zw