Vehicle conversions firm asks for its patent protection

THE Moshi-based Safari Vehicle Conversions Company, RSA Limited, has asked the Minister for Industry, Trade and Investment, Mr Charles Mwijage, to resolve a dispute over infringement of their patent rights in modifying bodies of tourist safari vehicle called “War Bus.”

RSA is the original patent owner of its “Tourist Body” since 2004 and is valid till to date, holding a Certificate of the patent issued by Brella. The company is well recognised across Africa for its famous “Tourist Body” and has been producing and exporting since 2004. In his letter to the minister and the ministry’s permanent secretary, the company’s Managing Director, Mr Manmohan Bhamra, blamed the Tanzania Bureau of Standards (TBS) for breach of their products that have lost due to loss in market shares from unethical competition.

On December 15, 2017, TBS granted a licence for the manufacture of modified safari vehicles to the Arusha-based firm, Hanspaul Automech Limited (HAL), a move which RSA considered a major concern because they had not authorised anyone to use their patent rights.

The letter claims that TBS had ‘knowingly’ been protecting the alleged infringement over the years, even though they were well aware that the company was manufacturing tourist vehicle bodies without licences or following any regulations for manufacturing.

“As the top administrator and controlling force of the ministry, it is a duty of your good office to enquire into this irregularity and order for withdrawal of the TBS licences issued to Hanspaul Automech Limited which are the protected designs of RSA,” Mr Bhamra says. When reached for comment, TBS Public Relations Officer (PRO), Ms Mariam Mtemvu told the ‘Daily News’ that they have dealt with the complaints several times. However, she said that she would provide more details on TBS reaction after approval by her director-general.

She noted that some offices under the ministry had been protecting firms that were infringing on their products without any licences to legally manufacture or sell such products, rather than supporting the rightful owner, RSA, to grow.

Instead, the intruder was ‘un-ethically competing’ without any legal licences to manufacture, using the efforts and investments in research and development RSA had since done to create consumer confidence in the “tourist body.” “We have invested extensively in research and development, marketing and infrastructure to have our product at its best quality hence making the RSA Safari Cruiser famous across Africa with a well-respected Tanzania brand name in the market,” he stated in a letter dated January 13, 2018.

However, he stated, they feel having not been considered by the ministry as no actions have ever been taken despite raising several complaints and objections to TBS over such infringements. Such position, RSA boss stated, has not only discouraged them immensely but also made them incur huge loss. He said that as they continuously doing research and development of new products, the firm was worried that they may not continue with such research in Tanzania if the ministry does not secure their intellectual property rights for designed and patent products.

“Due to extensive losses incurred because of the present situation caused by the departments falling under your ministry, we would not be able to risk the same in the future and most importantly our well-known brand reputation in the market,” Mr Bhamra said in the letter.

He was of the view that such trend may also cause high loss of reputation for the country, as other investors may be discouraged to invest into industries within Tanzania due to lack of protection or security in their design and patent of products. Mr Bhamra said that several requests to TBS for upholding the patent rights of RSA have never been heard or considered.

The assurances given by the government of protection of rights to every investor in the country will supplement to the increase and boost the economy of Tanzania. RSA in 2017 has invested into Tanzania over 1.5bn/- into brand new state of the art machinery and infrastructure.

The acts of inter-ministerial departments without recognising the rights issued by another department of the same ministry will certainly lead to damage the reputation of the ministry.

He stated that RSA have also registered their Industrial Design with African Regional Co-operation for Patent Protection (ARIPO) in various counties throughout Africa and it’s well respected in all those countries, whilst only in Tanzania attempted infringement of RSA IP’s.