Introduction
The Trade Marks,[1] Patents,[2] and Industrial Designs Amendment Regulations 2025,[3] gazetted on 18 April 2025 mark a significant milestone in Zimbabwe’s intellectual property framework. These amendment regulations have introduced discounted fees for women, students, universities, research institutions, and SMEs, aiming to bolster innovation and to provide access to trade mark, patent, and industrial design protection. It is noticeable that, this development aligns with Zimbabwe’s key strategy objective as enunciated in the Zimbabwe National Intellectual Property Policy and Implementation Strategy (ZNIPPIS).[4] The strategy aims at enhancing domestic capabilities to generate IP and promote the use of IP resources.[5] Emphasis is placed on encouraging and supporting local actors to leverage IP resources.[6] We believe this tiered approach will encourage local entities and marginalised communities to access protection of their intellectual property assets. By reducing financial barriers, Zimbabwe aligns itself with global trends that recognize the importance of inclusive intellectual property frameworks in driving economic growth and technological advancement.
Key Features of the Amendments
The 2025 regulations introduced a tiered fee structure; this has the effect of significantly lowering costs for disadvantaged groups and small enterprises. For instance, where the application fee for a trade mark was US$200 across board, it is now US$30 for women, students, universities and applicant in their individual capacity, US$50 for SMEs, and $200 for corporate bodies. Similarly, the Patents and Industrial Designs Amendment Regulations also offer a tiered structure, ensuring that innovators and small businesses can protect their creative works at a lower cost. From an affordability perspective, Zimbabwe’s new fees compete fairly with other jurisdictions in this region for women, students, universities and even the SMEs. For corporates, fees are still on the higher end in comparison with other African countries. To put things into perspective, if we compare with South Africa’s fees in USD, the trade mark application fee (both manual and online filing) is R590.00,[7] which converts to 32 USD. In Zambia fees are about USD75.00 for foreign entities and about USD25.00 for local applicants.[8] Namibia is currently standing at R600.00,[9] which is USD33 for any type of applicant, regardless of size of entity or nationality. This still remains a great opportunity for all these specified persons and entities which they should take advantage of.
What Zimbabwe has presented in the form of the three-tier system is unique and is yet to be seen in other countries in the region. This is a positive and possibly trendsetting step for inclusion and accessibility of IP services, in our respectful view which should be applauded.
A further observation is that the regulations provide discounts not only on application fees, but on all other processes such as renewals, advertisement fees, and registration of subsequent proprietors, to name a few- easing the financial burden on SMEs and individual innovators. This move is expected to stimulate entrepreneurship, encourage brand and design protection, and enhance market competitiveness for Zimbabwean businesses. From a positive lens, fees are no longer an impediment for IP protection for small businesses. The perception that IP protection is an expensive process no longer holds true in this jurisdiction and businesses should consider prioritizing protection of their intellectual property assets.
The definition of an SME is provided for in the Regulations and is predicated on the number of full-time employees as well as the value of the enterprise’s assets.
The definition of SME is set out below:
Sector/sub-sector of economy | Class | No. of fulltime paid employees | Value of Assets (USD) |
All sectors | Medium | 31- 75 | 500 001–1 000 000 |
Small | 6 – 30 | 30 001–500 000 | |
Micro | 1 – 5 | 30 000 |
For an applicant to claim the discounted fees on the basis of being a research or academic Institution, a student or an SME, it is required to complete and submit together with the application form a declaration of entity form. This form however, was not gazetted along with the amendment regulations. Applicants who wish to claim the discount may be faced with a challenge in doing so because of this anomaly and possible oversight. Applicants may be asked to use an alternative form that evidences their claims if CIPZ is to implement this facility properly. This administrative hitch needs to be urgently attended to for precision of this process and to enhance the effectiveness of this new amendment.
What’s the Significance?
Female entrepreneurs and SMEs often faced systemic barriers in accessing formal protections for their intellectual property. The cost of trade mark, industrial design or patent registration was a deterrent to formalizing many small businesses, steep fees tilted the playing field in favour of large corporations with the financial muscle to invest in their intellectual property registration. By reducing trade mark registration costs, Zimbabwe is taking a progressive step toward gender inclusivity and economic empowerment. Lower fees enable women-led businesses, small to medium enterprises, students and individuals alike to secure their brands, preventing exploitation while growing sustainable businesses. Hopefully we will start seeing a decrease in the IP gender gap by this initiative.
The discounted fees empower small enterprises to protect their intellectual property, enhancing both their credibility and market presence. This initiative not only benefits businesses but also drives innovation in universities and research institutions by boosting research and development efforts. Affordability will serves as an incentive for ownership of IP assets by many innovators and we may eventually see an increase in the IP assets held by academic institutions and SMEs. Affordable patent protection fosters scientific breakthroughs and facilitates the commercialization of new technologies. Furthermore, by lowering costs for SMEs, the regulations stimulate local manufacturing and product development, thereby contributing to robust economic expansion.
Comparative Analysis: How Other Countries Encourage Innovation
Several countries have adopted tiered trade mark fee structures and other incentives to promote innovation:
- United Kingdom: The UK Intellectual Property Office offers reduced fees and part-funding towards the costs of IP Audit through their ‘IP Advance’ scheme for SMEs and startups, ensuring affordable access to trade mark protection.[10]
- European Union: The EUIPO SME Fund provides financial support to small and medium enterprises established in the European Union and Ukraine. The SME Fund offers grants in the form of vouchers that can be used to claim reimbursement for various IP-related activities. These include applications for trademarks, designs, patents, and plant varieties. Applicants save as much as 75% on IP right applications depending on the country or region.[11]
- United States: The USPTO has a tiered fee structure, offering lower fees for small entities and micro-entities to encourage broader participation in trade mark registration. Patent applicants and owners who qualify as small entities are discounted 60% of patent related fees and micro entities are discounted 80% of patent fees.[12]
- India: The Startup India initiative provides discounted trade mark fees for startups, fostering innovation and brand protection. The initiative offers an 80% reduction in patent application fees and a 50% reduction in statutory fees for trademark applications. Additionally, the government provides a list of firms whose services startups can utilize, with the government reimbursing the professional fees.
Beyond fee reductions, countries like South Korea and Japan actively stimulate innovation by offering government grants and tax incentives for patent filings. Zimbabwe could emulate this approach by implementing subsidies for research institutions and streamlining intellectual property processing for startups. Accelerated IP processing would not only boost efficiency but also help create a more dynamic environment for innovation, positioning Zimbabwe as a competitive player in the global technology landscape.
Conclusion
The trademarks, patents and industrial designs Amendment Regulations 2025 represent a progressive shift in Zimbabwe’s intellectual property framework. By introducing discounted fees for women and SMEs, the country is enabling inclusive innovation and encouraging economic empowerment. Global trends suggests that Zimbabwe could do more to improve its IP framework, however, this is a step in the right direction as these reforms position Zimbabwe as a nation committed to leveraging intellectual property for economic growth. As the country implements these changes, continuous evaluation and adaptation will be crucial to ensuring long-term success.
All the best Zimbabwe!
By Chido Gezimati and Brenda Matanga
BMATANGA IP ATTORNEYS
© 12 May 2025
Our firm remains committed to assisting businesses and empowering them through provision of strategic intellectual property solutions. Feedback can be provided at [email protected].
[1] SI 2025-037 Trade Marks (Amendment) Regulations, 2025 (No. 6).
[2] SI 2025-039 Patents (Amendment) Regulations, 2025 (No. 18).
[3] SI 2025-041 Industrial Designs (Amendment Regulations 2025 No. 17).
[4] The Zimbabwe National Intellectual Property Policy And Implementation Strategy (2018-2022).
[5] Guiding consideration laid out in Section 3.3 (a) of ZNIPPIS.
[6] Section 3.4.5.2 (b).
[7] Companies and Intellectual Property Commission website: https://www.cipc.co.za/?page_id=4074
[8] K2000 and K666 respectively: https://www.pacra.org.zm/?page_id=1103
[9] BUSINESS AND INTELLECTUAL PROPERTY AUTHORITY (BIPA) INDUSTRIAL PROPERTY ACT, 2012, https://www.bipa.na/download/trademark-certification-and-collective-marks-fee/
[10] https://www.cipa.org.uk/news/uk-ipo-launches-new-sme-financial-support-scheme-ip-advance/
[11] https://www.euipo.europa.eu/en/sme-corner/sme-fund/2025
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