Tanzania Strengthens IP Protection Through Legislative Reforms

Tanzania has introduced significant reforms to its IP regime through the enactment of the Written Laws (Miscellaneous Amendments) Act, 2026 (the “2026 Amendments”), which received Presidential assent on 19 September 2026 and was published in the Government Gazette on 2 October 2026. The amendments represent one of the most significant developments in Tanzania’s intellectual property framework in recent years and substantially enhance the protection available to trade mark, patent- and design proprietors.

The reforms follow the Court of Appeal’s decision in Lakairo Industries Group Co. Ltd v Kenafrica Industries Ltd (26 September 2025), in which the Court held that the Banjul Protocol had not been domesticated into Tanzanian law and that ARIPO trade mark registrations designating Tanzania therefore did not confer enforceable rights within the country. The decision created considerable uncertainty for rights holders that had relied on the ARIPO system, as protection and enforcement in Tanzania could thereafter only be secured through national Tanzanian registrations.

The 2026 Amendments seek to address that uncertainty directly. Most notably, the legislation formally recognises and incorporates ARIPO trade mark, patent and design registrations designating Tanzania, unless the Registrar notified ARIPO that the mark/patent/design would have no effect in Tanzania, into the country’s domestic intellectual property framework.

Importantly, the amendments provide for retrospective recognition of such rights dating back to 1999, significantly strengthening the position of rights holders that have historically relied on the ARIPO registration system.

The reforms also modernise Tanzania’s trade mark framework in several other important respects. For the first time, the legislation introduces express protection for collective marks and certification marks, bringing Tanzania’s trade mark regime into closer alignment with international practice and providing additional mechanisms through which industry associations, certification bodies and collective enterprises may protect and commercialise their brands.

In addition, the scope of registrable trade marks has been expanded to include certain non-traditional forms of trade marks, including three-dimensional (3D) marks, colours, get-ups and holograms. This development broadens the range of brand indicia capable of protection and reflects an increasingly modern approach to trade mark protection.

Another significant development is the formal recognition and protection of well-known trade marks. Aligning Tanzania’s trade mark regime more closely with internationally recognised principles, the amendments allow the owner of a well-known mark to restrain, by injunction, the use of an identical or similar mark on identical or similar goods or services where confusion is likely, even without a local registration. They also bar the registration of marks likely to impair, interfere with or take unfair advantage of the distinctive character of a well-known mark. This is likely to be of particular importance to international brand owners with established reputations in the Tanzanian market.

The amendments also expressly empower the Registrar to advertise an application in the Trade and Service Marks Journal before accepting it where exceptional circumstances exist. A similar power already existed under the Act, so the change confirms the Registrar’s existing discretion rather than introducing a new procedure.

The reforms may also have implications for Tanzania’s developing customs and border enforcement framework, particularly the trade mark recordation system administered by the Fair Competition Commission (FCC) under the Merchandise Marks Act and the Merchandise Marks (Recordation) Regulations, 2025. Prior to the 2026 Amendments, the FCC accepted foreign trade mark registrations for recordation purposes, while maintaining that such registrations did not confer enforceable rights in Tanzania.

The recognition of ARIPO registrations under the 2026 Amendments substantially strengthens the position of rights holders that have relied on the ARIPO system, including patent- and design rights.

The enhanced protection afforded to well-known marks may also prompt further consideration of the extent to which reputation-based rights can be enforced in the absence of a local registration. Whether the FCC will revisit its approach considering these developments remains to be seen.

For brand owners operating in Tanzania and across the wider region, the 2026 Amendments represent a significant strengthening of the country’s trade mark protection regime. Through the recognition of ARIPO registrations, the introduction of collective and certification marks, the expansion of protection to non-traditional marks and the enhanced protection afforded to well-known marks, Tanzania has taken a substantial step towards greater alignment with regional and international intellectual property standards.

Equally important, the reforms offer greater legal certainty to rights holders seeking to protect and enforce their brands, their patents and their designs in Tanzania. As the amendments take effect, their interpretation and application in practice will play an important role in defining the future trajectory of intellectual property protection in the country.