Sixtus Mapunda — TZ Legal Update

Tanzania recently observed Anti-Counterfeiting Day with a renewed call for collective action from all stakeholders to combat the pervasive trade in counterfeit goods. Temeke District Commissioner, Sixtus Mapunda, underscored that government institutions alone cannot win this battle, emphasizing the critical need for active participation from citizens, the private sector, and all economic actors. Counterfeit products pose significant threats to public health, legitimate businesses, and government revenues, necessitating a multi-faceted approach to enforcement and public awareness. This article delves into Tanzania's legal framework for intellectual property protection and anti-counterfeiting, examining the roles of key regulatory bodies, recent legislative enhancements, and persistent challenges in safeguarding consumers and the national economy.

The fight against counterfeit goods remains a critical challenge for economies worldwide, and Tanzania is no exception. As the nation recently marked Anti-Counterfeiting Day, a strong message emerged from Dar es Salaam: the battle against illicit trade demands a unified front. Temeke District Commissioner, Sixtus Mapunda, highlighted the severe repercussions of counterfeit products on public health, legitimate businesses, and government revenues, urging for intensified, collaborative efforts beyond government institutions alone.

This call to action underscores a growing recognition within Tanzania of the profound economic and social damage inflicted by the proliferation of fake goods. From endangering consumer safety through substandard products like alcohol and lubricants to stifling innovation and fair competition, counterfeiting undermines the very fabric of a healthy market. This article will explore the existing legal and institutional landscape in Tanzania designed to combat counterfeiting, analyze recent regulatory advancements, and discuss the ongoing challenges and implications for legal practitioners and businesses operating within the jurisdiction.

Tanzania's legal framework for intellectual property (IP) protection and anti-counterfeiting is primarily anchored in several key statutes. The cornerstone legislation for combating counterfeit goods, particularly those infringing on trademarks, is the Merchandise Marks Act, 1963 (Cap 85 R.E. 2023). This Act prohibits the application of false trade descriptions to goods, the sale or offering for sale of goods bearing such false descriptions, and even the possession of tools used for counterfeiting. Violations under this Act carry criminal sanctions, reflecting the seriousness with which the state views such offenses.

Complementing this, the Trade and Service Marks Act governs the registration and protection of trademarks, while the Copyright and Neighbouring Rights Act, 1999 (Cap 218 R.E. 2023), safeguards literary, artistic works, and folklore. Patents are protected under the Patents (Registration) Act, 1987 (Cap 217 R.E. 2023). Enforcement of these rights is largely vested in institutions such as the Fair Competition Commission (FCC), which is empowered by the Fair Competition Act, 2003 (Cap 285 R.E. 2019), to promote competition and protect consumers from unfair and misleading market practices. The Business Registrations and Licensing Agency (BRELA) is responsible for the administration and registration of industrial property rights, including trademarks and patents.

Despite a robust legislative framework, the enforcement of intellectual property rights and the fight against counterfeiting in Tanzania have historically faced significant hurdles, including limited public awareness and inadequate resources for enforcement agencies. However, recent legislative and strategic developments signal a fortified resolve to address these issues. A pivotal regulatory update, introduced through the Finance Act of 2025, amended the Merchandise Marks Act, giving rise to the Merchandise Marks (Recordation) Regulations, 2025. These regulations, effective December 1, 2025, mandate that all trademarks associated with goods imported into mainland Tanzania must be officially recorded with the Chief Inspector of Merchandise Marks at the FCC. This mandatory recordation system, which requires annual renewal and agent registration, is a proactive measure designed to strengthen border enforcement and prevent counterfeit goods from entering the market.

Enforcement efforts are primarily driven by the FCC, whose Anti-Counterfeit Enforcement Section investigates and prosecutes cases under the Merchandise Marks Act, disposes of condemned goods, and conducts public awareness campaigns. The FCC has also expanded its operational reach by establishing new zonal offices in key entry points like Mwanza, Arusha, and Mbeya, aiming to curb the inflow of counterfeits more effectively. The judiciary plays a crucial role, as evidenced by cases such as *ABRI GENERAL TRADERS vs. ABRO INDUSTRIES INC (Civil Case No. 41 of 2022)*, where the High Court clarified the procedures for appeals against FCC decisions on suspected counterfeit goods. This case highlights the judicial oversight and the avenues available for challenging enforcement actions.

However, challenges persist. While Tanzania is a member of the African Regional Intellectual Property Organization (ARIPO), a 2025 Court of Appeal decision (the Lakairo ruling) has rendered ARIPO trademark registrations unenforceable on the Mainland, necessitating national re-filing for trademark protection. This creates a dual system where ARIPO patents and industrial designs remain valid, but trademarks require separate national registration, adding complexity for rights holders. Furthermore, while industrial designs can be protected through ARIPO or by registration in the United Kingdom under the Patents (Registration) Act, Tanzania still lacks specific national legislation for the direct registration of industrial designs, presenting a gap in comprehensive domestic protection. The recent renewed partnership between Tanzania's FCC and Kenya's Anti-Counterfeit Authority (ACA) for information sharing and collaborative enforcement actions across the East African region is a positive step towards addressing the cross-border nature of counterfeiting.

The call for intensified, multi-stakeholder efforts on Anti-Counterfeiting Day in Tanzania underscores the critical nature of protecting both consumers and the national economy from the detrimental effects of illicit trade. The recent introduction of mandatory trademark recordation for imported goods, coupled with the FCC's expanded enforcement capabilities and regional collaborations, demonstrates a clear commitment to strengthening the anti-counterfeiting regime. However, legal practitioners must remain cognizant of the evolving landscape, particularly the implications of the Lakairo ruling on ARIPO trademark registrations and the ongoing need for comprehensive national legislation for industrial designs.

For businesses and intellectual property owners, proactive engagement is paramount. This includes ensuring meticulous national registration of trademarks, complying with the new recordation regulations for imported goods, and actively collaborating with enforcement agencies like the FCC. Practitioners should advise clients on robust due diligence, market monitoring, and the strategic use of both civil and criminal remedies available under Tanzanian law. Continued vigilance and a concerted effort from all sectors—government, private industry, and consumers—will be essential in creating a safer market, fostering legitimate investment, and ultimately safeguarding public welfare in Tanzania.