Temeke District Commissioner Sixtus Mapunda Warns Against Counterfeiting

The District Commissioner of Temeke, Sixtus Mapunda, has issued a compelling call for unified action against counterfeit goods in Tanzania, highlighting their severe repercussions on public health, the economy, and legitimate businesses. This article delves into Tanzania's multi-faceted legal framework designed to combat counterfeiting, examining key statutes such as the Merchandise Marks Act, the Fair Competition Act, and the Standards Act, alongside the roles of pivotal regulatory bodies like the Fair Competition Commission (FCC) and the Tanzania Bureau of Standards (TBS). It further explores recent legislative enhancements, including mandatory trademark recordation for imported goods, and the ongoing challenges in enforcement, emphasizing the critical need for collaborative efforts from government, the private sector, and citizens to safeguard market integrity and consumer welfare.

The proliferation of counterfeit goods poses a significant and escalating threat to economies and public welfare across Africa, and Tanzania is no exception. Recently, the District Commissioner of Temeke, Sixtus Mapunda, underscored the gravity of this issue, emphasizing that a robust response necessitates concerted efforts from citizens, the government, and the private sector. The Commissioner's remarks, made during the 2026 World Anti-Counterfeiting Day celebrations, highlighted the pervasive dangers of fake products, particularly alcohol, cigarettes, and lubricants, which not only jeopardize consumer health but also unfairly disadvantage compliant businesses that adhere to legal procedures and tax obligations.

This call to action serves as a timely reminder of the complex challenges associated with combating illicit trade. Counterfeit goods undermine intellectual property rights, erode consumer trust, stifle legitimate investment, and deprive the government of crucial tax revenues. This article will provide a comprehensive overview of the legal and regulatory landscape in Tanzania concerning counterfeit goods, analyze the enforcement mechanisms and their limitations, and discuss the implications for legal practitioners and businesses operating within this environment, reinforcing the necessity of the multi-stakeholder approach advocated by Commissioner Mapunda.

Tanzania's legal framework for combating counterfeit goods is enshrined in a network of statutes and regulations, primarily aimed at protecting intellectual property rights, ensuring consumer safety, and promoting fair competition. Central to this framework is the Merchandise Marks Act [Cap. 85 R.E. 2023], which serves as the primary legislation addressing trademark infringement and false trade descriptions. This Act criminalizes various activities related to counterfeiting, including the application of false trade descriptions, the supply or offer of goods bearing such descriptions, and the possession, manufacture, or sale of counterfeit items.

Complementing the Merchandise Marks Act are other crucial pieces of legislation. The Trade and Service Marks Act [Cap. 326 R.E. 2023] provides for the registration and protection of trademarks, explicitly prohibiting the unauthorized use or imitation of another's trademark with intent to deceive or gain unfair advantage. The Fair Competition Act, 2003, further reinforces consumer protection by outlawing the misrepresentation of the nature or qualities of goods, making the sale of counterfeit products a criminal offense and aiming to prevent anti-competitive practices. Additionally, the Standards Act, 2009, empowers the Tanzania Bureau of Standards (TBS) to ensure that goods meet national quality and safety specifications, making it illegal to import, sell, or distribute non-compliant products. For specific sectors, the Food, Drugs and Cosmetics Act, 2003, directly addresses the menace of counterfeit drugs, medical devices, and cosmetics, imposing strict prohibitions on their manufacture and sale. The Penal Code [Cap. 16 R.E. 2022] also provides general provisions against forgery and false pretence, which can be invoked in counterfeiting cases.

The enforcement of anti-counterfeiting laws in Tanzania is a multi-agency endeavor, primarily spearheaded by the Fair Competition Commission (FCC) and the Tanzania Bureau of Standards (TBS). The FCC, mandated to promote fair competition and protect consumers, actively investigates and confiscates counterfeit goods, reporting significant seizures annually. For instance, the FCC reported confiscating counterfeit goods worth approximately Sh15 billion in the 2022/2023 financial year. The TBS, on its part, is responsible for monitoring product quality and safety, conducting inspections, and destroying substandard and counterfeit items, with operations in 2024 leading to the destruction of goods valued at over Sh1.5 billion.

Recent legislative and technological advancements aim to bolster these enforcement efforts. A significant development is the introduction of the Merchandise Marks (Recordation) Regulations, 2025, through the Finance Act of 2025. Effective December 1, 2025, these regulations 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 proactive measure is designed to enhance border enforcement by enabling authorities to identify and prevent counterfeit goods from entering the market more effectively. Furthermore, the FCC's integration into the Tanzania National Online Goods Authentication System (TANOGA) represents a strategic shift towards technology-driven, preventive enforcement, allowing for earlier intervention in the supply chain.

Despite these efforts, the scale of the problem remains substantial. Studies indicate that over 50 percent of goods consumed in Tanzania are counterfeit, including critical items like medicines, food, and construction materials. The Tanzania Medicines and Medical Devices Authority (TMDA) estimates that around 30 percent of medicines in circulation are counterfeit, posing severe health risks. The economic impact is equally dire, with annual tax losses estimated between 15 and 25 percent of domestic income, alongside reduced local production and diminished investor confidence. The challenge is exacerbated by the fact that counterfeit products often visually resemble authentic ones, making differentiation difficult for unsuspecting consumers who are often swayed by lower prices.

The call for joint action by the Temeke DC resonates with the inherent limitations of single-agency enforcement. The Merchandise Marks Act, for example, relies on complaints from rights holders, who must often provide an indemnity bond to cover costs if goods are found genuine. This highlights the need for greater public awareness and participation in reporting suspected counterfeit goods, as well as enhanced collaboration between regulatory bodies, customs, police, and intellectual property owners. The penalties for counterfeiting, while significant (up to five years imprisonment or a fine of up to ten million Tanzanian shillings for first-time offenders, and up to fifteen years for repeat offenders), require consistent application to serve as a strong deterrent.

The fight against counterfeit goods in Tanzania is a continuous and evolving battle, demanding a comprehensive and collaborative strategy. The legal framework, anchored in the Merchandise Marks Act, Trade and Service Marks Act, Fair Competition Act, and Standards Act, provides a strong foundation for enforcement. However, the sheer volume and sophistication of counterfeit products necessitate sustained vigilance and innovation from regulatory bodies like the FCC, TBS, and TMDA. The recent mandatory trademark recordation for imported goods and the integration of the FCC into the TANOGA system are commendable steps towards proactive border control and enhanced market surveillance.

For legal practitioners, advising clients on intellectual property protection in Tanzania now requires a keen understanding of these updated regulations, particularly the mandatory recordation requirements for imported goods. Businesses, especially brand owners, must actively engage with the regulatory framework, ensuring their trademarks are registered with BRELA and, crucially, recorded with the FCC for imported goods. Furthermore, fostering internal compliance mechanisms and educating consumers about the risks of counterfeits are vital. The emphasis on 'joint action' by the Temeke DC serves as a critical reminder that effective anti-counterfeiting measures are not solely the purview of government agencies but require the active participation and cooperation of all stakeholders to protect lives, legitimate markets, and the national economy.