Intellectual Property Protection in Tanzania: A Guide for Businesses and Innovators

By Advocate Benhard Samson | GERPAT Solutions 

Intellectual property protection in Tanzania is essential for any business launching a brand, developing a product, or publishing creative work. Your intellectual property (IP) is among your most valuable commercial assets, yet it remains one of the most frequently overlooked.

Recent legal shifts make securing intellectual property protection in Tanzania urgent. Key updates include landmark Court of Appeal rulings on regional trademark enforceability and a mandatory import-recordation regime. This guide details what businesses and innovators must do to protect their brands, inventions, and creative assets.

1. The Legal Framework

Intellectual property in Tanzania is protected under several distinct statutes, each covering a specific category of rights:

• The Trade and Service Marks Act, 1986: Governs the registration and protection of trademarks and service marks.

• The Patents (Registration) Act, Cap. 217: Governs the registration and protection of patents and utility models.

• The Copyright and Neighbouring Rights Act, 1999: Governs literary, artistic, musical, and audiovisual works, as well as related rights.

• The Merchandise Marks Act, 1963 (as amended): Underpins the new border-recordation regime for imported goods.

Administrative Agencies & Jurisdictions

• BRELA: The Business Registrations and Licensing Agency handles the registration and administration of trademarks, patents, utility models, and industrial designs.

• COSOTA: The Copyright Society of Tanzania oversees copyright matters.

Important Dual-Jurisdiction Note: Mainland Tanzania and Zanzibar maintain separate IP registers. Businesses operating across both territories must plan for dual protection.

2. Trademarks: A Rapidly Changing Landscape

Three recent legal developments make national trademark protection an immediate priority for brand owners:

• ARIPO Registrations Not Enforceable on the Mainland: The Court of Appeal of Tanzania confirmed that trademarks registered through the African Regional Intellectual Property Organization (ARIPO) under the Banjul Protocol are not enforceable in mainland Tanzania because the Protocol has not been domesticated into national law. Brand owners relying solely on an ARIPO designation should secure a national registration with BRELA immediately.

• Mandatory Recordation for Imported Goods: The Fair Competition Commission (FCC) requires all trademarks associated with imported goods to be formally recorded with the Chief Inspector of Merchandise Marks. A finalized BRELA registration is a prerequisite for recordation, and unrecorded marks face heightened risk of border delays or seizure.

• Faster Examination Timelines: Recent amendments introduced accelerated examination procedures, shortening the time to registration for compliant applications.

Renewal Terms: Trademark registration in Tanzania runs for an initial period of 7 years, renewable thereafter for successive 10-year terms.

3. Patents and Utility Models

To obtain patent protection in Tanzania, an invention must satisfy three statutory thresholds:

1. Novelty: Not anticipated by prior art disclosed anywhere in the world.

2. Inventive Step: A non-obvious technological advance over existing state-of-the-art developments.

3. Industrial Applicability: Capable of being made or used in an industry.

Applications are examined by BRELA. Through Tanzania’s participation in the Patent Cooperation Treaty (PCT) and ARIPO’s Harare Protocol, innovators can extend protection regionally and internationally using unified filing routes.

4. Copyright: Automatic Protection & Voluntary Registration

Unlike trademarks and patents, copyright protection in Tanzania arises automatically upon creation of an original work—no formal registration is required.

• Protected Works: Books, articles, software code, musical compositions, audiovisual content, and fine art.

• Duration: Life of the author plus 50 years. Shorter terms apply to sound recordings (50 years from publication) and broadcasts (20 years).

• COSOTA Registration: Voluntary registration with the Copyright Society of Tanzania creates an official record of authorship and ownership, strengthening your position during enforcement and licensing negotiations.

5. Enforcement and Legal Remedies

Rights holders facing infringement in Tanzania can pursue several enforcement paths:

• Civil Litigation: Claims for monetary damages, injunctions, and court orders for the delivery or destruction of infringing goods.

• Fair Competition Commission (FCC): Regulatory complaints for border enforcement and market intervention against counterfeits.

• Criminal Prosecution: Referral to law enforcement authorities in appropriate cases of deliberate counterfeiting.

• Jurisdictional Rules: Copyright disputes fall under the exclusive jurisdiction of the District Courts under the Copyright and Neighbouring Rights Act, regardless of the monetary value involved—a position reaffirmed by the Court of Appeal.

6. Practical Action Items for Businesses

• Register Directly with BRELA: Do not rely on ARIPO designations alone for Mainland Tanzania protection.

• Complete FCC Recordation: If importing physical products, record trademarks with the FCC to prevent border seizures.

• File Patent Applications Early: Conduct global prior-art searches before any public disclosure to protect novelty.

• Register Key Works with COSOTA: Create evidentiary proof of ownership for high-value creative assets.

• Track Expiration Dates: Set up renewal calendars to avoid key assets lapsing due to missed deadlines.

• Plan for Dual Jurisdiction: Seek separate advice for Mainland Tanzania and Zanzibar.

How GERPAT Solutions Can Help

At GERPAT Solutions, our Intellectual Property practice assists clients across all stages of asset protection:

• Trademark, patent, and industrial design registration before BRELA

• Copyright registration with COSOTA

• FCC trademark recordation for imported goods

• Comprehensive IP enforcement through litigation and administrative complaints

Protect your competitive advantage before launching or importing into Tanzania.

• Author: Advocate Benhard Samson, GERPAT Solutions

• Contact: info@gerpatsolutions.co.tz

Disclaimer: This article is provided for general informational purposes only and does not constitute formal legal advice. While every effort has been made to ensure accuracy as at the date of publication, laws and interpretations change. You should seek tailored legal counsel regarding your specific circumstances.