The Dual-Jurisdiction Dilemma: Securing Intellectual Property Protection in Tanzania and Zanzibar

Intellectual property protection in Tanzania is rarely a matter of a simple, one-shot registration. For multinational corporations and foreign investors entering the East African market, the biggest trap is failing to realize that the United Republic of Tanzania operates under a dual-jurisdictional legal framework.

In short: you are dealing with two completely separate legal and administrative systems—Mainland Tanzania and the Revolutionary Government of Zanzibar.

Assuming a Mainland registration automatically covers you in Zanzibar is an incredibly expensive mistake. It leaves your core corporate assets exposed to local trademark squatting, blatant infringement, and legal headaches. To secure your brand, you need a coordinated strategy that addresses both systems simultaneously.

1. The Dual-Jurisdiction Reality

While Tanzania is a single United Republic on paper, intellectual property is explicitly not classified as a “Union Matter” under the country’s Constitution. Because of this, Mainland Tanzania and Zanzibar run entirely independent industrial property registries, enforce different laws, and answer to separate regulatory bodies.

• Mainland Tanzania: IP is managed by the Business Registrations and Licensing Agency (BRELA) through the Registrar of Trade and Service Marks. The primary laws here are the Trade and Service Marks Act (Cap. 326) and the Patents Act (Cap. 217).

• Zanzibar: The island has its own authority, the Zanzibar Business and Property Registration Agency (BPRA), which operates under the Zanzibar Industrial Property Act (No. 4 of 2008).

The Golden Rule: If you want total protection across the entire United Republic, you must file separate, concurrent applications with both BRELA on the Mainland and BPRA in Zanzibar. Securing one does absolutely nothing to protect you in the other.

2. Trademarks: Registration, Disputes, and Squatters

Trademarks are the lifeblood of your corporate identity. Protecting them requires navigating two distinct timelines and actively monitoring the local market for bad-faith actors.

Rules of Engagement and Timelines

Both registries use the international Nice Classification system for goods and services, but they don’t share a database or an examination timeline.

On the Mainland (under Cap. 326), your trademark’s initial registration lasts for 7 years from the filing date, followed by 10-year renewal terms. In Zanzibar (under Act No. 4 of 2008), the initial registration gives you 10 years right out of the gate, with subsequent 10-year renewals.

What Happens if Your Mark is Opposed?

Once an application clears the registry’s initial checks, it is published in the respective Intellectual Property Journal (either BRELA’s or BPRA’s). This opens up a strict 60-day window for third parties to object.

If you find yourself opposing someone else’s copycat mark—or defending your own—the process shifts to a formal, quasi-judicial track:

1. The Notice: The opponent files a formal notice detailing why the mark shouldn’t be registered (usually citing a likelihood of confusion or prior local use).

2. The Counter-Statement: The applicant must respond within a strict statutory timeline. If you miss this deadline, your application is automatically deemed abandoned.

3. The Evidence: Both sides lay out their cases via written statutory declarations or affidavits.

4. The Ruling: The Registrar hears oral arguments from both legal teams and issues a binding decision, which can later be appealed to the High Court.

Fighting Trademark Squatters

A growing headache for global brands entering East Africa is trademark squatting—local entities registering famous international marks before the rightful owner officially arrives.

Tanzania generally operates on a “first-to-file” basis, but you aren’t completely defenseless if someone steals your mark. First, both jurisdictions recognize the Paris Convention (Article 6bis), meaning you can petition the Registrar to throw out a registration if you can prove your mark is already exceptionally “well-known” globally and within local commercial circles. Second, you can launch expungement proceedings for non-use. If a squatter sits on your mark without using it commercially for 3 continuous years on the Mainland or 5 years in Zanzibar, you can apply to have it struck from the register.

3. Patents and Industrial Designs

If you are bringing proprietary tech, manufacturing processes, or unique product designs into the region, timing is everything.

To win patent protection from either BRELA or BPRA, your invention must check the standard global boxes: it must be entirely novel (not disclosed anywhere in the world prior to your filing date), involve an inventive step (not obvious to an expert in the field), and possess industrial applicability (it can actually be made or used).

Navigating ARIPO and the PCT

Tanzania is a member of both the Patent Cooperation Treaty (PCT) and the African Regional Intellectual Property Organization (ARIPO) via the Harare Protocol.

However, international counsel needs to tread carefully here. Historically, the Mainland and Zanzibar have diverged on how regional treaty obligations are implemented domestically, particularly regarding whether specific regional regulations have been formally gazetted. Because of these occasional ambiguities, the safest, most legally ironclad approach for high-value corporate patents is often to skip the blanket regional shortcuts and file direct national phase entries or direct local applications with both registries.

4. Copyright and Enforcement

For software, proprietary code, databases, and creative assets, copyright protection is entirely separate from industrial property.

• On the Mainland, this is overseen by the Copyright Society of Tanzania (COSOTA) under the Copyright and Neighboring Rights Act (Cap. 218).

• In Zanzibar, it runs through the Zanzibar Copyright Office (COSOZA) under the Zanzibar Copyright and Neighboring Rights Act (No. 14 of 2003).

While copyright technically exists upon creation, a physical Certificate of Registration from COSOTA or COSOZA is vital for enforcement. If you ever deal with corporate data theft or digital piracy, having these certificates in hand allows your legal team to secure swift civil search-and-seizure orders (Anton Piller orders) or initiate criminal proceedings through local law enforcement.

5. Enforcement Strategy: Courts and Customs

An IP portfolio is only valuable if you can actually defend it. When an infringement occurs, you need to know where to go.

The Court System

Litigation on the Mainland is handled by the High Court of Tanzania (Commercial Division). This is a specialized bench that is highly sophisticated and efficient at handling complex commercial disputes, temporary injunctions, and asset seizures. In Zanzibar, IP disputes fall under the jurisdiction of the High Court of Zanzibar.

Securing the Borders

To stop counterfeit goods before they hit the market, your legal strategy must involve the Tanzania Revenue Authority (TRA) and the Fair Competition Commission (FCC). By formally recording your registered trademarks with the FCC, customs officials gain the authority to intercept, seize, and destroy counterfeit imports at major entry hubs like the Port of Dar es Salaam and Abeid Amani Karume International Airport.

Pre-Launch IP Checklist for Investors

Before you ship products, sign distribution deals, or launch operations, ensure your team has addressed these five foundational points:

• Dual-Filing Check: Have your core trademarks been filed concurrently with both BRELA and BPRA?

• Independent Clearance Searches: Have you run separate searches in both local databases to ensure a squatter hasn’t already registered your name?

• Nice Classification Strategy: Are your products and services accurately categorized according to local registry preferences to prevent gaps in coverage?

• ARIPO Validation: If you used an ARIPO designation, has your counsel confirmed that all local validation and gazetting requirements are fully satisfied?

• FCC Recordal: Have your active brands been logged with the Fair Competition Commission to activate border protections?

Building a secure IP framework in East Africa requires a clear understanding of these regional nuances. If you need assistance structuring, defending, or auditing your intellectual property portfolio across Mainland Tanzania and Zanzibar, GERPAT Solutions can help tailor a practical, legally sound protective strategy for your business.

About the Author

Dr. Addo Mwasongwe is a Senior Intellectual Property Strategist and Advocate of the High Court of Tanzania. With over fifteen years of experience navigating the dual-jurisdictional legal landscapes of Mainland Tanzania and Zanzibar, Dr. Mwasongwe specializes in corporate infrastructure, cross-border anti-counterfeiting strategies, and regional commercial dispute resolution. He holds a Ph.D. in Corporate Law and serves as a trusted advisor to multinational corporations and foreign investors expanding into the East African Community.

Regulatory Disclaimer

Disclaimer: This publication is issued by GERPAT Solutions solely for informational and educational purposes. It does not constitute formal legal advice, nor does it establish an advocate-client relationship between the reader and the firm. While every effort has been made to ensure the accuracy of this regulatory blueprint, compliance requirements, statutory interpretations, and administrative protocols at both the Business Registrations and Licensing Agency (BRELA) and the Zanzibar Business and Property Registration Agency (BPRA) are subject to change. Corporate entities are strongly advised to seek independent, case-specific legal counsel before executing commercial or regulatory filings in Tanzania.