Following the landmark decision of the Court of Appeal of Tanzania in Civil Appeal No. 593 of 2022 (Lakairo Industries Group Co. Limited & Others vs Kenafrica Industries Limited & Others), Tanzania has officially suspended the effect of ARIPO trademarks designating Tanzania.

The Court clarified that trademark registration through ARIPO with a designation of Tanzania does not have legal force or recognition in Tanzania unless the trademark is also registered directly under Tanzanian national law. This judgment was grounded on the principle that international treaties such as the Banjul Protocol do not form part of Tanzanian law unless domesticated by Parliament under Article 63(3)(e) of the Constitution.

As a result, the Business Registration and Licensing Agency (BRELA) has taken administrative steps to suspend all ARIPO trademark entries designating Tanzania. Going forward, **ARIPO filings do not confer protection in Tanzania unless a national application is made under the Trade and Service Marks Act [Cap. 326 R.E. 2002]. 

What This Means for You

• Foreign clients and brand owners who previously relied on ARIPO filings must now register directly in Tanzania to ensure enforceable rights.

• Any reliance on ARIPO designation in Tanzania without parallel national registration risks invalidity or non-enforceability.

• At Eden Law Chambers, we assist international clients from Europe, the US, China, India, and other jurisdictions in:

  • Conducting national trademark searches in Tanzania and Zanzibar;

  • Filing direct national applications in compliance with Tanzanian law;

  • Reviewing existing portfolios and rectifying gaps caused by invalid ARIPO designations;

  • Advising on enforcement options, oppositions, and renewals.