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On 26 September 2025 the Court of Appeal of Tanzania handed down a pivotal judgment confirming that African Regional Intellectual Property Organization (ARIPO) trademark registrations designating mainland Tanzania are not enforceable.
In its decision, the Court held that the Banjul Protocol on Marks, which provides for the regional registration of trademarks under ARIPO, has not been ratified or incorporated into Tanzanian law through the Trade and Service Marks Act, Cap. 326. As a result, the Protocol has no legal force or effect in mainland Tanzania.
In Lakairo Industries Group Co. Ltd & Others v. Kenafrica Industries Ltd & Others, the Court reaffirmed the principle that international instruments, such as the Banjul Protocol, do not take effect domestically unless formally ratified and enacted through national legislation. The court subsequently found that the appellants could not have infringed the respondent's ARIPO trademarks, as such registrations are not recognised under national law.
Although Tanzania is recorded by ARIPO as having acceded to the Banjul Protocol on 1 September 1999 it has not ratified the Protocol through national legislation.
Implications for Trademark Owners
This judgment provides crucial clarification on the territorial nature of trademark protection in Tanzania.
Until such time as the Banjul Protocol is ratified and incorporated into national law:
- ARIPO trademark registrations designating Tanzania do not afford enforceable rights in mainland Tanzania; and
- Trademark proprietors must obtain national registrations in Tanzania to secure valid and enforceable rights in the jurisdiction.
Distinction from Other ARIPO Rights
It is important to note that the court's decision is limited to trademarks and does not affect ARIPO patents or utility models, which continue to be valid and enforceable in Tanzania under the Harare Protocol.
The content of this article is intended to provide a general guide to the subject matter. Specialist advice should be sought about your specific circumstances.
