The law gives the Minister responsible for trade affairs upon publication in the Gazette, prohibition importation into Tanganyika for sale of goods of any class or description unless in compliance with requirement in place. The aim of the law is to prevent counterfeit products from being imported into the country. However, despite the many efforts of the government and various stakeholders, there have been many fake products entering the country.

For instance, in 2024 the Fair Competition Commission (FCC) reported that 2.5% to 3.5% of goods traded in the country are counterfeit. In 2023 Tanzania Medicines and Medical Devices Authority (TMDA) in the Western Zone revealed the seizure of counterfeit human medicines valued at US$20,000 in the regions of Katavi, Tabora, and Kigoma .

The above statistics shows the scale of the counterfeiting problem in Tanzania. At various times, the Fair Competition Tribunal and High Court in Tanzania have heard cases related to counterfeit products.

In the recent case of Sanlg Worldwide Investment Guangzhou Hetian Auto Parts Co. Limited Vs. Wu Zhou Investment Company Limited (Commercial Case No. 592 of 2024), the court made it clear that counterfeiting is a crime as prescribed under the Merchandise Marks Act. It further held that, all counterfeiting amount to trademark infringement because it involves use of trademark in manufacturing goods or importation of goods without trademark owner's.

Introduction of Recordation of Trademarks of Imported Good

The government through the Finance Act of 2025 proposes mandatory requirement for all Trademarks relating to goods to be imported in Mainland irrespective of the place of registration, to be recorded with the Chief Inspector. In light of these proposed mandatory legal requirements, the government is expected to introduce guidelines/regulation prescribing the manner of recordation of trademarks of imported goods.

Other importance of Recordation of Trademarks

Recordation of Trademarks of imported goods comes with a bundle of benefits to the owner of the goods, both nationally and internationally. Some of these benefits include:

i. In commercialization of trademark

This reform aims to help trademark owners and anyone interesting to do business with the owner of the trademark, either through assignment, franchising or licensing, to obtain complete information about the brand and ownership of the product. This process will also help in setting the price of the commercial agreement.

ii. Control of counterfeit goods at the imports.

The absence of this system makes it difficult to prevent counterfeit goods from entering the country. The introduction of this registration system will now allow customs authorities to easily identify the owner of all goods entering the country. This will also enable the owner to monitor and detain counterfeits products and shipments.

iii. Exclusivity of use.

This system will now enable a product manufacturer to ensure exclusivity of use of similar products in the country. This means that no one else will be able to manufacture a product like theirs and import or sell it here in the country.

iv. Public notice

This system will bring and ensure transparency and allow Tanzanian citizens to stay informed about the products. This will also facilitate evidence once needed either in court or judicial tribunals.

With this major revolution, Darstate Attorneys, we have great hopes in ensuring the elimination of counterfeit products in Tanzania. We urge product owners to ensure they register their products as soon as this system comes into effect.

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