In January 2026, the government of Tanzania published a bill titled Written Laws (Miscellaneous Amendments) Act, 2026. This bill proposes amendments to various laws applicable within Tanzania, including key legislation related to intellectual property such as the Patents (Registration) Act and the Trade and Service Marks Act.
Recognising intellectual property as intangible assets derived from human creativity, the proposed amendments aim to strengthen the protection framework for intellectual property rights in Tanzania. A significant focus of these amendments is the formal recognition and protection of international and regional IP rights, well-known marks and designs, both at the national and international levels, thereby enhancing legal safeguards for intellectual property holders.
Tanzania is party of several international intellectual property agreements and protocol. The effectiveness of such international instrument in Tanzania depends on their domestication into the national law. This means, a mere rectification of international protocol does not automatically make it enforceable in Tanzania unless it’s incorporated within the country’s laws. This development reaffirms the position of country in undertaking its obligation under international legal instruments which Tanzania is a party.
As a general rule in this case all trademarks registered under ARIPO had no any legal force in Tanzania (protection right) since the country did not domesticate the protocol to the domestic laws. As a result, the Written laws (Miscellaneous Amendments) Act,2026 aims at proposing significant amendment as follows:
The Trade and Service Marks Act governs the registration and protection of trade and service marks, along with related matters. The proposed amendments include the following key changes:
The amendment seeks to extend protection to trade and service marks registered by the African Regional Intellectual Property Organisation (ARIPO). This protection will apply to all trademarks registered on or after the date the Banjul Protocol on Marks came into force. Specifically, all marks registered from September 1, 1999 the date the Protocol became effective for the United Republic of Tanzania will be granted legal protection under the amended law.
The amendment proposes to extend protection to well-known marks recognized under the Paris Convention and the TRIPS Agreement. For a mark to be protected as well-known in Tanzania, it must meet specific criteria, including being owned by a person who is either a national of a Paris Convention member country, domiciled in such a country, or has a real and effective industrial or commercial establishment there. This protection applies regardless of whether the owner conducts business or holds goodwill within Tanzania.
Prior to these proposed amendments, the trademark laws did not address certification marks. The proposed changes seek to introduce protection for signs, or combinations of signs, that distinguish goods or services certified by any person or entity in the course of trade. Such certification may relate to the kind, quality, quantity, intended purpose, value, geographical origin, or other characteristics of the goods or services, as well as the mode or timing of their production or delivery.
Protection will be granted once the court or registrar certifies that the mark meets the necessary qualifications.
The proposed amendments seek to protect marks that distinguish, in the course of trade, the goods or services of members of an association from those of non-members. Protection will be granted through the registration of such marks as collective trademarks or service marks, filed in the name of the association and covering the relevant goods or services.
The amendment proposes new definition of trade or service mark as any sign or combination of signs capable of distinguishing goods or services of one undertaking from those of other undertakings.
The Patents (Registration) Act provides a legal framework to promote inventiveness and innovation by facilitating the acquisition of technology on fair terms. It governs the grant and regulation of patents, utility certificates, and innovation certificates to support technological advancement.
The proposed amendments include the following key changes:
The amendment intends to give power to the Minister, on the recommendations of the Registrar, by notice published in the Gazette, exclude from patentability inventions relating to specified kinds of products or processes for the manufacture of such products, for a period not exceeding ten years.
The amendment proposed on the recognition of designs registered both international and Regional flamework. All designs registered under Regional or International instruments which the United Republic is a designated state, shall have the same effect in Tanzania.
The amendment proposes to enlarge the term of patent from ten to twenty years from the date of filing an application.
The amendment proposes to enlarge the term of utility modes from seven to ten years from the date of filing an application.
Mkama M. Kalebu is a seasoned intellectual property lawyer based in Tanzania and Zanzibar, with extensive experience acting as an agent and legal advisor for major companies in the enforcement of their IP rights across Tanzania and the wider African region. Mkama specializes in providing expert training on intellectual property law and advising high-profile clients on managing their IP portfolios effectively. His deep understanding of the regional IP landscape makes him a trusted advisor for businesses seeking to protect and maximize their intangible assets.
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Antonia J. Nduttu is a junior intellectual property associate currently training at Darstate Attorneys. Passionate about learning and growth, she is dedicated to developing her expertise in IP law with the aspiration of becoming a distinguished intellectual property lawyer on the global stage. Antonia’s commitment to excellence and continuous learning positions her as a promising talent in the field of intellectual property.
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