Key Changes to Mainland Tanzania’s Intellectual Property Laws Under the Written Laws (Miscellaneous Amendments) Act, 2026

Mainland Tanzania has introduced significant changes to its intellectual property framework through the Written Laws (Miscellaneous Amendments) Act, 2026 (Act No. 6 of 2026), assented on 19 September 2026 and published in the Gazette on 2 October 2026 (Gazette No. 40, Vol. 107).

The amendments affect the Trade and Service Marks Act (Cap. 326) and the Patents (Registration) Act (Cap. 217), introducing changes to ARIPO trade marks and industrial designs, non-traditional and well-known marks, collective and certification marks, and patent and design terms. Zanzibar maintains a separate intellectual property framework.

Status of existing rights

The amendments clarify the status of existing national registrations and certain regional rights. Under Section 28A, trade or service marks registered by ARIPO on or after 1 September 1999 and designating Mainland Tanzania are deemed registered under the Act, unless the Registrar communicated to ARIPO a decision that the mark would have no effect in the United Republic. This addresses the Court of Appeal of Tanzania’s decision of 26 September 2025, which held that ARIPO trade marks designating Mainland Tanzania were unenforceable because the Banjul Protocol had not been domesticated.

Valid national registrations remain in force, while Section 19A(4) preserves bona fide use of marks predating the commencement of the well-known marks provision. Similarly, Section 76(2) recognises qualifying industrial designs registered under the ARIPO framework before commencement of the amendment.

Key Amendments to the Trade and Service Marks Act (Cap. 326)

1. Modernised definitions and Non-Traditional Marks

The definition of a trade or service mark now covers “any sign or combination of signs capable of distinguishing goods or services of one undertaking from those of other undertakings.” The restrictive definition of “visible sign” has been deleted, and “sign” expressly includes 3D shapes, colours and combinations of colours, stylised letters, words and numerals, get-ups and holograms.

2. Collective and Certification Marks

New Sections 16A and 16B provide for registration of collective marks distinguishing members’ goods or services from those of non-members, and certification marks identifying goods or services certified by reference to origin, material, manufacturing method, quality or accuracy. Certification mark proprietors must not commercially trade in the certified goods or services, and applicants must deposit with the Registrar a regulating instrument governing the mark’s use, authorisation and inspection.

3. Protection of Well-Known Marks

New Section 19A gives effect to Article 6bis of the Paris Convention and Article 16 of the TRIPS Agreement. Marks belonging to nationals of, or persons or entities domiciled in, Paris Convention countries may qualify for protection in Mainland Tanzania regardless of whether their proprietors conduct business or possess goodwill there.

In determining whether a mark is well-known, the Registrar must consider relevant factors, including public recognition, duration and geographical extent of use and promotion, registrations and applications reflecting recognition, successful enforcement and the mark’s value. Eligible proprietors may seek injunctions against confusing use of identical or similar marks for identical or similar goods or services. Registration must be refused where a mark is likely to impair or interfere with, or take unfair advantage of, the distinctive character of a well-known mark.

4. Pre-acceptance Advertisement

Amended Section 26(2) empowers the Registrar to advertise applications before acceptance in exceptional circumstances, introducing flexibility into the examination process.

Key Amendments to the Patents (Registration) Act (Cap. 217)

1. Uniform patent term

Replacement Section 39 establishes a uniform patent term of 20 years from the filing date, replacing the previous initial 10-year term, which could be extended subject to statutory conditions.

2. Regional and International Industrial Designs

Part XVII has been renamed “Designs Registered Under Regional or International Instruments.” Under amended Section 76, industrial designs registered through regional or international instruments designating Mainland Tanzania, including ARIPO’s Harare Protocol, have direct domestic legal effect unless the Registrar formally communicates a decision of non-effect to the relevant regional office. Section 76(2) extends recognition to qualifying designs recognised before commencement of the amendment.

Amended Section 74(5) replaces the seventh year with the tenth year, extending the renewable industrial design term by three years to ten years from the filing date.

Practical Considerations for IP Right Holders

Brand owners and practitioners should review historical ARIPO trade mark designations and industrial design registrations to assess their status and enforcement options in Mainland Tanzania. Businesses should also consider registering distinctive non-traditional marks, while patent and design proprietors should review their portfolios against the revised law.