Tanzanian Court of Appeal Decision Nullifying ARIPO Trademark Protection Designating Tanzania by Jehad Ali E Hasan and Mohcine Fattah

Tanzanian Court of Appeal Decision Nullifying ARIPO Trademark Protection Designating Tanzania by Jehad Ali E Hasan, Chief Executive Officer, and Mohcine Fattah, IP Senior Director, of JAH Intellectual Property, LLC, Tanzania. In The Global IP Magazine Issue 24, Jehad Ali E Hasan, Chief Executive Officer, and Mohcine Fattah, IP Senior Director at JAH Intellectual Property, LLC, Tanzania, examine a landmark decision by the Tanzanian Court of Appeal that has nullified ARIPO trademark protection designating Tanzania. The ruling confirms that the Banjul Protocol on Marks was never domesticated into national law, rendering ARIPO registrations unenforceable within the country and creating an urgent need for national refiling.

A Seismic Judicial Determination

On 26 September 2025, the Court of Appeal of Tanzania delivered a decisive ruling in Civil Appeal No. 593 of 2022, fundamentally altering the IP protection landscape in the jurisdiction. The Court held that although Tanzania is listed as having acceded to the Banjul Protocol under ARIPO, the Protocol was never formally incorporated into domestic legislation. Without parliamentary enactment, the Protocol has no legal force within Tanzania. ARIPO Registrations Deemed Unenforceable

The practical implication is immediate and severe: trademarks registered via ARIPO designating Tanzania do not exist under Tanzanian law. Brand owners relying solely on regional filings cannot enforce their rights, initiate infringement proceedings, oppose conflicting marks, or rely on such registrations for licensing arrangements within the country.

Territoriality Principle Reinforced

The judgment reaffirms a foundational doctrine of intellectual property law territoriality. Exclusive trademark rights arise only through domestic registration unless an international instrument has been formally enacted into national law. Diplomatic accession alone is insufficient. This ruling clarifies that regional IP mechanisms cannot substitute for national legislative incorporation. ARIPO’s Official Response

Following the ruling, the ARIPO Secretariat issued Circular ARIPO_BP/2025/1, acknowledging the legal defect and confirming that Tanzania is no longer eligible for designation under the Banjul Protocol until further notice. This administrative suspension prevents new regional filings designating Tanzania and confirms the compromised legal status of existing ARIPO registrations. An Immediate Risk for Brand Owners

The decision creates a significant protection gap. Marks believed to be secured regionally are now vulnerable to copying and exploitation within Tanzania. Brand owners who relied exclusively on ARIPO designations lack enforceable rights and face exposure to infringement risks without legal recourse. Urgent Strategic Pivot to National Filings

The only reliable solution is immediate national refilling. The authors strongly recommend that all proprietors with ARIPO registrations designating Tanzania file new parallel applications directly with the Tanzanian trademark office. For future filings, the national route remains the only viable path to securing enforceable trademark protection until the Banjul Protocol is formally domesticated.

Legislative Resolution May Take Time

Although ARIPO’s Director General has indicated that Tanzania is pursuing legal and diplomatic avenues to domesticate the Protocol, brand owners cannot afford to delay. Commercial investments and brand value require enforceable protection now, not at an uncertain future date.

Conclusion

The Tanzanian Court of Appeal’s ruling serves as a powerful reminder that intellectual property rights remain fundamentally territorial. While regional systems offer administrative convenience, enforceability ultimately depends on national law. For businesses operating in East Africa, proactive national refiling in Tanzania is not merely advisable; it is essential to close the legal gap and secure meaningful trademark protection.

Read the full article in The Global IP Magazine Issue 24, essential reading for international brand owners, IP practitioners, and companies navigating ARIPO and East African trademark strategy.

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