Country Overview
The United Republic of Tanzania (population approx. 67.5 million, 2024) is a lower-middle-income economy driven by agriculture, tourism, and a growing services sector. Tanzania’s IP framework reflects its “Union” structure: Mainland Tanzania (Tanganyika) and Zanzibar are distinct jurisdictions for IP administration, and protection in one territory does not extend to the other requiring separate filings and portfolio strategies.
Recent developments have materially affected enforcement on the Mainland, including a 2025 Court of Appeal decision impacting the enforceability of ARIPO trademark registrations and a mandatory requirement to record trademarks with the Fair Competition Commission (FCC) for imported goods. The legal system is based on English common law, and national policy includes a “Vision 2025” focus on semi-industrialization alongside rapid growth in digital and financial services.
Tanzania IP System Overview
Tanzania is a member of the World Trade Organization (WTO) and party to the Paris Convention and the Patent Cooperation Treaty (PCT).
- Mainland Tanzania: Administered by the Business Registrations and Licensing Agency (BRELA).
- Zanzibar: Administered by the Zanzibar Business and Property Registration Agency (BPRA).
Regional Status: Tanzania is a member of ARIPO (African Regional Intellectual Property Organization). However, due to the Lakairo ruling (2025), ARIPO trademark designations are currently unenforceable on the Mainland and must be re-filed nationally. ARIPO patents and industrial designs remain valid.
This section provides a high-level overview of jurisdiction-specific IP protection requirements and is not intended to be comprehensive. For advice on your specific matter, please contact our IP experts.
- Filing System and Classification:
Mainland Tanzania (Tanganyika) and Zanzibar operate separate trademark registration systems. Trademarks are classified under the Nice Classification (currently the 11th or 12th edition), and a separate single-class application is required for each class of goods or services. Trademarks covering alcoholic products are not registrable in Tanzania. - Term of Protection and Renewals:
In Mainland Tanzania, trademarks are initially registered for seven years from the date of registration, renewable for successive ten-year periods. Where a priority claim is made, the initial seven-year term is calculated from the priority date. In Zanzibar, trademarks are registered for an initial term of ten years from registration and are renewable for further seven-year periods. Renewals may be made indefinitely, subject to timely payment of renewal fees. Grace periods, typically up to six months, are available for late renewal upon payment of a surcharge. - International Frameworks:
Tanzania is a member of the Paris Convention and the WTO/TRIPS Agreement, allowing foreign applicants to claim priority under the Paris Convention. Tanzania is not a member of the Madrid System, and international trademark registrations cannot designate Tanzania. Although Tanzania has acceded to ARIPO’s Banjul Protocol on Marks, the protocol has not been implemented domestically, and ARIPO trademark registrations designating Tanzania are not currently enforceable. - Priority Claim Availability:
Priority claims are recognized under the Paris Convention. An applicant who has filed a trademark application in another Paris Convention member country may claim priority in Tanzania within six months of the earlier filing. Zanzibar similarly recognizes a six-month priority period. - Opposition Procedures:
Following examination and acceptance, trademark applications are published in the Official Trade Marks Journal for opposition. The opposition period in both Mainland Tanzania and Zanzibar is sixty days from the date of publication. Extensions may be granted in Mainland Tanzania for good cause, though oppositions are generally expected to be filed within the initial two-month period. - Registration Timelines:
In Mainland Tanzania, the trademark registration process typically takes approximately twelve to eighteen months in the absence of objections or oppositions. In Zanzibar, registration is generally faster and may be completed within approximately six months if unopposed. - Key Filing Formalities:
A power of attorney signed by the applicant is required to appoint a local agent in both Mainland Tanzania and Zanzibar. Notarization of the power of attorney is not required. In Zanzibar, the power of attorney must be issued in the name of an individual licensed agent. Applications may be filed in English or Kiswahili and must include a clear representation of the trademark. In Mainland Tanzania, a declaration confirming the applicant’s nationality is required prior to issuance of the registration certificate. - Maintenance Requirements:
Use of a trademark is not required for renewal; however, a registration may be vulnerable to cancellation if the mark is not used continuously for three years following registration. Renewal fees must be paid at the prescribed intervals to maintain protection. Recordals of assignments or licenses must be registered with supporting legalized documentation to be effective against third parties.
- Filing System and Patentability:
Patent protection in Tanzania requires separate filings for Mainland Tanzania (Tanganyika) and Zanzibar, as there is no single patent right covering both jurisdictions. Patent applications are governed by the Patents Act, 1987 (as amended) in Mainland Tanzania and the Industrial Property Act, 2008 in Zanzibar. Patentable inventions must be new, involve an inventive step, and be industrially applicable. Excluded subject matter includes scientific theories, plant and animal varieties, business methods, and methods of surgical or medical treatment, in line with international practice. Both jurisdictions apply an absolute novelty standard, subject to limited grace periods for disclosures made at official exhibitions. - Term of Protection and Maintenance:
In Mainland Tanzania, patents are granted for an initial term of ten years from the filing date and may be extended for two additional five-year periods, resulting in a maximum term of twenty years, provided the invention is being worked locally or there are legitimate reasons for non-working. In Zanzibar, patents are granted for a fixed term of twenty years from the filing date, with no working requirement for term extension. Annual maintenance fees are payable in both jurisdictions from the filing date. A six-month grace period is available for late payment with a surcharge, after which the patent will lapse. - International Frameworks:
Tanzania has been a Contracting State of the Patent Cooperation Treaty (PCT) since 1999, allowing international applications to enter the national phase in Mainland Tanzania and Zanzibar. Tanzania is also a member of ARIPO under the Harare Protocol for patents and industrial designs. ARIPO patent designations are generally recognized in Mainland Tanzania, while implementation in Zanzibar remains limited. Tanzania is a member of the Paris Convention, enabling foreign applicants to claim priority from earlier foreign filings. - Priority Claim Availability:
As a Paris Convention member, Tanzania allows patent applications in both Mainland and Zanzibar to claim priority from an earlier application filed in another Paris Convention country, provided the Tanzanian filing is made within twelve months of the earliest filing date. A certified copy of the priority application must typically be submitted within three months of filing. - Opposition and Examination:
In Mainland Tanzania, patent applications are subject primarily to formal examination, and there is no pre-grant opposition procedure. Applications are granted once formal requirements are satisfied and are published without third-party opposition. In Zanzibar, patent applications are published after formal examination, and interested parties may file pre-grant oppositions on grounds such as lack of novelty or inventive step. Opposition proceedings may include submissions, hearings, and a decision by the Registrar. In both jurisdictions, granted patents may be challenged post-grant through court invalidation proceedings. - Registration Timelines:
Patent registration in Mainland Tanzania generally takes approximately three years from filing, assuming no major procedural delays. In Zanzibar, the process is typically faster, averaging around two years to grant. These timelines may vary depending on examination backlogs and compliance with formal requirements. - Key Filing Formalities:
A power of attorney signed by the applicant and legalized by a Tanzanian embassy or consulate is required when filing through an agent in either jurisdiction. Late filing of the power of attorney is generally permitted within a prescribed period. Where the applicant is not the inventor, a legalized assignment from the inventor must be submitted. Patent applications must be filed in English and include a specification, claims, abstract, and drawings where applicable. Both Mainland Tanzania and Zanzibar recognize a six-month grace period for disclosures made at official exhibitions. - Maintenance Requirements:
Patent owners are required to pay annual maintenance fees from the filing date to keep the patent in force. In Mainland Tanzania, patents must be sufficiently worked within three years from grant to avoid exposure to compulsory licensing or potential cancellation. Working may be satisfied through local manufacture or adequate importation. A six-month grace period applies for late payment of annuities, after which unpaid patents lapse automatically.
- Filing System and Classification:
Industrial designs in Tanzania require separate filings in Mainland Tanzania and Zanzibar, as there is no unified design right covering both jurisdictions. In practice, designs are classified according to the Locarno Classification. Mainland Tanzania recognizes ARIPO regional design filings under the Harare Protocol; however, due to incomplete domestic implementation, national filings are often preferred for legal certainty. Zanzibar operates its own design registry under the Industrial Property Act, 2008 and related regulations. Each application must include drawings or photographs of the design from multiple views and a brief description. - Term of Protection and Renewals:
In Mainland Tanzania, a registered industrial design is protected for an initial term of five years from the filing date and may be renewed for two additional five-year terms, resulting in a maximum protection period of fifteen years. Renewal fees must be paid before expiry, with a six-month grace period available for late renewal upon payment of a surcharge. Zanzibar follows a similar regime, providing protection for up to fifteen years in total. No extension beyond fifteen years is permitted. - International Frameworks:
Tanzania is a member of the Paris Convention, allowing design applicants to claim a six-month priority from an earlier foreign application. Tanzania is also a member of ARIPO under the Harare Protocol for industrial designs. ARIPO design registrations designating Tanzania are intended to take effect in Mainland Tanzania, although enforcement uncertainties remain due to limited domestic implementation. Tanzania is not a member of the Hague Agreement, and international design registrations cannot designate Tanzania. - Priority Claim Availability:
Priority may be claimed under the Paris Convention if the Tanzanian design application is filed within six months of the earliest foreign filing. A certified copy of the priority application must be submitted within the prescribed period. Zanzibar similarly recognizes six-month convention priority for design applications. - Examination and Opposition:
Industrial design applications in both Mainland Tanzania and Zanzibar are subject only to formal examination. The offices verify compliance with filing requirements and ensure that the design is not contrary to public order or morality. There is no substantive examination of novelty and no opposition procedure. Designs are registered and published once formal requirements are met. Challenges to validity must be brought post-registration through court proceedings, typically on grounds such as lack of novelty or purely functional character. - Registration Timelines:
Design registration in Tanzania is relatively efficient, with registration typically completed within six to twelve months from filing, assuming no procedural issues. Registered designs take effect from the filing date. - Key Filing Formalities:
Applications must include clear drawings or photographs of the design, usually comprising up to seven views, and identification of the article to which the design applies. A brief description of the novel aesthetic features is recommended. A power of attorney signed by the applicant and legalized for foreign applicants is required to appoint a local agent. Where priority is claimed, a certified copy of the earlier foreign application and any required translation must be submitted. Applications may be filed in English or Kiswahili. - Maintenance Requirements:
There are no annual maintenance fees or use requirements for industrial designs in Tanzania. Protection is maintained solely through timely renewal at five-year intervals. If a design is not renewed, it lapses and enters the public domain. Marking products with the design registration number is optional but recommended as a deterrent.
- Protected Works and Formality:
Copyright in Tanzania is governed by the Copyright and Neighbouring Rights Act and protects original literary, artistic, musical, and audiovisual works automatically upon creation, without any registration or formality requirement. Protected works include books, articles, and computer programs; speeches and sermons; musical compositions; dramatic and choreographic works; audiovisual and cinematographic works; works of fine art such as paintings, drawings, sculpture, and architecture; as well as photographs, maps, and technical drawings. Neighboring rights covering performances, sound recordings, and broadcasts are also protected by statute. Authors may optionally deposit copies of their works with the Copyright Office (COSOTA) for evidentiary purposes, though this is not mandatory. - Term of Protection:
The general term of copyright protection in Tanzania is the life of the author plus fifty years after death. This applies to most literary, musical, and artistic works in line with Berne Convention standards. Certain categories are subject to specific terms, including sound recordings, which are protected for fifty years from publication (or fixation if unpublished), and broadcasts, which are protected for twenty years from the year of broadcast. Upon expiration of the applicable term, works enter the public domain. Moral rights, including the right of attribution and integrity, generally endure indefinitely or for at least as long as economic rights subsist. - International Frameworks:
Tanzania is a member of the Berne Convention and has ratified both the WIPO Copyright Treaty (WCT) and the WIPO Performances and Phonograms Treaty (WPPT). As a WTO member, Tanzania complies with TRIPS requirements for copyright protection. Foreign works originating from Berne or WTO member countries receive the same protection as local works under Tanzanian law. - Priority and Formalities:
Copyright protection does not depend on filing or registration, and priority claims are not applicable. Tanzania does not require registration or substantive examination of works. Voluntary registration or deposit with the Copyright Office is available for evidentiary purposes only. Authors are encouraged to retain proof of creation, such as drafts or dated manuscripts, for enforcement purposes. - Key Provisions:
Copyright law grants authors exclusive economic rights, including rights of reproduction, distribution, adaptation, public performance, and communication to the public, as well as moral rights. Statutory limitations and exceptions permit uses such as quotation, education, and news reporting. Rights holders may enforce their rights through civil proceedings and may seek border measures against pirated copies. Collective management of certain rights, particularly in the music sector, is administered through COSOTA. While the use of copyright notices is not mandatory, marking works with the author’s name and year of creation is considered good practice. - Regional Considerations:
Copyright legislation in Tanzania applies uniformly to both Mainland Tanzania and Zanzibar, unlike industrial property rights, which are governed by separate systems. Tanzania’s accession to the Marrakesh Treaty reflects its commitment to improving access to published works for persons with visual impairments through permitted special-format copies.
- Filing System and Legal Basis:
Tanzania protects plant varieties through Plant Breeders’ Rights (PBR) legislation aligned with the 1991 Act of the UPOV Convention. Mainland Tanzania is governed by the Plant Breeders’ Rights Act, 2012, while Zanzibar operates under its own Plant Breeders’ Rights Act, 2014. Tanzania became a member of UPOV on November 22, 2015. Mainland Tanzania and Zanzibar maintain separate PBR offices, so breeders seeking full territorial protection may need to file in both jurisdictions, although substantive standards are largely harmonized. - Scope of Protection:
Plant Breeders’ Rights may be granted for plant varieties of any genus or species, subject to regulatory exceptions. To qualify, a variety must be new, distinct, uniform, and stable (DUS criteria). The granted right confers exclusive control over the production, reproduction, sale, export, import, and conditioning of propagating material of the protected variety. Protection extends to essentially derived and certain dependent varieties. Farmers’ varieties and landraces benefit from more flexible distinctness and uniformity requirements to encourage local innovation. Small-scale farmers are permitted to save and exchange seed for non-commercial use on their own holdings under the farmers’ privilege. - Term of Protection:
Plant Breeders’ Rights in Tanzania are granted for a non-renewable term of twenty years from the date of grant for most plant species, and twenty-five years for trees and vines. These terms apply in both Mainland Tanzania and Zanzibar and represent the maximum duration of exclusive rights, after which the protected variety enters the public domain. - International Frameworks:
As a member of UPOV (1991 Act), Tanzania’s PBR system conforms to international standards and allows breeders to claim priority when filing in other UPOV member countries. Tanzania recognizes a twelve-month priority period for PBR applications filed first in another UPOV member state. Tanzania is also a party to ARIPO’s Arusha Protocol for Plant Variety Protection, though the protocol is not yet in force, and protection currently must be obtained through national filings. - Application Requirements:
Applications for Plant Breeders’ Rights must be filed with the relevant Breeders’ Rights Office under the Ministry of Agriculture. Applicants must submit a detailed technical description of the variety, evidence supporting distinctness, uniformity, and stability, and a proposed denomination (variety name). A legalized power of attorney is required when filing through an agent. Where genetic material has been accessed from local genetic resources, proof of compliance with access and benefit-sharing regulations may be required. Growing trials are conducted to verify DUS criteria, although UPOV examination reports may be accepted in certain cases. - Examination and Grant:
PBR applications undergo substantive examination, including growing tests, to confirm compliance with DUS requirements. Upon successful examination, the proposed denomination is approved and the application is published. Third parties may file objections or oppositions following publication, for example on grounds of lack of novelty or denomination conflict. If no objections are sustained, a Plant Breeder’s Right certificate is granted. - Farmers’ Rights and Compulsory Licensing:
Tanzanian PBR law incorporates exemptions for farmers and researchers. Farmers may save and reuse protected seed for non-commercial use on their own farms, and protected varieties may be used freely for research and breeding purposes. The government retains the power to grant compulsory licenses in the public interest, including situations where seed supply is inadequate or unaffordable, subject to fair compensation to the breeder. - Maintenance Requirements:
Once granted, Plant Breeders’ Rights are subject to limited maintenance obligations, which may include nominal annual fees. The breeder must maintain the essential characteristics of the variety throughout the protection term. Rights may be revoked if the variety is later found not to meet DUS criteria, if required fees are not paid, or if propagating material is not supplied for official verification. Breeders must also maintain and consistently use the approved variety denomination. If the breeder abandons the right or ceases to exist, the PBR may lapse.
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