The Court of Appeal in Tanzania has recently reaffirmed that trade marks registered via the Banjul Protocol under the African Regional Intellectual Property Organization (ARIPO) are not legally recognised or enforceable in Tanzania.

Tanzania has acceded to the Banjul Protocol on the international level but has not ratified the Protocol into its national law. Because the Protocol is not part of Tanzania's domestic legal framework, ARIPO registrations designating Tanzania have no legal effect within the country.

This means that for trade mark protection and enforcement in Tanzania, proprietors must file national applications directly with the Business Registrations and Licensing Agency (BRELA).

The recent ruling in a trade mark infringement case reinforces the need for a robust strategy that includes direct national filings for trade mark protection in Tanzania, in addition to regional or international applications.