Court of Appeal of Tanzania Rules on Enforceability of ARIPO Trademarks

DAR ES SALAAM - On September 26, 2025 the Court of Appeal of Tanzania handed down a pivotal judgment confirming that African Regional Intellectual Property Organization (ARIPO) trademark registrations designating mainland Tanzania are not enforceable.

In its decision, the Court held that the Banjul Protocol on Marks, which provides for the regional registration of trademarks under ARIPO, has not been ratified or incorporated into Tanzanian law through the Trade and Service Marks Act, Cap. 326. As a result, the Protocol has no legal force or effect in mainland Tanzania.
The Court reaffirmed the principle that international instruments, such as the Banjul Protocol, do not take effect domestically unless formally ratified and enacted through national legislation. The court subsequently found that the appellants could not have infringed the respondent’s ARIPO trademarks, as such registrations are not recognized under national law. 

Although Tanzania is recorded by ARIPO as having acceded to the Banjul Protocol on September 1, 1999 it has not ratified the Protocol through national legislation.