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A landmark ruling confirms that ARIPO trademarks have no legal effect in Tanzania unless the Banjul Protocol is domesticated into national law.
Court of Appeal Rules ARIPO Trade Marks Unenforceable in Tanzania
In a significant ruling delivered on 26 September 2025 and reported on 18 December, Tanzania's Court of Appeal confirmed that ARIPO trade marks designating Tanzania have no legal effect within the country unless the Banjul Protocol is domesticated. The case of Lakairo Industries v. Kenafric Industries reinforces the principle that trademark rights in Tanzania are purely territorial and must be secured through local registration.
The decision offers important clarity for regional businesses: ARIPO filings alone are insufficient, and companies must register directly with Tanzanian authorities to obtain enforceable rights. The government has signalled intentions to address this legal gap, but for now, businesses must adjust their filing strategies accordingly and prioritise national filings.
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