Assignment is a voluntary and contractual transfer, whereby the owner of a trademark executes a written agreement to transfer ownership to another person or entity, either wholly or partially, and with or without the goodwill of the business. In contrast, Transmission is an involuntary transfer that occurs by operation of law, without the need for…
The African Regional Intellectual Property Organization (ARIPO) offers a centralized route for seeking trademark protection across multiple member states through the Banjul Protocol on Marks. This system is highly efficient for applicants seeking protection in several African countries, including Mainland Tanzania. 1. Overview of the ARIPO System 2. The ARIPO Filing Process An ARIPO application…
The Court of Appeal of Tanzania (at Dodoma) delivered a significant judgment in LAKAIRO INDUSTRIES GROUP CO. LIMITED & 2 others vs. KENAFRICA INDUSTRIES LIMITED & 2 others, (Civil Appeal No. 593 of 2022), which has significant, far-reaching consequences for intellectual property (IP) protection and cross-border trade in the East African Community (EAC) by overturning…
Question Legal Basis (Regulation) Answer 1. Is trademark recordal mandatory in Tanzania? Merchandise Marks Act [Cap. 85], Section 11A (as added by the Finance Act, 2025) and Regulation 3(1). Yes. The Act makes recordal compulsory for all imported goods bearing a mark into Mainland Tanzania. Regulation 3 sets out the application requirement. 2. Who needs…
The Bank of Tanzania (BoT) has issued its Draft Cloud Computing Guidelines for Financial Service Providers, 2025, a landmark document that significantly updates and supersedes the 2023 guidelines. This new framework goes beyond general recommendations to establish a clear and comprehensive regulatory system with explicit penalties for non-compliance. For RIVE& Co.’s clients, understanding these changes…
The question of whether a foreign trademark registration suffices for customs enforcement in Tanzania is definitively answered by the country’s new border control regulations. The clear answer is No: a foreign registration alone is insufficient. The legal instrument that creates this mandate is Regulation 3(2)(a) of the Merchandise Marks (Recordation) Regulations, 2025 (Government Notice No….
Tanzania’s Fair Competition Commission (FCC) has unveiled a landmark development in the nation’s intellectual property framework. This new system, which mandates the recordation of all trademarks related to imported goods, is a significant legislative stride towards a more robust and proactive anti-counterfeiting regime. Effective December 1, 2025, this measure is enacted under Section 11A of…
The protection of intellectual property rights in Mainland Tanzania is fundamentally governed by the Trade and Service Marks Act, Chapter 326 of the Laws of Tanzania, Revised Edition of 2023 (Cap. 326 R.E. 2023). This Act establishes a rigorous, formal opposition process overseen by the Registrar of Trade and Service Marks at the Business Registrations…
Zanzibar’s white-sand beaches and surging tourism economy make it an incredibly attractive hub for foreign capital. However, the concept of “land purchase” for non-citizens in Zanzibar operates under a specific legal framework governed primarily by the Land Tenure Act of 1992. Foreign investors cannot acquire freehold ownership; instead, they secure their interests through a secure,…
Protecting a brand in Zanzibar—an autonomous region of Tanzania with its own distinct intellectual property (IP) laws—requires diligent attention, particularly when it comes to renewing your trademark registration. Governed by the Zanzibar Industrial Property Act of 2008, the process of renewal is essential for maintaining the exclusive rights to your brand. Trademark Duration and Renewal…