The “Silk Road” of African trade has hit a major legal roadblock. On September 26, 2025, the Court of Appeal of Tanzania confirmed what many experts feared: the Banjul Protocol was never properly integrated into the country’s domestic laws. Consequently, thousands of ARIPO-designated trademarks are now considered legally void within Tanzanian borders.
At Exy Intellectual Property, we specialize in the “minutiae” of these regional shifts. As of March 2026, the window for “wait and see” has closed. Immediate action is required to move from regional uncertainty to national certainty.
The Enforcement Gap: ARIPO vs. National Registration
| Feature | ARIPO (Banjul Protocol) | National Registration (BRELA) |
| Legal Standing | Invalid/Unenforceable | Full Legal Force |
| FCC Recordal | Not Accepted (as of Jan 2026) | Mandatory for Enforcement |
| Court Protection | Claims dismissed as “untenable” | Actionable per se |
| Designation Status | Suspended (BP/2025/1) | Available & Recommended |
Why the FCC Update Changes Everything
The stakes were raised on January 10, 2026, when the Tanzania Fair Competition Commission (FCC) declared they would no longer recognize ARIPO or International registrations for recordal purposes. If you want to stop counterfeits at the border, you must have a national BRELA certificate.
3 Urgent Steps for Global Brand Owners
- Portfolio Audit: Identify every mark in your system that relies on an ARIPO designation for Tanzania.
- File National Applications: Submit direct filings with BRELA for Mainland Tanzania immediately. Do not wait for the government to “domesticate” the protocol, as there is no confirmed timeline for legislative change.
- Secure Zanzibar: Ensure you have parallel protection with the Zanzibar Industrial Property Office (ZIPO) for complete coverage across the United Republic.
Conclusion: Vision and Strategy with Exy IP
“Your brand is who you are.” In the wake of the Lakairo decision, your brand’s identity in Tanzania is only as strong as your local certificate. At Exy IP, we provide the vision and strategy to navigate these “territorial” challenges, ensuring your commercial edge is never blunted by administrative technicalities.
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