ARIPO registration

I am a Ugandan entrepreneur expanding my skincare brand across East Africa. I registered my brand ‘GlowRoot’ under ARIPO, thinking it would protect me in all member countries. I recently discovered that a Tanzanian company is using the same name for its products. When I tried to stop them, I was told my ARIPO registration doesn’t count in Tanzania. But I thought ARIPO covered the whole region. Isn’t that the point of a regional registration? Please guide me on the Tanzanian law.

GH, Dar es Salaam

This is a common and costly misunderstanding concerning ARIPO registration and its enforcement in Tanzania. Trade-mark protection is not automatic across borders. Even if countries are members of ARIPO, for dualist countries, they must domesticate the relevant Trademark protection protocols into their national law. A dualist country treats international law and domestic law as separate systems.
Tanzania is a dualist country, meaning international treaties must be incorporated into national law by Parliament before they have legal effect domestically. Article 63(3)(e) of the Constitution of the United Republic of Tanzania, 1977, is clear that the National Assembly shall have the authority to ratify treaties and agreements concluded by the Government of the United Republic and to enact legislation for implementing such treaties. Tanzania has not domesticated the Banjul Protocol, so ARIPO registrations do not have legal weight in this country. According to the Trade and Service Marks Act, Cap [R.E 2023], it is clear that the first person to register a mark in Tanzania obtains exclusive rights. If someone else registers your brand locally before you do, even if you have an ARIPO certificate, they will likely win. Consult your lawyer for further guidance.