By Dr Team
1. The firm’s expertise in IP Law.
Being a growing economy, Tanzania offers exciting opportunities for business growth through creativity and innovation. Unfortunately, many businesses lose fortunes due to a lack of proper legal advice on handling the product of their creativity and innovation. AfriCorp brings a spot-on solution to this. It promises to be a reliable partner to ensure the protection of creative and innovative efforts. As a result of our long-proven experience, we provide our clients with assistance.
2. How to Legally Protect Your Brand?
To identify all works that qualify for intellectual property rights protection under both national and international laws.
To handle all filing and registration requirements at the national, regional, and market levels to identify infringements or potential infringements of intellectual rights.
And to address such infringements in the relevant courts and tribunals.
3. What to do if you encounter a Counterfeit?
Do Not Use It: Avoid using or consuming the suspected counterfeit product, as it may pose serious health or safety risks.
Preserve the Evidence: Keep the product, packaging, receipt, and any related materials. Do not alter or dispose of them.
Report It Immediately: Contact the relevant authorities or anti-counterfeit agency in your country. In Tanzania, you can report to:
- Fair Competition Commission (FCC)
- Police or Customs Office
- Brand Owner or Manufacturer
Avoid Further Distribution: Do not share or resell the product. Inform others to prevent harm and reduce circulation.
Raise Awareness: Educate your community about the dangers of counterfeit goods and how to identify them.
4. How to Identify Counterfeit Products
Unusually Low Price: If the price seems too good to be true, it probably is.
Poor Packaging Quality: Look for spelling errors, low-quality printing, or packaging that looks different from the original.
Missing or Inaccurate Labels: Lack of manufacturer information, expiration date, barcode, or certification marks.
Suspicious Sellers: Products sold in unauthorized outlets, street vendors, or unverified online platforms.
Unfamiliar Branding: Slight differences in logos, fonts, or product names from the known brand.
Product Performance Issues: Poor quality, strange smell, or unexpected side effects, especially in pharmaceuticals or cosmetics.
5. Counterfeits and the Law.
Counterfeiting is a criminal offence under Tanzanian law, punishable by fines, imprisonment, or both.
Key Applicable Laws.
- The Merchandise Marks Act, Cap. 85 (R.E. 2002)
- The Fair Competition Act, 2003
- The Standards Act, 2009
- Customs Laws and Regulations
Offenses Include
- Manufacturing or importing counterfeit goods
- Selling or distributing fake products
- Using false trademarks or packaging
- Aiding and abetting counterfeit trade
Penalties: Contravention attracts severe consequences, including Fines and Imprisonment, Seizure, Recall and destruction of counterfeit goods
Your Role
- Comply: Ensure your business meets all branding, packaging, and trademark requirements
- Report: Notify authorities such as the Fair Competition Commission (FCC) or the Tanzania Bureau of Standards (TBS)
ii. Educate: Help raise awareness to reduce demand and protect consumers.
6. For more information on how AfriCorp Attorneys can assist you, please visit www.africorp.co.tz
The provided legal services range from IP Registration, Compliance and Prosecution.
This article is not intended to replace professional advice. No one should rely exclusively on the information provided as a substitute for seeking professional advice. The writers or the Firm are not liable for any use of the information contained herein and do not guarantee the accuracy of its contents from the date of publication to the date of usage. For contact: temu@africorp.co.tz
AfriCorp Attorneys
Phone Number: +255 22 211 0660
Amverton Office Park, Plot No 64 Lugalo Street
Dar es Salaam, Tanzania
