ESSENTIAL CHANGES TO MICROFINANCE SERVICE PROVIDERS 2025

The micro finance service providers are governed by Bank of Tanzania, which gives license to operate within the country, existence of laws and regulations is to enable compliance of these institutions. The main services offered by the microfinance service providers are financial services like loans, savings, insurance products and financial literacy from banks, credit companies and digital lenders.

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AFRICAN INITIATIVE AGAINST MISAPPROPRIATION OF TRADITIONAL KNOWLEDGE

Have you ever wondered what Traditional Knowledge (TK) means? Does your community have Traditional Knowledge (TK)? What priority do you give to it, and how does it help bring about the development of your community and other communities around you? What steps do you take to protect it?

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PCT Regional Phase Entry in African (ARIPO)

Not every person has mandate to file PCT regional phase entry in ARIPO. It is for the applicant who is a resident or whose principal place of business is situated in the Contracting State.

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CNIPA Accelerated Patent Examination at ARIPO

Do you have a patent whose claims have been determined to be patentable by China National Intellectual Property Administration (CNIPA) as the Office of Earlier Examination (OEE)?

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PCT National Phase in Tanzania

Strategic patent protection require adherence to the prescribed time limit for Entering National Phase. In Tanzania, Time Limits for Entering National phase under PCT Chapters 1 (Article 22) is 21 months from the priority date and Chapter II (Article 39(1) is 31 months from the priority date.

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MEDIA, ENTERTAINMENT AND SPORTS IN TANZANIA

The media, entertainment, and sports industry is a global industry that includes film, television, radio, print, sports, music, and performing arts. It's a multi-billion dollar industry that's driven by creativity, innovation, and consumer demand, it faces distinct challenges particularly in the age of digital transformation. As the country continues to grow economically and culturally, these sectors are likely to evolve, contributing to Tanzania's broader socio-economic development.

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UNPACKING THE VIRTUES OF LITIGATING CONTRACT TERMS

A contract is an agreement between two or more parties that creates legally binding obligations. From rental agreements to employment contracts and online terms of service, these documents outline the obligations and rights of the parties involved. However, what happens when one party fails to meet their obligations? This is where the concept of "litigating virtues" refer to its clarity, precision, and enforceability of a contract.

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LOCAL CONTENT REQUIREMENTS IN MINING ACTIVITIES IN TANZANIA

According to the Mining (Local Content) Regulations, 2018 (Regulations) "mining activities" means any activity engaged in within and outside Tanzania related to the exploration for, development and production of minerals,

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ADMINISTRATION OF ESTATE AFTER THE OWNER’S DEATH IN TANZANIA

Executor or administrator can administer deceased estate. Deceased estate is administered by executor when the owner died testate and appointed an executor through the deceased will.

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ZANZIBAR INDUSTRIAL PROPERTY JOURNAL

The Zanzibar Industrial Journal is the Official Journal of industrial property for the Zanzibar Industrial Property Office. It is published in English, on the 1st of every month by the Registrar of Industrial Property Office. The journal incorporates the Patent, Marks, Utility models, Design, and Geographical Indications.

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TANZANIA INDUSTRIAL PROPERTY JOURNAL

It is a mandatory requirement for Patents, utility mode, trade and service marks to be published in the Industrial Property Journal. The Tanzania Industrial Property Journal is the Official Journal of Patents, Trade and Service Marks for Tanzania Mainland. This Journal is issued every month by the Business Registration and Licensing Agency (BRELA).

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PUBLIC NOTICE ON WITHDRAW OF OLD TANZANIAN SHILLING BANK NOTES

The Bank of Tanzania hereby announced to the general Public on withdraw of old Tanzanian Shillings banknotes from currency circulation, effective on 26th October, 2024. The banknotes subjected to withdraw includes currency denominations of twenty shillings

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Complaints Handling Procedure for Regulated Service Provider in Maritime Transport Sector in Tanzania

As in other cadres, the law has established a good procedure for resolving disputes between companies providing services in the maritime transport sector.

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Financial Leasing Business in Tanzania

It is prohibited to engage in financial leasing operation without having a license issued by the Bank of Tanzania. A person is said to engage in financial leasing operation if is involving in provision of financial leasing. Financial Leasing refer to a lease or leasing agreement entered into pursuant to a transaction in which

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Mortgage refinancing Business in Tanzania

In the field of financial business, refinancing is not a new terminology. In the common sense, the word refinancing means replacing your existing mortgage with a new mortgage that has more favorable terms.

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Opening and Runing Bureaus de change Services in Tanzania

Bank of Tanzania (the Bank) is mandated to license, regulate and supervise bureau de changes. The Bank may authorise the establishment of bureau de change for the purposes of carrying on the business of buying and selling foreign currency. It is prohibited to engage in bureau de change business without a valid license issued by the Bank.

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FOREIGN MARRIAGE REGISTRATION IN TANZANIA

A Tanzanian citizen has the right to marry in any country he finds a suitable partner to marry. However, if this marriage takes place outside Tanzania, the bridegroom must satisfy themselves the followings: -

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WINDING UP & DISSOLUTION OF COMPANY IN TANZANIA

The company is a living legal entity like a natural person. Natural person can die from various causes such as diseases and accidents. A company cannot die like an ordinary human being due to diseases or accidents. Winding up of a company is a process that aims to end the life of the company. In simple language winding-up is the death-knell of a company. The net assets of a company (if any) will be distributed among the members as the successors.

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TRADEMARK OPPOSTION IN TANZANIA AND ZANZIBAR

The United Republic of Tanzania is a result of joint union of two Countries Tanganyika and Zanzibar. These two countries united in 1964 whereby through the Union charter they agreed on issues of union matter and issues not of Union matters, as it is well stipulated in the Constitution of the United Republic of Tanzania under article 4 (3). Intellectual Property forum is not a subject of union matter it operates as a different legal jurisdiction.

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TIC CERTIFICATE OF INCENTIVES

TIC Certificate of Incentives is a certificate issued to the investor by the Tanzania Investment Center (TIC) which provides tax exemptions, concessional tax rates or any benefits that may be available to the investor under any law for the time being in force.

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Suit Against Government in Tanzania.

In February, 2020 the parliament passed the written laws [miscellaneous amendments] act to include all the suits by or against public corporations, parastatal organization, executive agencies and local government authorities in the list of government suits. Prior to the amendments suits by or against the public corporations and parastatal organization were not treated like government suit and such entities were not bound by the government proceeding act.

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COMPANY SECRETARY IN TANZANIA; QUALIFICATIONS AND RESPONSIBILITIES

Unlike other countries, in Tanzania, the company must have a secretary. For example, in Kenya, a private company must have a secretary only if it has a paid-up capital of five million shillings or more. Anything else required or authorized to be done by the company's secretary may be done by a director or a person authorized generally or specifically for that purpose by the directors.

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Lifting of Corporate Veil in Tanzania

Corporate veil, is a legal concept which distinct the identity of the company from its members that is the shareholders and directors. Corporate veil shields members from the liabilities arising out of the company, the veil or curtain act as a protection to the members in regards to the company’s liability.

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Foreign investments in Tanzania

Tanzania is one of the African countries that receive and allow foreign investors in large numbers. According to Tanzania Investment Report 2022, Tanzania recorded a growth of 26.1 percent in Foreign Direct Investment (FDI) inflow attributable to continued Government policies of improving the investment climate to attract more FDI inflows.

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Termination of contract in Tanzania

When two parties have entered into a contractual agreement, it is expected that each party will fulfill its contractual obligations. Termination of contract means the end contractual relationship between parties to the contract. This can occur due to various grounds and reasons. The contract laws in Tanzania recognize various circumstances that may lead to the termination of a contract.

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Starting a business in Tanzania

The system of doing business in Tanzania has been legally simplified. You can do business as a sole proprietor, partnership or through a company. If you decide to work as a sole proprietor or partnership, you are advised to register your business name with a Registrar of business name. The advantage is that you will protect your name from being used by others

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Obligation to register documents in Tanzania

In Tanzania it is a mandatory requirement for some documents to be registered by a registrar of documents. Some of those documents include non-testamentary documents which acknowledge the receipt or payment of any consideration on account of the creation declaration, assignment, limitation, or extinction of any such right, title, or interest; non-testamentary documents which acknowledge the receipt or payment of any consideration on account of the creation, declaration, assignment, limitation, or extinction of any such right, title, or interest.

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Litigating negligence cases in Tanzania

In our daily activities we are given responsibilities through our professions, contracts we enter, laws and many other sources. It is everyone's obligation to fulfill their responsibilities to the required standards so as to avoid causing injury or damage to others. Failure to meet or perform at substandard amount to breach of legal duty hence civil wrong called negligence.

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INSTITUTION OF COUNTERFEIT CLAIM IN TANZANIA

Counterfeiting of products, this is an unauthorized manufacturing, producing, packaging, repackaging, labelling or, making whether in Tanzania or elsewhere of goods imitating other protected goods or subject matter of intellectual property to a manner that is very similar or identical to the protected products.

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6 Step-by-Step Guide to Overcome Trademark Objection in Tanzania

Upon filing a trademark application, formality examination will be conducted and application number will be accorded if the application meets the prescribed requirements. If not, the application will be returned to the applicant for compliance. The returned application will be allotted application number only when the applicant complies.

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ENFORCEMENT OF FOREIGN JUDGMENT AND ARBITRAL AWARD IN TANZANIA.

Tanzania follows the English common law legal system. Laws have established a good mechanism for Recognition and Enforcement of Foreign Judgments and Awards relating civil and commercial matters. Any judgement of a superior court of a foreign countries giving reciprocal treatment or order given or made by a court in any civil proceedings, or a judgement or order given or made by a court in any criminal proceedings, for the payment of a sum of money in respect of compensation or damages to an injured party are enforceable in Tanzania.

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NO NEED OF PROVING ACTUAL CONFUSION IN TRADEMARK INFRINGEMENT: A LESSON IN PIPI KIFUA CASE.

The High Court of the United Republic of Tanzania on 30/05/2022 derived its judgment on a Commercial Case No. 132 of 2018 between Kenafric Industries Limited vs. Lakairo Industries Group Co. Ltd & 3 others. In the case, the court has discussed and emphasized on two key principle of trademark protection in Tanzania

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CERTIFICATES OF NO IMPEDIMENT IN TANZANIA

A Tanzanian has the right to marry or be married within or outside Tanzania irrespective of nationality of fiancé. A marriage may be contracted in the presence of the registrar in an Embassy, High Commission or consulate of the United Republic. However before getting married through the Embassy, High Commission or consulate it is necessary to satisfy yourself that your country has notified the Government of the United Republic that it does not disapprove of the contracting of marriages at the Embassy, High Commission or consulate of the United Republic in that country.

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COMPULSORY LICENSE VERSUS THE RIGHTS OF THE PATENT OWNER IN TANZANIA.

Introduction

Compulsory License as Opposed to the Rights of Patent owner can be traced from the wholly meaning of a Patent and Compulsory License. A Patent is a legal right of exclusion given to an inventor for an invention, i.e. product or a process that generally provides a new way of doing something, or offers a new technical solution to a problem.

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CUSTOMS PROTECTION OF INTELLECTUAL PROPERTY RIGHTS IN TANZANIA

To date, no regulation has been enacted to facilitate customs recordal of intellectual property rights (such as trade/service marks, patents, industrial designs, copyrights and related rights) despite having a law that restricts the use of marks and trade description in relation to merchandise (The Merchandise Marks Act of 1963).

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DISTINCTIVENESS; A PILLAR OF TRADEMARK REGISTRATION IN TANZANIA

With its breadth and importance, Distinctiveness is the mother pillar of a trademark. The uniqueness of any trademark or service begins to be measured using this pillar. This means that there is no time especially in this world of commercial competition that you can talk about the strong brand without looking at Distinctiveness.

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INCORPORATION OF COMPANIES IN ZANZIBAR

The procedure for incorporating and running a company in Zanzibar is legally set. The law provides criteria and basic requirements that must be followed by everyone who wants to start a company.

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LICENCE TO MANUFACTURE PHARMACEUTICALS IN TANZANIA

Pharmaceutical" and ''pharmaceutical product'' means any drug, substance or other article manufactured or prepared in any way and intended for use by man as a medicine or as a remedy used for the purposes of medical, dental or veterinary treatment.

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RELEVANCY OF THE NEW PERSONAL DATA PROTECTION ACT NO.11 OF 2022 IN THE DEVELOPMENT OF IP RIGHT IN TANZANIA.

The laws and regulations guiding registration of Intellectual Property rights require the owner of the intellectual property to state his personal information.

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INTELLECTUAL PROPERTY IMPLICATIONS ON CONVEYANCE CONTENT

This Articles shows the relationship between intellectual property (IP) and conveyance content, primarily focusing on the implications of IP laws on the creation, distribution, and consumption of digital content.

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INDIVIDUAL ACCOUNTABILITY AND ETHICS IN THE WORKPLACE: CASE STUDY OF SENIOR FIRM MANAGERS IN TANZANIA.

Individual accountability simply means being accountable and accepting responsibility for your action in the course of performance.

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HAVING A STRONG TRADEMARK IS A DECISION: CHOOSE NOW.

We have often writing IP articles to show the basic things that need to be done to register a trademark and how to protect those trademarks once they are registered.

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FACTS ABOUT TRADEMARK REGISTRATION IN DEMOCRATIC REPUBLIC OF CONGO

The Industrial Property Offices responsible with trademarks is Directorate of Industrial Property, Secretariat for industry and small and medium enterprises (IPMEA); Ministry of Industry and SMEs.

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DOMAIN NAME MANAGEMENT IN TANZANIA

When you talk about domain name you mean a unique name that identifies internet resources such as websites that is registered as second level and/or third level domain under .tz ccTLD. Second Level Domain Name" or "SLD" means domain name after the .tz top level domain.

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DISTINCTIVENESS; A PILLAR OF TRADEMARK REGISTRATION IN TANZANIA

With its breadth and importance, Distinctiveness is the mother pillar of a trademark. The uniqueness of any trademark or service begins to be measured using this pillar.

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COUNTRIES ELIGIBLE FOR ARIPO TRADEMARK APPLICATIONS

Registration of trademarks through the African Regional Intellectual Property Organization (ARIPO) is expanding. Currently you can protect your trademark in Africa through ARIPO for 13 countries which are Botswana, Cape Verde, Kingdom of Eswatini, The Gambia, Kingdom of Lesotho, Liberia, Malawi, Mozambique, Namibia, Sao Tome and Principe, Tanzania, Uganda and Zimbabwe.

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Banjul Protocol on Marks now effective in The Gambia

African Regional Intellectual Property Organisation (ARIPO) is mandated to register marks and the administration of such registered marks on behalf of the Banjul Protocol Contracting States in accordance with the provisions of the Banjul Protocol on Marks.

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Registering Personal Names as a Trademark in Tanzania

Registration of personal names as a trademark has existed for many years. There are countries that allow registration of personal names as a trademark and there are countries that prohibit it. The question is why do countries ban the registration of personal names as Trademark.

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As lawyers, we at Darstate Attorneys, our responsibility is to ensure that we guide and advise you on the basic principles and legal procedures in promoting your business, whether be it a service or a product.

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