Tanzania targets counterfeits with legal reforms

Dodoma: THE government is in the process of amending the Merchandise Marks Act of 1963 to enhance the country’s ability to combat the growing challenge of counterfeit goods in the market.

Minister for Industry and Trade, Dr Selemani Jafo, revealed this yesterday in Dodoma during the commemoration of World Anti-Counterfeit Day.

He said that once the amendments are passed, the Fair Competition Commission (FCC) will be better equipped to effectively carry out its mandate of controlling counterfeit goods.

Addressing the industry stakeholders from both the public and private sectors, Dr Jafo said the law, enacted in 1963, requires major revisions to reflect the current competitive market environment.

“The FCC will be able to implement the amended law more effectively, addressing many of the gaps that existed in the original legislation,” the Minister stated.

The Merchandise Marks Act of 1963, as amended, remains the primary legislation governing counterfeit goods in the country.

 It prohibits the manufacture, importation, sale, and distribution of counterfeit products and gives relevant authorities the power to seize, detain, and dispose of them. The Fair Competition and Anti-Fraud Act of 2003 also complement this framework by prohibiting misrepresentation in the sale of goods, which includes counterfeiting.

Minister Jafo noted that multiple research and operational reports indicate the trade in counterfeit goods has negative effects on business and investment.

He emphasized that serious investors are drawn to countries with strong and effective regulatory frameworks, which include robust laws and capable institutions for controlling counterfeiting.

“In this area, the Ministry is also progressing with amendments to the Trademarks Act, which governs the control of counterfeit goods in Mainland Tanzania. New regulations aligned with these legal changes will create a more robust and effective system to combat counterfeit goods in the Tanzanian market,” he added.

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To increase impact, the Minister instructed the FCC to strengthen engagement with both national and international stakeholders. He called for the formalization of partnerships with global organizations involved in intellectual property rights, counterfeit control, industrial development, and competition enforcement.

 These include the World Intellectual Property Organization (WIPO), World Trade Organization (WTO), United Nations Industrial Development Organization (UNIDO), and the United Nations Conference on Trade and Development (UNCTAD).

He also stressed the importance of educating stakeholders on the dangers of counterfeit goods, encouraging brand owners to conduct awareness campaigns for their distributors and to report to the FCC on outreach efforts—especially those targeting distributors of their products.

FCC’s Acting Director General and Chief Inspector under the Merchandise Marks Act, Ms. Khadija Ngasongwa, said the Commission has been proactive in marking World Anti-Counterfeit Day by focusing on public education about counterfeit goods.

To expand its reach, she announced the FCC has opened new zonal offices in Mwanza (Lake Zone), Arusha (Northern Zone), and Mbeya (Southern Highlands Zone).

Meanwhile, Member of Parliament Pauline Gekul, representing the Parliamentary Standing Committee on Industries, Trade, Agriculture, and Livestock, proposed that Tanzania should establish national standards for goods entering the country.

She argued that defining and enforcing such standards would prevent the country from becoming a dumping ground for substandard products.