EAST AFRICA INTELLECTUAL PROPERTY NEWSLETTER 2025

Season's Greetings from Extent Corporate Advisory!

As the year comes to an end, it offers an important opportunity to reflect on the progress, initiatives, and engagements that have shaped our firm's work throughout 2025. Over the course of the year, we have undertaken a broad range of activities that demonstrate our continued commitment to professional excellence, strategic growth, and the delivery of high-quality services to our clients and partners. This newsletter provides a concise overview of the key milestones and achievements that have defined our operations over the past twelve months, each revealing the dedication of our team and the trust placed in us by our clients.

This edition also highlights significant Intellectual Property updates across the East African region. These updates complement the firm's expansion and internal progress by providing readers with a broader perspective on the evolving legal and regulatory landscape, ensuring that our clients and partners remain informed of developments that may impact their businesses. Together, these insights position us to enter the coming year with renewed focus and strengthened purpose.

INTELLECTUAL PROPERTY IN COURT

Tanzania

We spotlight landmark intellectual property cases that have significantly shaped legal interpretations and enforcement in Tanzania. Below, we explore key rulings on trademark infringement, passing off, copyright protection, and anti-counterfeiting measures. These cases provide critical insights into the principles guiding intellectual property law, offering a clearer understanding of their impact on rights protection and innovation.

Lakairo Industries Group Co. Ltd & Others v. Kenafrica Industries Ltd & Others (Civil Appeal No. 593 of 2022)

On 26 September 2025 the Court of Appeal of Tanzania held that regional trademarks registered under ARIPO (via the Banjul Protocol) are not enforceable in Mainland Tanzania unless the Protocol has been domesticated in national law. The Court reaffirmed that trademark rights in Tanzania arise only from national registration under the local trademark law.

Rig Co. Limited v Watercom Tanzania Limited (Civil Appeal No. 210 of 2022)

The Court of Appeal considered a dispute arising from the parties' commercial relationship involving the use of a trademark. The appellant challenged the High Court's findings on ownership and authorised use of the mark, arguing that the respondent had no lawful basis to rely on it. The Court of Appeal upheld the High Court's decision, holding that trademark rights must be proven through clear evidence of registration, ownership and any licensing arrangements. It found no misdirection in the lower court's evaluation of the parties' contractual dealings and affirmed that use of a mark beyond the scope of an established agreement may amount to infringement. The Court reaffirmed principles that trademark rights are strictly governed by registration and contractual terms, and courts will not infer rights without clear proof. Accordingly, the appeal was dismissed in its entirety.

Kenya

Meta Platforms Inc. v LLC Meta (High Court, 2023)

A local company sought to register "META" shortly after Facebook rebranded to Meta. Meta Platforms objected, citing bad faith and likelihood of confusion. The High Court held that the local registration was opportunistic and made in bad faith, amounting to passing off. It cancelled the offending registration, reaffirming the protection of well-known international marks despite limited local use.

Bidco Africa v Chandaria Industries (High Court, 2020)

Bidco claimed that Chandaria's product packaging closely resembled its own, leading to customer confusion in the edible oils market. The Court found that the overall trade dress and visual arrangement were sufficiently similar to mislead consumers. The Court applied the passing-off test, goodwill, misrepresentation and damage and ruled in Bidco's favour, reinforcing protection of non-registered trade dress.

Uganda

Kasangye Technologies v MTN Uganda (High Court, 2019)

Kasangye developed a mobile application and alleged MTN incorporated its proprietary software code without authorisation. The High Court recognised copyright protection in software source code, holding that MTN's use constituted infringement. The decision strengthened judicial acknowledgment of digital-era copyright within Uganda.

Rwanda

Bralirwa Ltd v Skol Brewery (Commercial Court)

Two major breweries disputed similarities in beer bottle labelling and colour schemes. Bralirwa alleged Skol's branding diluted and imitated its flagship "Primus" brand. The Court held the packaging elements were not sufficiently similar to cause confusion. Emphasising the consumer perception test, it found that overall branding concepts remained distinct.

Ethiopia

Heineken Breweries v Keranyo Breweries (Federal High Court)

Heineken accused a local brewery of adopting strikingly similar beer labels, colours and graphic elements. The Court agreed that the overall impression created likelihood of confusion and constituted infringement. An injunction was issued, emphasising the need for distinctive trade dress in Ethiopia's competitive beverage sector.

NEWLY ENACTED IP LEGISLATIONS IN EAST AFRICA

This year has marked notable progress in the development of intellectual property legislation across East Africa, with reforms aimed at strengthening protection, harmonising procedures, and enhancing enforcement across the region.

African Regional Intellectual Property Organization (ARIPO) — Amendment to the Harare Protocol (effective 1 March 2025)

Effective 1 March 2025, significant amendments to the ARIPO Harare Protocol came into force, introducing several procedural innovations that directly impact patent and industrial design applicants across ARIPO member states, including many in East Africa. Key updates include:

• Flexible Claim Strategy: Applicants can now file different claim sets for different designated member states, allowing businesses to tailor protection according to national legal requirements or commercial strategies.
• Streamlined Examination Timelines: The amendments introduce clearer timelines for responding to examination reports and allow ARIPO to expedite processing.
• Revised Administrative Procedures: Updated rules on filing formats, priority documents, representation requirements and corrections aim to simplify the application process.
• Fee Structure Adjustments: Changes to official fees modernise the cost structure and align ARIPO's operations with international filing systems.

TANZANIA: THE MERCHANDISE MARKS (RECORDATION) REGULATIONS, 2025

Tanzania has strengthened border enforcement mechanisms through the introduction of Mandatory Trademark Recordation Regulations, effective 1 December 2025. Under this system, all trademarks appearing on imported goods must be recorded with the relevant authorities before importation. Goods bearing unrecorded marks risk detention at entry points, signalling Tanzania's heightened commitment to combatting counterfeit goods.

RWANDA: Law No. 055/2024 on the Protection of Intellectual Property

Rwanda enacted Law No. 055/2024 on the Protection of Intellectual Property, a comprehensive overhaul of the country's IP landscape. The new law modernises the legal framework governing trademarks, patents, industrial designs, utility models, layout designs, trade names and geographical indications.

ZANZIBAR: Legal Supplement to The Zanzibar Government Gazette (July 2025)

The Zanzibar Business and Property Registration Agency (BPRA) has introduced significant revisions to its official fee schedule for intellectual property services, effective August 11, 2025. The revised fees now apply to patents, utility models, trade and service marks, industrial designs, layout designs, and geographical indications.

FIRM'S SPOTLIGHTS

A reflection of the Firm's achievements and journey in 2025

ECA's Expansion

Earlier this year, Extent Corporate Advisory had the privilege of hosting our annual World Intellectual Property Day Breakfast, under the global theme: "Protecting Your Brand Beyond Tanzania." The engaging session brought together key stakeholders, including representatives from BRELA, the Fair Competition Commission (FCC), distinguished legal professionals, and business leaders, to explore the dynamic challenges and opportunities of cross-border brand protection in today's evolving IP landscape.

We were also proud to unveil a bold new visual identity for Extent Corporate Advisory. This rebrand reflects not only a refreshed aesthetic but also our expanded footprint from our roots in Tanzania and Zanzibar to a broader presence across East Africa and ARIPO countries.

Anti-Counterfeit Day

In June 2025, Extent Corporate Advisory was honoured to sponsor and participate in the national commemoration of World Anti-Counterfeiting Day, organised by the Fair Competition Commission. This year's theme, "Building a Secure Future: Defending Authenticity with Proven Leadership," aligned closely with our mission to safeguard intellectual property, protect consumers and support fair market practices.

Global Engagement in 2025

This year, Extent Corporate Advisory strengthened its international presence through participation in several major IP gatherings. In May, our team attended both the IACC Annual Conference and the INTA Annual Meeting in San Diego, engaging with global experts, exploring emerging brand-protection trends, and deepening strategic collaborations.

From 13–16 September 2025, our Intellectual Property Team participated in the AIPPI World Congress in Yokohama, Japan, one of the world's most influential forums for IP professionals.

APPOINTMENTS

• Neema Magimba, Managing Partner, appointed as a Member of the Anti-Counterfeiting Committee of INTA for 2026-2027.
• Nabiry Jumanne, Partner and Head of IP Department, appointed as a Member of the Anti-Counterfeiting Committee of INTA for 2026-2027 and ranked first by IP Stars in Tanzania.
• Noreen Maghimbi, Associate in Trademark Prosecution, appointed as Member of the Commercialization Committee of INTA for 2026-2027.
• Grace Mahuza, Associate in Corporate Department, appointed as Member of the Commercialization Committee of INTA for 2026-2027 and awarded "Tomorrow's Leader Award" by INTA.