By FAUSTINE KAPAMA-Judiciary, Dar es Salaam
The Chief Justice of Tanzania, His Lordship, Prof. Ibrahim Hamis Juma has appealed to the Justices of the Court of Appeal to apply and properly interpret laws, including those relating to Intellectual Property (IP), requiring a nuanced understanding of legal principles and technological realities.
He made such an appeal
through his speech delivered on his behalf by the Dean of the Court of Appeal,
Justice Augustine Mwarija, while opening Intellectual Property (IP) Workshop at Julius
Nyerere International Convention Centre in Dar es Salaam today dated April 23,
2025.
‘Our decisions set
important precedents that guide lower courts and shape the development of IP
jurisprudence in our country. Consistency in these decisions enhances investor
confidence, strengthens the rule of law and contributes to a stable business
environment,’ reads part of the Chief Justice’s speech.
His Lordship asked
Justices to remain aligned with international intellectual property principles
and conventions, as applying and considering such global standards ensures
legal consistency across jurisdictions and strengthens Tanzania's standing in
the international legal and commercial community.
As a judiciary, the Chief
Justice said, their interpretations must reflect a thoughtful understanding of national
laws and the broader global legal framework they are committed to.
His Lordship Prof. Juma commend
the justices’ unwavering commitment to upholding justice and promoting a sound
and efficient intellectual property system as their role in adjudicating
complex appeals is central to fostering innovation, creativity and economic
growth in Tanzania.
The Chief Justice further
pointed out that the convergence of Intellectual Property (IP) and Artificial
Intelligence (AI) is reshaping industries and putting pressure on long-standing
legal doctrines.
According to him, the
rapid evolution of technology, particularly in the field of Intellectual
Property, compels the Judiciary to modernize and adapt its systems, practices,
and interpretative approaches.
Such transformative
changes, His Lordship Prof. Juma said, require courts to reevaluate traditional
legal doctrines and interpretations to ensure they remain practical and
relevant in a digital and innovation-driven world.
‘As IP and AI cases
surface in our courts, the Judiciary is called upon to navigate this new and
intricate legal terrain. In doing so, we serve as guardians of rights and as
architects of evolving legal standards. Our duty is to interpret the law to
uphold justice while remaining responsive to the complexities of the digital
age,’ he said.
Speaking at the opening session, the Principal of the Institute of Judicial Administration (IJA)and Court of Appeal Justice, Hon. Dr. Paul Kihwelo pointed out that the Judiciary has central role in intellectual property rights and it manifests itself in four stages of life cycle of IP, which includes creation, importation, utilization and enforcement stage.
'Through out of these fourth stages of the life cycle of intellectual property right, the Judiciary has a critical role to play,' the IJA Principal said.
Citing an article titled 'The Court and Constitution', Hon. Dr. Kihwelo explained that Judiciary and decisions it make set precedents, therefore, it is important that the Judiciary be acquainted with the laws and its implications, thus inventing knowledge in IP for the Judiciary is inevitably important.
The Chief Executive Officer (CEO) of Business Registrations and Licensing Agency (BRELA), Mr Godfrey Nyaisa explained that Tanzania was now witnessing a positive shift where recent decisions by the Judiciary of Tanzania are beginning to reshape the country’s IP jurisprudence.
He pointed out that BRELA,
as the National IP Office, greatly appreciates such emerging trend and the
Judiciary’s role in shaping a more robust and equitable IP legal
framework.
‘We are hopeful that more
judicial decisions will continue to refine and strengthen this landscape,
enabling all players to benefit from the IP ecosystem for the sustainable
development of our nation,’ the CEO said.
According to him, as they
work toward building a knowledge-based economy and attracting investment, the
importance of Intellectual Property in promoting innovation, supporting
cultural expression, and ensuring fair competition cannot be overstated.
Mr Nyaisa explained that
while BRELA, in collaboration with stakeholders including the World
Intellectual Property Organization (WIPO), strives to maximize the benefits of
existing IP assets, the role of Justices of Appeal and as representatives of
the Judiciary is central to interpreting and upholding IP laws in ways that
align with both, our national development agenda and international obligations.
Speaking at the occasion on behalf of the Director General of the Fair Competition Commission (FCC), the Director of Research, Mergers and Advocacy, Ms. Zaytun Kikula explained that
his institution plays a critical role within Tanzania’s intellectual property
regime, particularly in the fight against counterfeit goods.
He pointed out that through
the enforcement of the Merchandise Marks Act, 1963 (as amended), the Commission,
under the mandate of the Chief Inspector and Inspectors of Merchandise Marks, has
the statutory authority to investigate, seize, and oversee the disposal of
goods suspected to infringe upon registered trademarks.
‘This mandate serves not only to protect rights holders, but also to safeguard public health, ensure fair competition, and promote economic integrity. We recognize the judiciary as a vital partner in this enforcement ecosystem. Your interpretation and application of the law are instrumental in shaping consistent jurisprudence, deterring infringement, and enhancing investor confidence,’ said the Director General.
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