PRINCIPAL JUDGE DR. SIYANI SPOTLIGHTS TANZANIA’S LANDMARK COURT DECISION BEHIND IP LAW REFORM AT WIPO

By Upendo Ngitiri, Judiciary of Tanzania, 21 October,2026 Geneva Switzerland

The Principal Judge of the High Court of Tanzania, Hon. Dr. Mustapher Mohamed Siyani, has highlighted Tanzania’s landmark intellectual property (IP) law reforms at the 2026 World Intellectual Property Organization (WIPO) IP Judges Forum in Geneva, demonstrating how a Court of Appeal decision exposed a gap in the law and contributed to recent legislative reforms aimed at strengthening trademark protection.

The Forum, held on 14 and 15 October 2026 at WIPO Headquarters in Geneva, provided a platform for international judicial dialogue, bringing together jurists from different jurisdictions to share experiences and explore emerging challenges in intellectual property adjudication and the use of artificial intelligence (AI) in court proceedings.

Speaking as a panellist during Session on cross-border aspects of intellectual property disputes, Dr. Siyani presented Tanzania’s experience through the landmark Court of Appeal decision in Lakairo Industries Group Co. Limited and Others v. Kenafric Industries Limited and Others, Civil Appeal No. 593 of 2022, [2025] TZCA 999, delivered on 26 September 2025.

He noted that the Court of Appeal, in applying the principle of territoriality, held that trademark registrations obtained outside Tanzania did not automatically confer exclusive rights within the country.

The Court further found that registrations made under the African Regional Intellectual Property Organization (ARIPO) did not enjoy the claimed legal protection in Tanzania because the Banjul Protocol on Marks had not been domesticated.

Of particular interest was the Government’s prompt and decisive response to the legal gap identified by the Court of Appeal in its decision. Dr. Siyani highlighted how the Government swiftly amended the Trade and Service Marks Act through the Written Laws (Miscellaneous Amendments) Act No. 6 of 2026, introducing provisions recognising well-known trademarks and giving legal effect to ARIPO trademark registrations within Tanzania.

The reforms mark an important development in Tanzania’s intellectual property framework, strengthening trademark protection and addressing challenges associated with cross-border trade.

Drawing lessons from the case, Dr. Siyani underscored the important role of the Judiciary in the development of law, explaining how judicial interpretation can expose gaps in legislation and inform necessary reforms. He also highlighted the importance of aligning domestic legislation with regional and international intellectual property instruments to provide greater legal certainty for businesses operating across national borders.

Concluding his presentation, Dr. Siyani observed that while the principle of territoriality remains fundamental to intellectual property protection, its strict application can create barriers to cross-border commerce where foreign trademark registrations lack domestic recognition. He emphasised that Tanzania’s recent reforms not only address this challenge but also facilitate more secure cross-border trade, demonstrating how judicial decisions can influence legislative action and ultimately benefit businesses. As he aptly put it, this is how the law evolves “from the courtroom to the parliament to the marketplace.”

During Session 8, other distinguished panellist shared their judicial experiences in handling cross-border intellectual property disputes. Justice Iwai Naoyuki from Japan, highlighted a Supreme Court decision which ruled that a Japanese patent could be infringed despite the use of servers located in the United States, as the computer programs were provided substantially within Japan and had economic effects there. Presenting the German perspective, Justice Oliver Schön of the Munich Court explained that German courts may hear foreign patent infringement disputes, provided they have jurisdiction, while applying the law of the country where the infringement occurred.  Justice  Bart van den Broek of the Unified Patent Court, Luxembourg, discussed a Court of Appeal decision declining to extend its jurisdiction to alleged patent infringements outside the Unified Patent Court system where jurisdiction was based on damage occurring within its territory. Their presentations illustrated different judicial approaches to cross-border intellectual property disputes.

The Forum also provided a platform for deliberations on a wide range of emerging issues, including intellectual property and artificial intelligence, the use of AI in court proceedings, intellectual property at apex courts, copyright and AI model training. Other topics covered included synthetic media and digital evidence, software and digital technology patents, comparative, referential and expressive use of trademarks, online platforms, and specialised procedural rules for intellectual property disputes.

Discussions on AI in judicial proceedings attracted particular attention, generating lively debate on its potential benefits, risks and implications for the administration of justice. Jurists from Brazil, Singapore, Australia, Uzbekistan, the Republic of Korea, Luxembourg and China shared experiences of AI use within their respective judicial systems and measures adopted to address emerging challenges, including inaccurate AI-generated information, fabricated legal citations, verification of AI-assisted submissions and the development of guidelines for AI use in court proceedings.

The experience shared on the development of artificial intelligence in Kazakhstan has contributed significantly to the judiciary and government systems. Levies are collected through the use of automated machines, and the assessment of all court fees is automated within the system. The Brazilian experience with AI shows that the judiciary has developed more than 70 systems to support the dispensation of justice and prediction of outcomes, which has reduced the filing of frivolous cases in court.

The exchange of experiences, insights, and perspectives on emerging issues underscored the importance of international judicial dialogue, knowledge-sharing, and continuous professional development in addressing the evolving challenges of intellectual property adjudication and   use of Artificial Intelligence.  The Judiciary of Tanzania demonstrated its strong commitment to these efforts through the active participation of 70 judicial officers, comprising 10 Justices of the Court of Appeal, 20 Judges of the High Court, and 40 other Judicial Officers.  Among 70 participants, 13 attended the forum physically at WIPO Headquarters, while 57 participated virtually. This broad representation reflected the Judiciary's dedication to strengthening judicial capacity, promoting knowledge exchange, and enhancing expertise in intellectual property adjudication across all levels of the judicial system.

After the Forum, Dr. Siyani attended   the WIPO Advisory Board of Judges Meeting at WIPO Headquarters alongside fellow Board members.

The Judiciary of Tanzania and WIPO also held their annual bilateral meetings aiming to review progress made under their ongoing collaboration and discuss activities planned for implementation in 2027. The meetings were attended by Hon. Eva Nkya, Chief Registrar of the Judiciary of Tanzania; Upendo Ngitiri, the focal person for collaboration between WIPO and the Judiciary; and senior officials from the WIPO Judicial Institute, WIPO Academy and WIPO Lex.

 The Forum and subsequent meetings reaffirmed Tanzania’s active participation in international judicial cooperation and its commitment to strengthening intellectual property protection.