The Written Laws (Miscellaneous Amendments) Act, 2026 proposes major reforms to Patents (Registration) Act, Trade and Service Marks Act, reshaping Tanzania’s intellectual property framework, The Companies Act (Cap. 212) bolstering transparency, curb money laundering, and align with international Financial Action Task Force (FATF) standards.

Patent (Registration) Act

1. Mandatory Gazette Notice for Excluded Patents Section 13 of the amended Act will empower the Minister to exclude certain products or processes from patentability for a period not exceeding ten years. Importantly, exclusion will follow a formal procedure: the Registrar must first recommend the exclusion, and a notice must be published in the Government Gazette.
2. Extended Patent Term The expiry period for patents will be increased to 20 years from the date of filing. This replaces the current 10‑year term under Section 39 of the Act. Furthermore, the Registrar will no longer have discretion to extend patent terms beyond expiry.
3. Recognition of Designs Registered Under Regional or International Instruments A transformative change will be the recognition of designs registered under regional or international systems, such as ARIPO, giving them the same legal effect as designs registered domestically. The Act will also recognize designs registered under protocols where Tanzania is a designated state, even prior to commencement of the new section. This reform will close the legal gap that previously rendered international and regional designs unenforceable in Tanzania, and it will overturn the Court of Appeal’s ruling in Lakairo Industries Group Co. Ltd v. Kenafrica Industries Limited, which had upheld the principle of territoriality.

Trade and Service Marks Act

1. Protection and Recognition of Collective and Certification Marks New Sections 16A and 16B will introduce recognition of collective marks, distinguishing goods and services of associations from those of non‑members. Certification marks will also be recognized and protected once registered, ensuring credibility and consumer trust.
2. Recognition of Well‑Known Marks Trade marks entitled to protection under the TRIPS Convention as well‑known marks will now be expressly recognized under Tanzanian law, strengthening protection for global brands.
3. Recognition of ARIPO‑Registered Trade Marks The Act will recognize trade marks registered under ARIPO, unless the Registrar formally communicates to ARIPO that a particular application shall not have effect in Tanzania. This provision enhances regional integration while preserving national oversight.

THE COMPANIES ACT

1. New Definitions for Nominees and Oversight:

A cornerstone reform comes via section 28, which amends section 2 of the Companies Act by inserting precise definitions: “nominee” as a person acting under instructions, “nominator” as the instructing party, “nominee director” exercising directorial functions on behalf of another, and “nominee shareholder” handling voting or dividends per instructions. This clarity extends to record-keeping under section 30 (amending section 15(2)(c)), mandating companies to maintain “accurate and up to date records of a nominee director or nominee shareholder” as per regulations, and section 34 (amending section 213), which requires similar details for nominee directors in registers. These provisions close loopholes exploited for opaque ownership structures, ensuring regulators can trace true control.

2. Restricting Company Objects and Strengthening Compliance:

Section 29 repeals and replaces section 8 entirely, requiring a company’s memorandum to state “specific objects” for business, with powers limited to “incidental or conducive” activities. This ends the era of unlimited corporate objects, preventing ultra vires actions and aiding risk assessment by investors and authorities. Name compliance is toughened by section 31 (amending section 33), adding subsection (5), firms failing to rename within the stipulated period “shall be deemed to have lost its registration status and be struck off from the register.” Annual returns gain detail under section 33 (amending section 133(5)), now requiring

3. Empowering the Registrar and Foreign Company Scrutiny:

Regulatory muscle is flexed through section 35, adding section 220A, which grants the Registrar “powers to conduct inspection of a company’s records, accounts, and other relevant documents” without notice, at the registered office or elsewhere, with fines for non-cooperation. Section 38 further mandates a new section 456A, establishing a “Register of nominee directors and shareholders” at the Registrar’s office. Foreign entities are not spared. Section 36 amends section 438(1) to demand “a list of shareholders” with addresses and shares, plus exhaustive beneficial ownership records including name, DOB, ID, address, PEP status, and interest nature with a six-month compliance window for pre-existing firms. Updates to changes in directors or shareholders are required under section 37 (amending section 440(1)(b)), while section 39 (amending section 457) grants Anti-Money Laundering Act “reporting persons” access to this data.

4. Registrar to issue implementation guideline via media/ website.

Finally, section 40 adds section 468A, empowering the Registrar to issue implementation guidelines via media or website.

Conclusion         

The 2026 amendments mark a decisive shift in Tanzania’s intellectual property regime. By extending patent terms, recognizing regional and international registrations, and protecting collective, certification, and well‑known marks, the reforms will reduce duplication, enhance legal certainty, and align Tanzania with global and regional IP standards. These changes are expected to foster innovation, attract investment, and strengthen Tanzania’s role in the continental intellectual property landscape.

In the Commercial and Company activities the Changes signal Tanzania’s commitment to a transparent corporate ecosystem. By mandating nominee tracking (sections 28, 30, 32, 34), object specificity (section 29), and robust inspections (section 35), they deter shell companies and illicit finance. Foreign investors benefit from clearer rules (sections 36-37), while insisting that local firms must prioritize compliance to avoid deregistration (section 31).