The regulation of the counterfeit goods trade : the case of Tanzania

Tanzania, like other Sub-Saharan African countries, is struggling to control the trade in counterfeit goods which is driven by many factors. The counterfeiting business has a wide range of effects. Different regulatory techniques are used to curb the trade. This study examines the regulation of the counterfeit goods trade in Tanzania and appraises its potential in tackling the trade. The study explores the evolution, drivers and impact of the trade in counterfeit goods; investigates regulatory techniques for controlling the counterfeiting business; and evaluates the potential of those techniques in curbing the trade. The analysis of documentary materials was carried out and the fieldwork research, which involved conducting interviews, administering questionnaires and making observations, was undertaken. The findings show that the markets in Tanzania are flooded with counterfeit products. The counterfeit goods trade in Tanzania is a part of the worldwide counterfeiting business driven by political, economic, legal and social factors. The trade impacts on the welfare of consumers, economic interests of legitimate traders, the country's economy and general society. The law in Tanzania which partly embodies foreign law is the main policy instrument for fighting against the counterfeit goods trade. Alternative regulations supplement the use of the anti-counterfeiting law. Weaknesses of the law and alternative regulations, inadequacies of government authorities and agencies and challenges facing the authorities and non-state actors undermine the potential o f the law and alternative regulations which, in most cases, do not address non law-related drivers of the trade. The study concludes that the law has to be revised, the mechanisms for enforcement of the law need to be augmented and alternative regulations should be improved in order to address both law- and non-law related drivers of the counterfeit goods trade effectively. The development related strategies should also be used in conjunction with the law and alternative regulations in order to curb the trade in counterfeit goods in Tanzania more efficiently.