Balancing innovation and competition: intellectual property rights under Tanzania's Fair Competition (Abuse of Dominant Position) Regulations, 2026
Tanzania has introduced the Fair Competition (Abuse of Dominant Position) Regulations, 2026, to regulate how intellectual property rights are exercised. The new rules aim to prevent companies from using their IP to unfairly distort market competition.
Why it matters
This regulation represents a significant shift in African competition law, forcing a balance between protecting innovation and ensuring fair market access.
Tanzania recently enacted the Fair Competition (Abuse of Dominant Position) Regulations, 2026 (the Regulations ) which came into force on 14 August 2026. The Regulations mark a significant development in Tanzania competition law by expressly bringing the exercise of intellectual property rights within the scope of competition law scrutiny. The Regulations provide clarity on the types of conduct that may constitute an abuse of dominant position and identify factors that may indicate the abusive exercise of intellectual property rights. In particular, the Regulations target situations where the exercise of intellectual property rights is used in a manner that restricts, distorts or prevents competition in the market, thereby aligning the protection of intellectual property with the broader competition law objectives.
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