Tackling the Counterfeit Goods Trade in Tanzania: Reflections on the Anti-Counterfeiting Criminal Law

Abstract

This chapter examines the potential and limitations of criminal law as a policy tool for fighting against the trade in counterfeit goods in Tanzania. It uncovers major challenges involved in tackling the counterfeiting business in Tanzania using criminal law. The chapter shows that counterfeit goods have infiltrated many supply chains in Tanzania. Both law-related and non-law factors drive the counterfeit goods trade. The counterfeiting business affects consumers, traders, the economy and the general society in Tanzania. The counterfeiting business presents serious societal risks during the crises such as the COVID-19 pandemic owing to the possible infiltration of counterfeit pharmaceuticals into the medical supply chain. Criminal law is part of Tanzania's legal embodies for fighting against the counterfeit goods trade. Both law-related and non-law limitations and challenges undermine the efficacy of criminal law in tackling the trade in counterfeit goods in Tanzania. The chapter recommends policy, legal and institutional reforms that will help to augment the efficacy of the anti-counterfeiting legal regime in Tanzania.

Citation

Mniwasa, E.E. (2022), "Tackling the Counterfeit Goods Trade in Tanzania: Reflections on the Anti-Counterfeiting Criminal Law", Soucie, S. and Peštek, A. (Ed.) Counterfeiting and Fraud in Supply Chains, Emerald Publishing Limited, Leeds, pp. 171-204. https://doi.org/10.1108/978-1-80117-574-620221008