Intellectual property rights in Tanzania: an appraisal of the law and developmental issues

Abstract

The ubiquity of intellectual property rights (IPR) makes it a special and an ever-present agenda in various forums and dialogues on developmental issues. Reflections and debates on the role of IPR are abounds in all fields and sectors such as education, science and technology, business, agriculture and food security, arts and culture, and environmental protection. Thus, a proper assessment of the developmental dimension of the IPR system inevitably requires calibrating along many fields. This paper investigates possible positive effects of strategic use of IPR in various developmental initiatives and posits that IPR, if strategically integrated in national policies, laws, and development programs, have the potential of triggering social and economic development in Tanzania. The paper deploys a qualitative and rights based approach exploring the policy and legal framework on IPR by unearthing the developmental related issues intertwined therein. It has been established that while currently there is no national policy on IPR, yet there are various policy statements traceable from scattered policies, hence making it impractical to have a coordinated national approach on IPR. Therefore, amongst the interventions, it is proposed to adopt a stand-alone national IPR policy in Tanzania, followed by a wholesome review of the existing legal and regulatory framework on IPR to integrate a development-conscious approach and keep abreast with the recent global trends and developments.