Regulation of Patents in Mainland Tanzania: Policy, Legal and Institutional Challenges

Abstract

This article explores the policy, legal and institutional
challenges facing regulation of patents in Mainland
Tanzania. It addresses the problem of delay in
reviewing the Act for a very long time which defeats
the fact that the patent law needs constant review if it
is to keep up with the ever changing nature of patents.
It analyzes the policy, legal and institutional
frameworks pointing out the challenges and
prospects. The challenges addressed are: One, lack of
a comprehensive policy that addresses intellectual
property generally and patents specifically. Two, the
Act is largely compliant with TRIPs though it needs
some reforms. Three, there are serious challenges
facing the administrative and enforcement organs in
terms of, inter alia, limited infrastructural and expertise
base. It recommends that a comprehensive
intellectual property policy be put in place, the Patents
Act be repealed and be replaced with one industrial
property law. There should also be established an
autonomous industrial property office.

Key words: Patent, Invention, Intellectual Property, Industrial Property,
Law, Policy, Tanzania.