Protection of Traditional Knowledge and Traditional Cultural Expressions in Mainland Tanzania

Abstract

The legal protection of Traditional Knowledge (TK) and
Traditional Cultural Expressions (TCEs) has been under
discussion in different forums. The benefits derived from the
legal protection of TK and TCEs necessitate the enactment of
specific or incorporation of sufficient provisions within the
existing legal framework. The international Intellectual
Property Community has proposed for the adoption of the sui
generis approach to the protection of TK and TCEs due to the
challenges and inadequacy associated with the application of
the existing Intellectual Property Rights. Some countries, like
Kenya in the East African Community, have adopted the
proposed approach while other countries like Tanzania have
not hence facilitating Traditional Cultural Expressions to be
exploited by third parties without consultation of, and benefit
sharing by, the community from which the expressions
originate. This article makes a case for Tanzania to adopt
international standards on the protection of TK and TCEs.

Key Words: Intellectual Property, Traditional Knowledge, Traditional
Cultural Expressions, Sui generis, Tanzania.