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

Abstract

This article explores the policy, legal and institutionalchallenges facing regulation of patents in MainlandTanzania. It addresses the problem of delay inreviewing the Act for a very long time which defeatsthe fact that the patent law needs constant review if itis to keep up with the ever changing nature of patents.It analyzes the policy, legal and institutionalframeworks pointing out the challenges andprospects. The challenges addressed are: One, lack ofa comprehensive policy that addresses intellectualproperty generally and patents specifically. Two, theAct is largely compliant with TRIPs though it needssome reforms. Three, there are serious challengesfacing the administrative and enforcement organs interms of, inter alia, limited infrastructural and expertisebase. It recommends that a comprehensiveintellectual property policy be put in place, the PatentsAct be repealed and be replaced with one industrialproperty law. There should also be established anautonomous industrial property office.Key words: Patent, Invention, Intellectual Property, Industrial Property,Law, Policy, Tanzania.