Protection of Traditional Knowledge and Traditional Cultural Expressions in Mainland Tanzania

Abstract

The legal protection of Traditional Knowledge (TK) andTraditional Cultural Expressions (TCEs) has been underdiscussion in different forums. The benefits derived from thelegal protection of TK and TCEs necessitate the enactment ofspecific or incorporation of sufficient provisions within theexisting legal framework. The international IntellectualProperty Community has proposed for the adoption of the suigeneris approach to the protection of TK and TCEs due to thechallenges and inadequacy associated with the application ofthe existing Intellectual Property Rights. Some countries, likeKenya in the East African Community, have adopted theproposed approach while other countries like Tanzania havenot hence facilitating Traditional Cultural Expressions to beexploited by third parties without consultation of, and benefitsharing by, the community from which the expressionsoriginate. This article makes a case for Tanzania to adoptinternational standards on the protection of TK and TCEs.Key Words: Intellectual Property, Traditional Knowledge, TraditionalCultural Expressions, Sui generis, Tanzania.