An Appraisal of the law and Development issues in Intellectual Property in Tanzania
What are Intellectual Property Rights (IPR)?
IPR is a general term covering patents, copyright, trademark, industrial designs, geographical indications, layout design of integrated circuits, undisclosed information (trade secrets) and new plant varieties.
What are the legislations covering IPRs in Tanzania? The Legislation that covers Intellectual Property in Tanzania include the above
The Copyright and Neighboring Rights Act 1999 Act
The Patents Act, 1987 as amended in 1999, 2002 and 2005
The Trade and Service Act,1986
The Fair Trade Practice Act,1994 Act N0 4
1. The Framework of Assessment;
The Copyright Act, The Framework of Assessment The subject under enquiry centers on assessing the functional or otherwise dysfunctional effect of IPR system when assessed from a broader developmental point of view. Thus, to yield a balanced outcome, the chosen methodology compels the deployment of a hybrid approach that is cognizant of the inherent nature of IPR; hence the assessment model is based on a rights discourse and the qualitative assessment on the impact of IPR strategies at different levels and contexts of human development. The rights discourse affords a necessary and balanced assessment platform that considers the varying national and institutional circumstances, which consequently influence the choices of appropriate national strategies. To complement on the rights discourse, the qualitative review of national policies and laws on IPR is made to interrogate the appropriateness of existing statutory and regulatory set-ups in spurring human development. Furthermore, the qualitative review is preferred as a viable methodology that can guide an effective and critical analysis of contemporary international approaches on enforcement and implementation of IPR which, for many decades, its formulation has been based on the conceptual orientation that treats IPR as mere market monopolistic tools, thus belittling its potential developmental spill-overs. To formulate a logical assessment platform, this paper begins by setting the base by outlining the context in which development may be looked at, then proceed to draw the interface of the essential developmental contours with the IPR system.
2. Strengthening the Enforcement of IPR;
Effective IPR enforcement infrastructure is another key prerequisite for achieving desired human developmental goals. It serves as a deterrent tool for commercial scale IPR infringements. The absence of strong enforcement framework for IPR tend to discourage creativity by discouraging investment in research for developing new solutions for the fear that others may copy and use their creative process, products, or works without risking legal sanctions. One of the ways through which the enforcement of IPR can be strengthened is by undertaking a wholesome IPR legislative review to reflect recent global developments. In Tanzania, the establishment of High Court (Commercial Division) has had some desired effect in terms of improving the speed in the determination of IPR-related disputes. However, higher court filing fees may have a deterrent effect. It is also crucial to set up continuous IPR awareness programs for Judges, magistrates, the police, and customs officers; particularly on evidentially and procedural issues relating to IPR, which may lead to expeditious resolution of IPR-related disputes and enriching the jurisprudence of IPR in Tanzania.
3. Conclusion;
The paper has highlighted on the inseparable linkage between IPR regulation and developmental related issues in Tanzania, despite the general lack of institutional cohesion and linkages in most national sectoral policies. All along, the argument stresses on the tremendous economic and social development potential if appropriate approaches of IPR are applied in Tanzania. The thrust of the narrative is on two critical aspects: the ubiquitous nature of IPR, which makes it relevant and applicable to all fields of human development; and the net gain that may result from its strategic integration in various national development initiatives. The argument is, there is a significant policy and regulatory space within the international IPR legal regimes which, if effectively used by Tanzania, may galvanize human development by encouraging innovation and creativity. In turn, creativity will lead to improved production and service delivery and general quality of life, which are hallmarks of human development. Thus, there is an urgent need for the adoption.
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