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

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 It recommends that a comprehensive intellectual property policy be put in place, the Patents Act be repealed and be replaced with one industrial property law.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.