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.