The Position of Intellectual Property Laws in Upholding Traditional
Traditional Knowledge (TK) and Traditional Cultural Expressions (TCEs) are fundamental elements of the cultural identity and heritage of indigenous and local communities in Mainland Tanzania. These forms of knowledge, rooted in long-standing traditions and passed down through generations, include oral literature, music, rituals, traditional medicine, crafts, and ecological knowledge. However, the increasing commercialization of culture, globalization, and lack of adequate legal safeguards have exposed these intangible assets to misappropriation and exploitation without the consent or benefit of the originating communities. This article examines the position of Intellectual Property (IP) laws in Tanzania concerning the recognition, protection, and promotion of TK and TCEs. It evaluates current legislative and institutional frameworks, including the Copyright and Neighboring Rights Act, the Patent Act and The National Arts of Council Act with relevant cultural policies. The analysis highlights major legal and practical challenges such as the intellectual Property systems and indigenous knowledge systems, lack of community control, weak enforcement, and absence of benefit sharing mechanisms. Drawing from international best practices and regional protocols like the Swakopmund Protocol, the article proposes the development of a sui generis legal regime in Tanzania that aligns with the socio-cultural realities of communities while ensuring equitable access, benefit sharing, and sustainable cultural preservation.
Knowledge (TK) and Traditional Cultural Expressions(TCEs) in Mainland Tanzania.
