Enhancing Public Health in Tanzania: Underutilised Opportunities in the Agreement on Trade-Related Aspects of Intellectual Property Rights (TRIPS)

Abstract

Using a doctrinal legal research approach, this paper analyzes the legal framework governing patents in Tanzania to evaluate its effectiveness in leveraging the opportunities provided by the Agreement on Trade-Related Aspects of Intellectual Property Rights (TRIPS Agreement) to support public health. The findings reveal that Tanzania does not fully capitalize on the public health-related flexibilities within the TRIPS Agreement. Notably, it omits key public health-sensitive flexibilities, such as the transitional period and the Bolar exception, which are critical for promoting public health. The paper highlights that Tanzania undermines its public health interests by failing to fully exploit the relevant TRIPS flexibilities. Therefore, it is recommended that Tanzania seize the opportunities presented by the TRIPS Agreement by temporarily excluding medicines from patent protection while developing comprehensive patent legislation that incorporates all available options relevant to public health concerns.