Exploring Mediation as a Mechanism for Resolving Patent Disputes in Tanzania: Prospects and Challenges

Patent protection plays a crucial role in stimulating innovation, investment, and technological advancement. However, the growing complexity of patent disputes has exposed major weaknesses within Tanzania’s conventional court system, including procedural delays, high litigation costs, and inadequate technical expertise among judicial officers. This study, employing a doctrinal research methodology, examines the use of mediation as a mechanism for resolving patent disputes under Tanzania’s legal framework, drawing upon the Patents (Registration) Act, the Arbitration Act, and relevant procedural rules. The study identifies challenges to the use of mediation in the settlement of intellectual property disputes, particularly those involving patents. It finds that, although Tanzania’s legal environment generally recognizes alternative dispute resolution, it lacks explicit provisions and institutional capacity for mediation in this area. Furthermore, limited awareness among inventors and the absence of mediators with technical expertise in patent law further constrain the utilization of the system. The study concludes that integrating mediation into the patent dispute resolution framework, particularly within the operations of the Business Registrations and Licensing Agency (BRELA), would enhance efficiency, confidentiality, and access to justice. This, in turn, would promote innovation, strengthen investor confidence, and align Tanzania’s patent regime with international best practices.