Intellectual property rights and environmental protection: A review of Tanzania's policy and legal framework

Abstract This article examines how policy and regulatory approaches to environmental protection in Tanzania integrate intellectual property rights (IPR) perspectives as a key intervention. It focuses on patents as a subset of IPR and one of the key drivers of green innovation, while other types of IPR are discussed peripherally. The concern emanates from the ubiquity of IPR and its centrality in shaping policy and regulatory reforms in diverse fields, including environmental protection. The debate on the interface between patents, as a subset of IPR, and environmental protection is steadily gaining momentum globally, partly because environmental protection issues are central to fostering the sustainable development agenda. Consequently, several regulatory measures have been implemented, including a focus on the use of environmentally friendly technologies to mitigate the impact of intrusive human activities on the environment. Although Tanzania's national environmental policy and legal framework support the use of various scientific and technological tools to mitigate the harm caused by human activity to the environment, there is no explicit mention of patents as one of the strategic drivers. The patent system is structured to, among other things, advance and safeguard scientific and technological advancements. Thus, its inclusion and integration into Tanzania's national environmental protection measures could be a valuable addition. The review employs an exploratory and rights discourse approach in analysing the regulatory gaps and potential setbacks. The article highlights a lack of regulatory nexus between patent protection and environmental conservation measures, as evident in Tanzania's current environmental policies and laws. Thus, the article advocates for the explicit integration of patent protection as one of the interventions in environmental protection measures, promoting institutional coordination between the national IPR office and the authority responsible for environmental protection to achieve effective and sustainable environmental protection.