Assessment of the legal framework for management of intellectual property and technology transfer resulting from publicly funded research and development in Tanzania

Kadege, Judith Francis

Assessment of the legal framework for management of intellectual property and technology transfer resulting from publicly funded research and development in Tanzania

Thesis / Dissertation

2026

Publisher

University of Cape Town

Department

Department of Commercial Law

Faculty

Faculty of Law

Abstract

The approach to managing intellectual property and technology transfer from publicly financed research and development (R&D) in Tanzania is both inadequate and unclear. Despite being an early adopter of research science and technology systems in Sub-Saharan Africa, Tanzania faces ongoing challenges due to limited technological capacity. This results in issues with intellectual property (IP) protection, technology transfer mechanisms, fair distribution of benefits, and private sector engagement in R&D, funding coordination, and effective marketing strategies for the products created. The study is designed to examine the legislative framework that governs the management of IP and technology transfer (TT) resulting from publicly financed R&D in Tanzania. The goal is to evaluate the relevance and practicality of the current legal system while also drawing insights and potential solutions from established global frameworks and best practices, particularly those found in South Africa and the United Kingdom. The rationale for selecting these two nations lies in their established systems for managing and utilising IP generated from publicly funded R&D activities. The aim is to learn from their experiences and incorporate best practices that can enhance Tanzania's capacity to effectively leverage its IP from publicly funded projects. The study additionally includes insights on global and regional systems that facilitate the promotion of IP, technology transfer, and R&D. This inquiry also intends to delve into the following significant matters related to the regulation of IP and TT that arise from R&D funded by public resources. First, it investigates whether Tanzania has established a clear and comprehensive legal framework for the regulation and management of IP and technology transfer stemming from publicly funded R&D. Secondly, it assesses whether the current legal and institutional arrangements for managing IP from publicly funded R&D are adequate for regulating, monitoring, and implementing the specific provisions of national science and technology and research policies. The study further looks into the strategies employed by Tanzanian universities and public research institutions in managing and utilising IP generated from their R&D activities. Findings from the study show that the current Tanzania's legal framework for IP, technology transfer, and R&D is not adequate to effectively manage IP arising from publicly funded research activities. The existing legal framework is unclear, fragmented outdated, and lacks effective coordination between key stakeholders, which creates substantial obstacles in the management and exploitation of IP and R&D outputs from publicly funded undertakings.

Keywords

intellectual property

publicly financed research

Reference:

Collections

PhD / Doctoral

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