National Policies and Legal Frameworks
Governing Traditional Knowledge andEffective Intellectual Property Systems inSouthern and Eastern Africa: The Case of
Traditional Healers in Tanzania
African Technology Policy Studies Network

WORKING PAPER SERIES | No. 64
Georges S. Shemdoe (PhD)
Loy Mhando

National Policies and Legal Frameworks
Governing Traditional Knowledge and EffectiveIntellectual Property Systems in Southern andEastern Africa: The Case of Traditional Healers
in Tanzania

Georges S. Shemdoe (PhD)
Tanzania Commission for Science and Technology
Loy Mhando
Business Registrations and Licensing Agency

The African Technology Policy Studies Network (ATPS) is a multidisciplinary network of researchers, private sector actors andpolicy makers promoting the generation, dissemination, use andmastery of science, technology and innovation (ST&I) for African
development, environmental sustainability and global inclusion.
ATPS intends to achieve its mandate through research, capacity
building and training, science communication/dissemination andsensitization, participatory multi-stakeholder dialogue,knowledge brokerage, and policy advocacy.
Published by the African Technology Policy Studies Network
P O Box 10081, 00100 GPO Nairobi Kenya
2012

Published by the African Technology Policy Studies Network

ISBN: 978-9966-030-33-7

Table of Contents
Acknowledgement

4

List of Acronyms

5

1.

Introduction

6

2.

Objectives of the Study

113.

Literature Review

10

4.

Methodology

14

4.

Field Work Data & Preliminary Analysis

175.

Preliminary Conclusions & Recommendations

19

Bibliography

21

National Policies and Legal Frameworks Governing Traditional Knowledge and Effective Intellectual Property Systems in Southern and Eastern Africa: The Case of Traditional Healers in Tanzania | 3

Acknowledgement
This paper was produced as part of the implementation of the ATPS phase VI
Strategic Plan, 2008-2012 funded by ATPS Donors including the Ministerie van
Buitenlandse Zaken (DGIS) the Netherlands, Rockefeller Foundation, OpenSociety Foundation, UNESCO, European Union, African Union, amongst others.
The authors hereby thank the ATPS for the financial and technical support during
the implementation of the Intellectual Property Program. The authors particularly
thank the Executive Director of the ATPS Prof. Kevin Urama for his visionary
leadership and all members of his team at the ATPS. We are also grateful to theProgramme Coordinators including Mr. Joseph Wekundah of the Biotechnology
Trust Africa, Dr. Maurice Bolo (ATPS), Dr. Nicholas Ozor (ATPS), Prof. Moni
Wekesa (Mount Kenya University) for their technical supports to the Programme.

4 | National Policies and Legal Frameworks Governing Traditional Knowledge and Effective Intellectual Property Systems in Southern and Eastern Africa: The Case of Traditional Healers in Tanzania

List of Acronyms
ADRI
ARIPO
CA
CBD
CIPR
CIPR
COSTECH
ESRF
FAO
FFM
FGD
ICTSD
IP
ITM
LDCs
LinKS
MoHSW
MUHAS
SPSS
STI
TFNC
TH
TK
TRIPS
UNCTAD
UNESCO
URT
USDM
WHO
WIPO
WTO

Animal Disease Research Institute
African Regional Intellectual Property Organization
Content Analysis
Convention of Biological Diversity
Commission on Intellectual Property Rights
Coalition for Intellectual Property Rights
Tanzania Commission for Science and Technology
Economic and Social Research Forum
Food and Agriculture Organisation
Fact-Finding Mission
Focus Group Discussion
International Centre for Trade and Sustainable Development
Intellectual Property
Institute of Traditional Medicine
Least Developed Countries
Local and Traditional Knowledge Systems
Ministry for Health and Social Welfare
Muhimbili University of Health and Allied sciences
Statistical Package for Social Sciences
Science, Technology and Innovation
Tanzanian Food and Nutrition Centre
Traditional Healer
Traditional Knowledge
Trade-Related Aspects of Intellectual Property Rights
United Nations Conference on Trade and Development
United Nation Educational and Scientific and Cultural
Organisation
United Republic of Tanzania
University of Dar es SalaamWorld Health Organisation
World Intellectual Property Organisation
World Trade Organisation

National Policies and Legal Frameworks Governing Traditional Knowledge and Effective Intellectual Property Systems in Southern and Eastern Africa: The Case of Traditional Healers in Tanzania | 5

1. Introduction
This working paper reports about a study on the National Policies and Legal
Frameworks Governing Traditional Knowledge and Effective Intellectual Property
Systems in Southern and Eastern Africa: The Case of Traditional Healers in
Tanzania, which was conducted from January 2010 to October 2010. The study
has explored the existing policy and legal frameworks and the community
protection mechanisms of traditional knowledge in Tanzania.
The study also examined previous studies undertaken on protection of traditional
knowledge and synthesized the recommendations thereof, for the purpose ofsuggesting possible modalities for the protection of TK to be proposed to theglobal ongoing debate on TK protection. The study included literature survey ofthe policy and legal frameworks relevant to protection of TK existing in Tanzania;
literature survey on the global and regional situation on the subject matter; anddata collection on the protection mechanisms for TK by the traditional healers intheir community. Data was collected using questionnaire and traditional healers'
focus group discussion, district officials responsible for culture, environment,
forestry and agriculture in the two districts.
The paper comprises of six sections. The first one is the introduction, which
provides information about the study. The second part is on the objectives of thestudy. The third section is on literature review. It gives definition of TK and thegeneral overview of the protection of TK. Additional information is provided on theprotection situation in Tanzania; global overview of the protection of TK andinitiatives developed to establish protection regimes on TK; the analysis of TK in
Tanzania; and the establishment of TK systems in the country. The fourth section
is on the methodology that was used in the study. Section five is about the field
6 | National Policies and Legal Frameworks Governing Traditional Knowledge and Effective Intellectual Property Systems in Southern and Eastern Africa: The Case of Traditional Healers in Tanzania

work data and preliminary analysis. Section six provides conclusions andrecommendations.
1.1
Background Information
In Tanzania, TK has no official protection mechanisms, except for the folklore, of
which its protection provision is provided by the Copyright and Neighboring Right
Act, Cap. 218, RE 2002 (URT, 1999). The laws governing protection of industrial
property do not have provisions for the protection of TK. These are the Patent Act,
Cap. 217 RE 2002, Trade and Service Mark Act, Cap. 326 RE 2002 (URT 1986,
URT 1987). The ARIPO Instrument on the protection of traditional knowledge,
genetic resources and folklore has been discussed in several fora, but yet there isno law enacted to provide protection for TK.
In the case of traditional medicines, a law was enacted in 2002 – The Traditionaland Alternative Medicine Control Act No. 23 of 2002. A National Office wasestablished as the Traditional Medicine Section of the Department of Curative
Services at the Ministry for Health and Social Welfare (MoHSW) in 1998. Currently,
there is a Registrar of Traditional Healers (TH) at MoHSW. Also the Institute of
Traditional Medicine (ITM) was founded in 1974 at the current Muhimbili
University of Health and Allied sciences (MUHAS) WHO, 2005).
1.2
Problem Statement
The issue of protection of TK has been a debate in a number of fora, but to datethere is yet a global agreed mechanism on how TK should be protected. The
focus has always been to fit TK protection in the existing classic protection
mechanisms. Article 27 (3) (b) of the Trade-Related Aspects of Intellectual
Property Rights (TRIPS) Agreement has given provisions to member states toconsider protection of TK using existing intellectual property systems, as well as
geographical indications and sui generis forms of protection (WIPO, 1997). These
are just provisions with no proper ways to enable TK be protected as some of therequirements for the protection by the current system cannot be met by TK. For
instance the protection through patents requires that the invention be by anindividual, but most of the TK is owned by communities. For obtaining a proper
protection mechanism there are a few questions that need some considerations:
how should TK be protected? What do indigenous communities wish to protect
and what is the best method of achieving this? Most of the considerations madeso far have not taken into account that the indigenous communities had their own
National Policies and Legal Frameworks Governing Traditional Knowledge and Effective Intellectual Property Systems in Southern and Eastern Africa: The Case of Traditional Healers in Tanzania | 7

means of protecting their IP. The study has considered to un-earth the indigenous
protection systems and proposes them to be incorporated into the existing
conventional system. This has been done through investigating the traditional
healers in two districts in Tanzania.
Tanzania, like many African countries, is rich in Traditional Knowledge,
Expressions of Folklore and Genetic Resources. However, no comprehensive or
appropriate mechanism is available for protection of rights arising out of the use
and exploitation of the respective subject matters.

8 | National Policies and Legal Frameworks Governing Traditional Knowledge and Effective Intellectual Property Systems in Southern and Eastern Africa: The Case of Traditional Healers in Tanzania

2. Objectives of the Study
2.1
Objective
The major objective of the study was to build a body of knowledge in the area ofprotection of traditional knowledge in Tanzania.
2.2
Specific Objectives
1. To examine the existing legal and policy frameworks relevant to protection of
TK in Tanzania.
2. To examine previous studies on protection of traditional knowledge andsynthesize the recommendations thereof, for the purpose of suggesting
possible modalities for the protection of TK to be proposed to the global
ongoing debate on TK protection.
3. To gather and document existing protection mechanisms among thecommunities. The case of traditional healers in two districts of Tanga region.
4. To gather the mechanisms in which the traditional healers transfer theirknowledge to others.
5. To synthesize the mechanisms of indigenous protection of TK and propose astrategy to adopt them in the system of protection of TK.

National Policies and Legal Frameworks Governing Traditional Knowledge and Effective Intellectual Property Systems in Southern and Eastern Africa: The Case of Traditional Healers in Tanzania | 9

3. Literature Review
3.1
Traditional Knowledge-What is it?
Traditional knowledge has played and still plays an important role in the lives ofmany people globally. It has particularly been essential for food security andhealth care for millions of people in developing countries. Up to 80% of the
population in these countries depends on traditional medicines in meeting theirhealth care demand (CIPR, 2002).
There is no exact definition for Traditional Knowledge (TK) globally, but TK has
raised a debate on how it should be protected in the recent years. The WorldIntellectual Property Organization (WIPO) is currently using the following
definition:
The term traditional knowledge refers to the content or substance ofknowledge resulting from intellectual activity in a traditional context, andincludes the know-how, skills, innovations, practices and learning that form partof traditional knowledge systems and knowledge embodying traditional
lifestyles of indigenous and local communities, or contained in codified
knowledge systems passed between generations. It is not limited to any
specific technical field and may include agricultural, environmental andmedicinal knowledge, and knowledge associated with genetic resources(Saurombe, A. 2009).
3.2
Protection of Traditional Knowledge
The issue of protection of TK has been debated in a number of fora, but there is
yet a global agreed mechanism on how TK should be protected. The focus has
always been to fit the TK protection in the existing classic protection mechanism.
Article 27 (3) (b) of TRIPS Agreement has given a provision to member states to
10 | National Policies and Legal Frameworks Governing Traditional Knowledge and Effective Intellectual Property Systems in Southern and Eastern Africa: The Case of Traditional Healers in Tanzania

consider protection of genetic resources using existing intellectual propertysystems, as well as geographical indications and sui generis forms of protection(WIPO, 1997). These are just provisions with no proper ways to enable traditional
knowledge be protected as some of the requirements for protection by thecurrent system cannot be met by TK. For instance, the protection through patents
requires that the invention be by an individual, but most of the TK is owned bycommunities. To obtain a proper protection mechanism, there are a few
questions that need some considerations: How is traditional knowledge
protected?; What do indigenous communities wish to protect?; and What is thebest method for achieving this? Most of the considerations made so far have nottaken into account that the indigenous communities had their own means ofprotecting their IP.
The major question is whether the conventional protection mechanisms could beapplied to traditional knowledge or not. However, on analyzing theseconventional mechanisms for the protection of intellectual property; it appears
that they are ineffective in protecting traditional knowledge. For instance, the highcost of effective protection by patents is far beyond the means of most holders of
traditional knowledge and the limited period of protection does not fullycompensate for the disclosure of the knowledge which was guarded for
hundreds of years. Furthermore, the novelty of traditional knowledge which wasused over several centuries may be legally challenged. Trademarks may be
useful to protect expressions of traditional knowledge like handicrafts, but they
are of no use in protecting traditional knowledge itself. Similarly, geographicalindications will protect the product but not the traditional knowledge. Copyrights
for traditional knowledge will not be effective as well as it would be difficult to
enforce. Traditional knowledge that has not been documented survives today
usually as a “family secret” similar to a trade secret. However, traditional
knowledge maintained as family secrets have a tendency to leak or gradually
move into the public domain and their leakage cannot be effectively prevented
unlike trade secrets in the corporate sector.
One of the solutions will be to institute the sui generis system for such protection.
Also defensive protection through documentation of traditional knowledge could
be used so that the TK should not be used by others in patenting.

National Policies and Legal Frameworks Governing Traditional Knowledge and Effective Intellectual Property Systems in Southern and Eastern Africa: The Case of Traditional Healers in Tanzania | 11

3.3
Global Overview on TK
Traditional knowledge has played and still plays an important role in the lives ofmany people globally. It has particularly been essential for food security andhealth care for millions of people in developing countries.
The issue of protection of traditional knowledge has just come recently from thepressures of many developing countries, holders of traditional knowledge andcampaigning organizations. This was due to a number of cases on theappropriation of knowledge and genetic resources of farming and indigenous
communities by individuals or institutions seeking monopoly control (bio-piracy)(CIPR, 2002).
In the international arena, issues of attempting to recognize and protect
traditional knowledge started in 1981 when WIPO and UNESCO adopted amodel law on folklore. This was followed by the 1989 recognition of the farmers'
right which was introduced by FAO in its International Undertaking on Plant
Genetic Resources. The 1992, Convention on Biological Biodiversity (CBD) also
has emphasized on the protection of traditional knowledge. The protection of
traditional knowledge is further being discussed within the framework of CBD inother international organizations such as FAO, UNESCO and UNCTAD (CIPR,
2002; ICTSD, 2003). Furthermore, the Doha WTO Ministerial Declaration directed
the TRIPS Council to do further work on the protection of traditional knowledge.
Another international initiative to seek a way to protect traditional knowledge wasthrough the WIPO Fact-Finding Mission (FFM). WIPO needed to know andunderstand the needs and expectations of the traditional knowledge holders.
This was carried out between 1998 and 1999. FFM identified a number of needs
and expectations for the traditional knowledge holders of which it is evident thatsome are conflicting or reflect competing policies. The needs identified pose achallenge to the entire IP community and collaborative effort by other relevantorganizations and processes are needed (WIPO, 2001).
At a WIPO Meeting on Intellectual Property and Genetic Resources which washeld in 2000, it came out clear that there is an interrelation between genetic
resources and the new global issues of TK, folklore and biodiversity. WIPO
should facilitate the continuation of consultations between member states andother relevant organizations, through conduct of legal and technical studies and
12 | National Policies and Legal Frameworks Governing Traditional Knowledge and Effective Intellectual Property Systems in Southern and Eastern Africa: The Case of Traditional Healers in Tanzania

setting up of an appropriate forum within WIPO for future work. This led toestablishment of the Intergovernmental Committee on Intellectual Property andGenetic Resources, Traditional Knowledge and Folklore in 2001. So far, there is
yet to be a comprehensive regime to govern protection of traditional knowledge.
3.5
Analysis of Traditional Knowledge in Tanzania
Tanzania, like many African countries, is rich in Traditional Knowledge,
Expressions of Folklore and Genetic Resources. However, no comprehensive or
appropriate mechanism is available for protection of rights arising out of the use
and exploitation of the respective subject matters.
It is undisputable that due to lack of a comprehensive system for protection of thesaid subject matters, Tanzania has lost and continues to lose opportunities bothin form of utilization, transfer and transformation of otherwise Traditional
Knowledge based technologies into Intellectual Property Rights in absence ofany formal and binding agreements for possible equitable benefits sharing.
The historical background of Traditional Knowledge surrounds local
communities and indigenous people's mode of life, in which case, their systems
of protection was largely depended on the respect for communal and common
understanding of their respective cultural norms and values.
In essence, the social economic development brought about by what could
simply be associated with “civilization”, has rendered the said systems
unrespectable, ineffective and hardly sustainable.
Tanzania has exploited the traditional health practices for a long time even before
the arrival of foreigners. Over 60% of health seeking population has a traditional
healer as the first point of contact. In the year 2000, it was estimated that there
were about 75,000 traditional health practitioners in the whole country,
exemplifying a ratio of traditional health practitioner over people population as
1:400, while that of doctors over patients was 1:20,000 (Mhame, 2000). Like in theother societies, in Tanzania, the people have over the centuries, developed a wide
variety of technologies from exploration of medicinal properties of plants, extractsof animals and marine life. Most of such indigenous knowledge was handled
down, through the ages, by oral tradition.

National Policies and Legal Frameworks Governing Traditional Knowledge and Effective Intellectual Property Systems in Southern and Eastern Africa: The Case of Traditional Healers in Tanzania | 13

4. Methodology
4.1
Study Area
Tanzania is located in Eastern Africa, and lies between longitude 290 and 410 Eastand latitude 10 and 120 south1. Tanzania has an estimated land area of about
945,000 km2, with a population of about 42 million people and the population is
growing at the rate of 2.9% per annum2. The current official per capita income isestimated at TZS 548,388 (USD 540) in 2007 and about 50% of the population live
below the poverty line3 ranking Tanzania among the world's Least Developed
Countries (LDCs). The study was carried out in two districts of Tanga region in thenorth-eastern part of Tanzania namely: Lushoto and Handeni. Both districts arewell known for having reliable traditional healers.
4.2
Data Collection
Data was collected using various research instruments including: documentary
review, focus group discussion and questionnaire survey.
4.2.1 Documentary Review
Intensive literature review was made on analysing the global overview andtraditional knowledge in Tanzania as well as analysing the relevant legislation andpolicies in respect to protection of TK in Tanzania. The main bodies that havelegislation provisions on protection of TK include: The National Arts Council Act,
The Alternative and Traditional Medicine Act, Institute of Traditional Medicine Act,
Foods and Drugs Act, Animal Disease Research Institute (ADRI) Act, Patents Act,
1

Tanzania, United Republic of (2010),“Country Profile” http://www.tanzania.go.tz/ministriesandinstitutions.htlm
Tanzania, United Republic of (2010),“Hali ya Uchumi wa Taifa, 2007”
http://www.tanzania.go.tz/ministriesandinstitutions.htlm.
3
Ibid.
2

14 | National Policies and Legal Frameworks Governing Traditional Knowledge and Effective Intellectual Property Systems in Southern and Eastern Africa: The Case of Traditional Healers in Tanzania

Trade and Service Marks Act, Copyrights and Neighbouring Rights Act, National
Institute of Medical Research Act, National Commission for Science andTechnology Act, The Protection of New Plant Varieties (Plant Breeders' Rights)
Act, and African Regional Intellectual Property (ARIPO) Traditional Knowledge
Model Law. The policies which were reviewed include: National Health Policy;
Science, Technology and Innovation (STI) Policy (draft); Forest Policy;
Agricultural Policy; Environmental Management Policy; and Trade Policy.
Previous studies on protection of TK were also studied and analyzed. The
following studies were analyzed:> Msuya (2007) “Challenges and opportunities in the protection of Indigenous
knowledge in Africa”> Bridel “Status of Protection of the Environment, Traditional and Plant
Medicine in Uganda, Tanzania and Kenya” in the “Study of Indigenous Plants
and Non-Timber Products as Related to Traditional Medicine in the Nuba
Mountains and Southern Blue Nile Region of South Sudan”.
4.2.2 Focus Group Discussion
A focus group discussion which included among others the traditional healers
and the district officers dealing with forest, cultural, and environmental issues
was held. In this meeting, the study was introduced and opinions were sought on
the research and the issue of protection of traditional knowledge. Discussions
were made with the District Cultural Officer, who identified the traditional healers
who were invited to the focus group discussion. During this meeting a pre-testingof the questionnaire was conducted. Discussions were also made with theDistrict Executive Director on the study.
4.2.3 Questionnaire Survey
Three different questionnaires (for traditional healers, beneficiaries of the
traditional medicines and officials) were administered and data was collected.
Data requested for in the questionnaire covered different main areas as shown
below:
Questionnaire for Traditional healers: This included: the personal particulars with
9 questions; diseases cured by the traditional healer and access to medicinal
plants with 8 questions; protection mechanisms with 20 questions.
Questionnaire for Beneficiaries: This included: the personal particulars with 9questions; utilizing services of traditional healers with 9 questions; protection
National Policies and Legal Frameworks Governing Traditional Knowledge and Effective Intellectual Property Systems in Southern and Eastern Africa: The Case of Traditional Healers in Tanzania | 15

mechanisms of traditional knowledge with 8 questions.
Questionnaire for Authorities: This included: the personal particulars with 6questions; coordination, registration and protection of traditional healers'
knowledge with 10 and access to medicinal plants with 12 questions.
The data was collected by enumerators who were mainly the Ward Executive
Officers who knew who the traditional healers in their wards were.
4.3
Sampling
The Lushoto district has got 8 Divisions and 32 Wards. Out of the 32 Wards, 10
wards were selected randomly for the administration of the questionnaire.
Similarly, in Handeni district, 10 wards out of 19 wards were selected randomly foradministering of the questionnaires. In each district, 100 questionnaires for the
traditional healers, 200 hundred questionnaires for beneficiaries and 20
questionnaires for officials were administered. In total 200 questionnaires fromtraditional healers were collected. Two hundred and fifty (250) questionnaires forbeneficiaries were collected and 37 questionnaires for officials were collected.
There was no affirmative decision on the gender issues. In these communities,
men are the spokespersons of their household.
4.4
Data Analysis Techniques
The data collected were analyzed using the Statistical Package for Social
Sciences (SPSS) programme. Other data collected was analyzed using content
analysis (CA) approach.

16 | National Policies and Legal Frameworks Governing Traditional Knowledge and Effective Intellectual Property Systems in Southern and Eastern Africa: The Case of Traditional Healers in Tanzania

5. Field Work Data &Preliminary Analysis
5.1
Legal Frameworks
Tanzania has no comprehensive and appropriate mechanism for protection ofrights arising out of use and or exploitation of Traditional Knowledge. The main
legislation which could have provisions on protection of TK include: The National
Arts Council Act; The Alternative and Traditional Medicine Act; Institute of
Traditional Medicine Act; Foods, Drugs and Cosmetics Act; Animal Disease
Research Institute (ADRI) Act; Tanzania Patent Act; Trade and Service Marks Act;
Copyrights and Neighbouring Rights Act; National Institute of Medical Research
Act; National Commission for Science and Technology Act; The Protection of
New Plant Varieties (Plant Breeders' Rights) Act; and African Regional Intellectual
Property (ARIPO) Instrument on the protection of Traditional Knowledge, Genetic
resources and Expression of Folklore.
5.2
Policy Frameworks
The main Policies that would have provisions for the proper protection of
Traditional Knowledge include: National Health Policy; Science, Technology andInnovation (STI) Policy (draft); Forest Policy; Agricultural Policy; Environmental
Management Policy; and Trade Policy. These policies were analyzed to find out
whether they have got policy statements concerning protection of traditional
knowledge.
In the analysis, it was found out that the National Healthy Policy of 2007 which hasa policy statement of working together with the traditional healers, traditional
nurses and is recognizing the importance of both traditional and alternative
National Policies and Legal Frameworks Governing Traditional Knowledge and Effective Intellectual Property Systems in Southern and Eastern Africa: The Case of Traditional Healers in Tanzania | 17

medicines as the only one stating issues relevant to TK. The policy has nostatement on the protection of TK.
5.3
Utilizing Services of Traditional Healers
The study has revealed that traditional medical services are being used by mostpeople particularly in the rural settings 98% (N=229) though they have ranked it
as second choice in their preference 72.1% (N=176). The Commission onIntellectual Property Rights (CIPR) (2002) has reported that up to 80% of the
population in the developing countries depends on traditional medicines inmeeting their health care demand.
5.4
Awareness on TK related Legislation
Investigation was conducted to test the level of awareness of the traditional
healers on related legislation. This is a question which most of the traditional
healers did not respond 61% (N=122). It is an indication of the lack of awarenesson the legislation of concern to the traditional healers. On the remaining 39%(N=78) who responded, the result indicates that most of the healers are aware of
the Traditional and Alternative Medicines Control Act - 64% (N=50). This is an Act
which provides a provision of promoting control and regulation of traditional
medicine and alternative medicines and regulates the conduct of practitioners
and registration of practitioners. Registration of the traditional healers provides
them with recognition. It is logical that many had interest in obtaining some
information about this Act.
5.5
Mechanisms of Indigenous Protection of TK
The identified indigenous protection of traditional knowledge is through secrecy
and training of children as a way of protecting their knowledge. Documenting oftraditional medicines and the diseases the medicines cure was also identified asa mechanism for protection. But also the documentation will be kept secret by thebeholder of that knowledge.

18 | National Policies and Legal Frameworks Governing Traditional Knowledge and Effective Intellectual Property Systems in Southern and Eastern Africa: The Case of Traditional Healers in Tanzania

6. Preliminary Conclusions& Recommendations
6.1
Conclusions
Protection of traditional knowledge is yet an issue for further debate. This study
revealed that protection mechanisms among the community is mainly secrecy,
which cannot be recommended as a means of protecting the TK. Leakage of thesecrecy could lead to no protection. As TK is not documented there is a danger oflosing this knowledge. There is a threat of TK extinction due to lack of recording
and problems associated with preservation and protection of the knowledge
from pirates.
The service of traditional healers is required and has got its contribution to thehealth care of the society. Though the respondents rate traditional medicines as
the second choice, most of them use this service. There is a need for respect forthis contribution. Few traditional healers are aware of the legislation concernedwith the conventional intellectual property protection mechanism. This concurs
well with the general tendency in Tanzania on lack of awareness on intellectual
property rights issues. This is because the whole issue of IPR is relatively new tothe public in Tanzania.
There is no policy with relevant issues to TK except the National Health Policy of
2007, which has a policy statement of working together with the traditional
healers, traditional nurses, is recognizing the importance of both traditional andalternative medicines.
The current legal framework do not provide for protection of TK. The proposed
National Policies and Legal Frameworks Governing Traditional Knowledge and Effective Intellectual Property Systems in Southern and Eastern Africa: The Case of Traditional Healers in Tanzania | 19

ARIPO Instrument on the Protection of Traditional Knowledge and Expressions ofFolklore is providing for protection of TK.
6.2

Recommendations

6.2.1 Establishing a Legal Frame Work for Protection of TK
It is recommended that Tanzania needs a comprehensive legal mechanism forthe protection of Traditional Knowledge, lack of which the country has lost andcontinues to lose opportunities in the cause of utilization, transfer andtransformation of Traditional Knowledge based technologies. An instrument
could be developed based on the ARIPO Instrument on the Protection of
Traditional Knowledge and Expressions of Folklore.
6.2.2 Emphasizing on the Documentation of TK
It is recommended that it is very necessary to take purposeful efforts to document
traditional knowledge as it is in the danger of being extinct. Database such as thatof ESRF should be promoted to ensure that the TK is documented.
6.2.3 Need to Establish a Traditional Knowledge Policy
Tanzania should establish a TK policy that encourages and provides guidelines
on the innovation, conservation and preservation of TK. The policy is expected toaddress among other things: Government appreciation of TK; Politicalcommitment on TK; Use of TK; Statement on Protection of TK; Preservation of TK;
Distribution of benefits accrued from TK.
6.2.4 Outreach Programme
From the study it is established that the traditional healers are not aware of IPR
issues especially on the protection of their traditional knowledge. Therefore there
is a need to create awareness on IPR issues as well as on benefit sharing. This
could be done through establishing an outreach programme for creating thisawareness. This will also include creation of knowledgeable and skilled Human
Resource and the public, in general, on IPR. The programme will have a training
and awareness creation on IP components and benefit sharing. The overall goalof the outreach programme is to inculcate a culture of innovativeness, creativity,
protection and exploitation of TK. Among the proposed methods are to make useof: mass media campaigns, booklets, banners, radio & TV programmes,
competitions, training and workshops, etc.
20 | National Policies and Legal Frameworks Governing Traditional Knowledge and Effective Intellectual Property Systems in Southern and Eastern Africa: The Case of Traditional Healers in Tanzania

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United Republic of Tanzania (URT) (2008) “Joint Publication by the National
Bureau of Statistics (NBS) and the Tanga Regional Commissioner's Office”. Dar
Es Salaam: National Bureau of Statistics.
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Medicine and Regulation of Herbal Medicines”. Report of WHO Global Survey,
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Fact - Finding Missions on Intellectual Property and Traditional Knowledge (19981999)”, Geneva: WIPO

22 | National Policies and Legal Frameworks Governing Traditional Knowledge and Effective Intellectual Property Systems in Southern and Eastern Africa: The Case of Traditional Healers in Tanzania

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