INTELLECTUAL PROPERTY – Whose baby is it anyway?

In today’s world of copy & paste via computers and the Internet, original work is becoming somewhat of a dying art form. However, most tertiary institutions around the world are combating this by having strict plagiarism policies and proof of ownership of work. In fact, universities and education institutions in the west earn revenue from the intellectual property created by their students and staff alike. But this is only in academia. In developed nations and amongst corporations and multinational companies, there are also patent and copyright laws, which further ensure ideas, and inventions belong to the original owner. In the most recent case we can look at Samsung’s suing of Apple over such a topic. Not only does intellectual property affect companies, but it may also affect countries’ rights or lack there of to produce goods as this article by Henry Mitzberg suggests.

So what is intellectual property? It is not a new concept but I find – especially in Tanzania and probably most of Africa – that it is a concept that is not understood or even thought to be able to physically possess. On the contrary, not only can it be possessed, it can be transferred and modified just like any other physical properties.

Intellectual property is “Intangible property that include ‘patents’, ‘trade marks’, ‘copyright’ and registered and un registered ‘design rights.” Conventional intellectual property is categorized into two categories: -

1. Industrial property – which consist of patents of invention trade and service marks, industrial designs, geographical indication of origin, undisclosed information (trade secrets), integrated circuits topography.

2. Copyrights which include – literary and artistic works performance, architectural designs and some kinds of computer databases.

In the case of Tanzania, one would be surprised at just how long intellectual property right laws have been in place. According to a workshop that was conducted by Tanzania Chamber of Commerce, Industry & Agriculture (TCCIA) and World Intellectual Property Organization (WIPO) in May 2005, intellectual property right laws were implemented by British colonialist in 1924 and Tanzania became a member of WIPO in 1983 (source: WIPO) of course who these rights protected is a debatable issue on it own.



Today in Tanzania, the Business Regulations and Licensing Authority (BRELA) are responsible for overseeing matters of intellectual property (since 1997). As the name suggests, BRELA is focused on matter of intellectual property related to business, profit-making – usually associated with a company or organization. Musicians and artists alike have made strides in ensuring that their intellectual property rights are being protected - increasingly so with the popularity of ringtones and ring-back tones. However, my main concern is not with business, it is with those individuals with great ideas but may not have the means to bring those ideas to life. Who protects them? Or does a person/company that has the capital to bring this idea into fruition swallow them up? When we speak of “brain-drain” in Tanzania we usually speak about well-educated and qualified Tanzanians abroad, not seeing the value in returning home to work/teach. What about internal brain drain? I have seen many examples of professionals working for 3 to 4 different companies in the same industry, not because they are the best in what they do, (I am not saying this is not true in all cases) but because other’s intellectual property has not been recognized. Why? My guess is that because they don’t belong to a legitimate corporate structure.

I think it’s time to entertain the idea of a union for freelance workers. A union that not only protects their intellectual property but also provides other benefits that most workers’ unions provide (healthcare, salaries, pension etc.). I am not too sure on how this or these unions will work in Tanzania but I believe there are competent people out there that can create these structures. I have seen and heard too many good ideas that have not been brought to life either because of an individual’s fear of that idea being “stolen” from them or an individual not being informed about the institutions and laws that have been put in place to protect and nurture these ideas. Sometimes it can be as simple as registering a name/company/idea etc. Putting intellectual property in the forefront of any business endeavor will not only increase innovation, it will also improve the quality of goods and services in all sectors of an economy.

- Andrew Mahiga,Managing Director Maanisha! Ltd.