COMPULSORY LICENSING AND PARALLEL IMPORTS UNDER THE PATENT LEGAL REGIME AND THEIR IMPLICATION ON ACCESS TO MEDICINES IN TANZANIA

Abstract

This article examines the legal position in Tanzania regarding compulsory licensing and parallel importation as well as their implication on access to medicines, one of the fundamental components of the right to health. In this respect, the article reveals that the Patent Registration Act, the principal law regulating patent issues in Tanzania, contains extensive provisions on compulsory licensing which if effectively utilised, can have a positive implication on ensuring accessibility of affordable medicines.
The article however, notes that despite the existence of such provisions, the country has to date, not issued any compulsory license in relation to medicines. Regarding parallel importation, the article submits that the principle is not applicable under the current patent regime thereby hindering the importation of affordable generics something that poses a threat on universal access to medicines in the country.