A Forgotten Tool? Intellectual Property Rights and the Competitive Potential of Micro, Small, and Medium-Sized Enterprises in Tanzania

This article offers a hybrid assessment of law and its impact on business by examining how intellectual property rights (IPR) promote business competitiveness by granting enterprises exclusive statutory rights over their innovations and creative ideas. The article situates the discussion in the Tanzanian context and focuses on Micro, Small, and Medium-Sized Enterprises (MSMEs). Using a qualitative approach, the discourse examines ongoing national and continental reforms and the evolving business and market environment that are driving MSMEs to adopt innovation to achieve market control and sustainability. Recent continental and regional regulatory developments, including the adoption of the Agreement on African Continental Free Trade Area (AfCFTA) in 2018 and its Protocol on IPR in 2023, as well as the existing regional market under the East African Community (EAC) Protocol on the Common Market in 2010 and the EAC Regional IPR Policy 2023, underscore IPR as a vital tool for business competitiveness. The article argues that the lack of a national IPR policy, inefficient internal management practices among MSMEs, and an inept legal and regulatory framework in Tanzania hinder MSMEs’ optimal and strategic use of IPR. To address the challenge, the article recommends adopting a national IPR policy, integrating IPR principles into business management strategies and the national SME policy, and reviewing current IPR legislation to align it with MSMEs’ operating environment.