The Interface between Intellectual Property Rights and Linguistics under the Laws of Tanzania

Authors

  • Saudin J. Mwakaje University of Dar es Salaam School of Law

Abstract

The intellectual property rights (IPR) system transcends many socio-economic aspects ranging from human creative processes and the manner they are expressed, and thereby, new words are formed for newly created products. Nevertheless, the operational intersections of IPR and linguistics have not been fully explored and elaborated on in the national laws. Under the patent law, generating new technical ideas and products necessitates creating new words or expressions. The contexts for using certain words to indicate the source of products and services have a regulatory effect on trademark law. Equally important are the translation rights under copyright law, which contribute to the development of new terminologies. This article explores the linkages of IPR and language development using a qualitative assessment model to examine the interplay of IPR and language development in the context of the laws of Tanzania. It addresses the inherent linguistic mischiefs and controversies arising from a misalignment of the etymological conception of words as they are perceived under the lens of IPR and linguistics. Consequently, it establishes that there is a significant contribution of IPR in language growth and that the operational and regulatory proximity of the two seemingly distant fields requires a re-examination. Ultimately, this article underscores the necessity of including IPR modules in language studies and engaging language experts during the IPR registration process and dispute settlement.

DOI: https://dx.doi.org/10.4314/kcl.v22i1.4

Downloads

Published

2024-06-30