Legal Recognition of AI Invention under the Intellectual Property Regime in Mainland Tanzania
Abstract
This study examines the legal recognition of Artificial Intelligence (AI) as an inventor within intellectual property (IP) frameworks, focusing on a comparative analysis between South Africa and Tanzania. The increasing use of AI in innovation has sparked global debates over whether AI can qualify as an inventor under existing IP laws. In 2021, South Africa made international headlines by becoming the first country to recognise an AI system, DABUS, as an inventor under its Patents Act No. 57 of 1978, despite the absence of explicit legal provisions on AI. This decision, made by the Companies and Intellectual Property Commission (CIPC), demonstrated a progressive interpretation of the law. Conversely, Tanzanian IP legal instruments, including the Patents (Registration) Act, Cap. 217 R.E. 2023, the Copyright and Neighbouring Rights Act, Cap. 218 R.E. 2023, and the Trade and Service Marks Act, Cap. 326 R.E. 2023 defines inventors and authors strictly as natural persons, thereby excluding AI-generated outputs. Based on the findings, the study recommends legislative reforms to redefine the term “inventor” in Tanzanian IP statutes, the development of a National AI Strategy, the adoption of comparative legal models from countries like South Africa, and capacity building among key IP institutions such as BRELA and TIPO
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References
Bank of Tanzania (Fintech Regulatory Sandbox) Regulations, 2024
Copyright and Neighbouring Rights Act, Cap. 218 R.E. 2002,
Patents (Registration) Act, Cap. 217 R.E. 2002,
Trade and Service Marks Act, Cap. 326 R.E. 2002
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Copyright (c) 2025 Charles Damian Mkangara
This work is licensed under a Creative Commons Attribution 4.0 International License.
