Compulsory License as Opposed to the Rights of Patent owner can be traced from the wholly meaning of a Patent and Compulsory License. A Patent is a legal right of exclusion given to an inventor for an invention, i.e. product or a process that generally provides a new way of doing something, or offers a new technical solution to a problem.

While, Compulsory license is the license authority given to other persons other than the patent owner to use the rights of the patent. It is compulsory because it is involuntary grant against the patent owner by the authority.

A patent are set to protect the patent owner against other persons from exploiting the patented invention such us producing, using, distributing, importing, or selling without the patent owner's consent. Thus, a Patent aim at providing an exclusive rights of an inventor to the invention basing on territorial jurisdiction

The owner of the patent have the right to institute court proceedings against any person who infringes the patent by performing, without his agreement.

The fact that the patents is granted for purpose to give exclusive rights to the owner of the patent, the question will be what can limit such rights? In answering the question above we will be able to draw such relationship.

As we have already explained above about the exclusivity of the owner of the patent, then up to this juncture we can say that, compulsory license is granted as the limitation to the Patent. So, it serve as the Exception to the general Rule of the Patent because its waver the rights that were granted to the patent owner.

The World Trade Organization came into effect since January 1995 and entered into Agreement on Trade-Related Aspects of Intellectual Property Rights (TRIPS Agreement). TRIPs Agreement of the WTO came into effect aiming at reforming the developing countries Intellectual property so that they would confirm to the standards set in the TRIPs Agreement. The least developed countries (LDC) such as Ghana, South Africa, Zambia and Tanzania inclusively were reluctant in adopting The TRIPs agreement.

TRIPs Agreement faced challenges of heavy debate and criticism because it failed to promote the efforts of the developing countries by delivering the essential Medical drugs to their citizens for the Diseases like; HIV/AIDS, Tuberculosis, and Malaria. The Aftermath of this huge debate led to the amendment of the TRIPs Agreement and so they introduced the flexibility terms such as Compulsory Licensing for the interest of Public Health.

The adoption of the Doha Ministerial Declaration on TRIPs and Public Health in 2001 brought the new face of intellectual property in the developing countries. The Declaration ensure that governments may issue compulsory licenses on patents for medicines, or take other steps to protect public health. Hence, The TRIPs Agreement reaffirms the right of WTO Members to use to the full the provisions in the TRIPs Agreement, which provide flexibility for this purpose.

Moreover, Article 31 of the Trips Agreements has allowed the other use of the patented invention without authorization of the patent owner that’s include use by the government or third parties authorized by the government.

This provision stipulates the conditions to be adhered for authorization of the proposed user when the effort to obtain the authorization from the right holder were unsuccessful within a reasonable time. However, this condition can be waved in case the patent request is made on national emergency or situations of extreme urgency.

Apart from the fact that, Tanzania is the member of WTO which appreciate the TRIPs Agreement, and despite being one of the least developed country (LDC) amended its patent legislation to become compliant with some aspects of the TRIPs Agreement. For example Tanzania is not required to provide protection for pharmaceutical patents. The law that govern the patent in Tanzania is The Patents Registration Act [Cap 217 G.N 457 of 1994].

The Patent in Tanzania is exploited and exhausted in two different ways that is to say Compulsory License and by Government for Government use.

Compulsory License involves the application instituted in the court by any person against the patent owner, On the other hand, through the government is the exploitation of the patented invention by the decision of the minister for the Government use or third person authorized by the government. Both Compulsory license and Government use are granted basing on the Grounds and conditions provided by the law and without authorization of the patent owner.

Grounds to grant Compulsory Licensing and/or by Government of the patent are explicitly provided by law such are; Non-Working Reasons or insufficiency working of the patented invention, Refusal to grant license on reasonable terms, uncompetitive practices and/or unfair competition, Public health, National security, National emergence and/or extreme urgency and dependent patent.

However, a compulsory license shall not be granted in respect of a patent if the owner of the patent satisfies the court that his actions in relation to the patented invention are justifiable in the circumstances.

Therefore, Compulsory license and the Rights of Patent owner in Tanzania is the authority that is granted by the court or Government with much consideration of the law. So, it is through this procedure where the Patent of the patent owner is waved. Whereby, such grant shall take into account the terms and conditions exercised by the law and adherence such of a Valid contract.