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Biniyam Tilahun Ent Ind Ass Final

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Biniyam Tilahun Ent Ind Ass Final

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awlachew
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ALPHA UNIVERSITY COLLEGE SCHOOL OF GRADUATE STUDIES

MASTER OF BUSINESS ADMINISTRTION (MBA) weekend PROGRAM

INDIVIDUAL ASSIGNMENT
INTELLECTUAL PROPERTY RIGHTS IN ETHIOPIA

PRESENTED TO
ENTREPRENEURSHIP ASSIGNMENT

Submitted by : NAME ID

. Binyam Tilahun.......................... 20/060/15

Submitted to : Dr, Wasihun M

Addis Ababa, Ethiopia


Table of Contents
1. Introduction.................................................................................................................................................................1

1.1 Define intellectual property......................................................................................................................................1

1.2 Intellectual property rights in Ethiopia history....................................................................................1

2. There are several areas of intellectual property..........................................................................................................2

3. Establishment of Ethiopian Intellectual Property Office...........................................................................................3

3.1Objectives of the Office........................................................................................................................3

3.2 The Office shall have the following powers and duties:......................................................................3

4. The Ethiopian Intellectual Property Office (EIPO) faces several challenges and limitations, including...................5

5. The establishment of EIPR and the effectiveness of the legal framework in Ethiopia..............................................6

Conclusion......................................................................................................................................................................7

Reference........................................................................................................................................................................8
1. Introduction
Ethiopia intellectual property (IP) refers to creations of the mind, which are protected under
various laws to encourage creativity, innovation, and economic development. The primary types
of intellectual property rights recognized in Ethiopia include patents, trademarks, copyrights,
industrial designs, and trade secrets. The legal framework for intellectual property in Ethiopia is
primarily governed by the Ethiopian Intellectual Property Office (EIPO), which administers and
enforces IP laws in the country.
Ethiopia is a member of several international agreements and conventions related to intellectual
property, such as the Paris Convention for the Protection of Industrial Property and the Berne
Convention for the Protection of Literary and Artistic Works. Intellectual property rights in
Ethiopia aim to provide creators and innovators with exclusive rights over their inventions,
literary and artistic works, designs, and trademarks.
These rights enable them to control the use and exploitation of their creations, thereby fostering
innovation, economic growth, and the development of a knowledge-based economy. of
intellectual property rights in Ethiopia involves legal measures and remedies to prevent
infringement and protect the interests of rights holders. The legal landscape continues to evolve
as Ethiopia strengthens its IP laws and enforcement mechanisms to align with international
standards and promote a favorable environment for innovation and creativity.

1.1 Define intellectual property


Intellectual property (IP) refers to creations of the mind, such as inventions; literary and artistic
works; designs; and symbols, names and images used in commerce
"Intellectual property" means a legal right over a creative work of the human intellect and
includes patent, trademark, registration certificate and copyright

1
1.2 Intellectual property rights in Ethiopia history
The "Ethiopian Intellectual Property Office Establishment Proclamation No. 320/2003" is a
foundational legal document in Ethiopia. It establishes the Ethiopian Intellectual Property Office
(EIPO) and sets out its mandate, functions, and organizational structure. This proclamation is
crucial for the administration and enforcement of intellectual property rights in Ethiopia,
including copyrights, patents, trademarks, and industrial designs. It ensures that Ethiopia has a
structured and effective system for the protection and promotion of intellectual property,
contributing to economic development and innovation within the country.
The authority mandated to administer an implements state police on intellectual property IP to
strengthen the protection on IP right in the country .intellectual property law deals with laws to
protect and enforce right of the creators and owners of invention writing music design and other
works.
_ The Office shall be accountable to the Ethiopian Science and Technology Commission.

2. There are several areas of intellectual property


 A Copyright is a right granted to an individual/individuals in an intellectual work of
literature, fine arts, art, craft, entrepreneurship, or financial work, and related right means
a copy of the above-mentioned copyrighted creative works, recording producers and
producers of the work. It's a privilege that broadcasters get. A Canadian creator will
receive unconditional protection for the mere act of releasing the work if the work is
original and the work is vaulted or framed, taking into account the purpose and quality of
the work. The right of an individual worker to reproduce, synchronize, set or convert the
creative work, to distribute the original work or copy by sale or rent, to display the
original work or copy to the public. Copyright means a right over a creative work such as
literary and artistic works and includes neighboring rights.

 A trademark is a visual representation of one's goods or other people's goods or


services. The mark may contain words, linear designs, letters, numbers, colors, or a
combination thereof. It is important to help protect the trademark or to protect the
reputation and news of the merchant, to avoid confusion between goods, to encourage
free market, to protect the market, to develop the economy. Trademark means any sign or

2
combination of signs capable of distinguishing goods or services from similar goods or
services. Such signs include letters, words, numerals, figurative elements and
combination of colors or any combination thereof.

 A patent is a legal protection right granted to a new invention or a new improvement on


a previously created invention. The owner of the patent has the legal right to rent, sell,
transfer, copy or use it in any other way, and the protection period granted without the
permission has expired and third parties cannot use the invention unless they have given
permission from the owner. Patent means the title granted to protect inventions and
includes patent of introduction, utility model certificate and industrial design registration
certificate granted to inventions, minor inventions and industrial designs in accordance
with the Proclamation Concerning Inventions, Minor Inventions and Industrial Designs,
Proclamation No. 123/1995

 A Neighboring rights means the rights of performers, printers of phonograms and


producers of audiovisual and broadcasting and cable distribution organizations over their
works.

3. Establishment of Ethiopian Intellectual Property Office


As per proclamation no 320/2003 Ethiopian Intellectual Property Office (here in after referred to
as 'the Office") is here by established as an autonomous government body having its own legal
personality.

3.1 Objectives of the Office


 The Office shall have the following major objectives:
 To facilitate the provision of adequate legal protection for and exploitation of intellectual
property in the country;
 To collect, organize and disseminate technological information contained in patent
documents and encourage its utilization;
 To study, analyze and recommend policies and legislations on intellectual property to the
Government;

3
 To promote knowledge and understanding of intellectual property among the general
public. Powers and Duties of the Office

3.2 The Office shall have the following powers and duties:
 to receive applications for patent and trademark registration certificate and give
appropriate decisions after undertaking or causing to be undertaken

 the necessary examination in accordance with the relevant law;
 to follow up the exploitation of legally protected foreign and local inventions and issue
compulsory licenses when necessary;
 to receive search requests and render search services to determine the existence of
similar inventions prior to an application for a patent is filed or before a research activity
to solve a technical problem is undertaken;
 to receive search requests and render search services to determine the existence of
similar registered trademarks before a application is filed;
 to publish and disseminate Intellectual property rights Gazette
 to create an information system on intellectual property rights and provide services to
users;
 to implement laws and regulations on intellectual property rights issued by the
Government;
 to select and disseminate technological information contained in patent documents in
priority areas and encourage their utilization for economic and social benefits;
 to receive, organize and decide on applications for extension and renewal of patent and
trademark protection in accordance with the law;
 to design and implement extensive and coordinated popularization suategy to create and
strengthen awareness about intellectual property among the general public;
 to undertake studies on intellectual property matters and issues, follow up national and
international developments in the field of intellectual property; develop and submit
policy and legislative proposals to the Government;
 to implement and/or follow up the implementation of intellectual property, policies as
well as International agreements to which Ethiopian is a party.

4
 to render advisory services on intellectual property matters to public, state, private
organizations and professionals' association as well as individuals;
 to facilitate the establishment of, support and strengthen inventors, authors and musicians
associations as well as similar societies;
 to facilitate conditions that will help to create linkages between intellectual property
owners and entrepreneurs who wish to exploit their creative works;
 to establish relations and cooperation with foreign nationals, regional and international
intellectual property offices;
 to charge fees for the services it renders;
 to own property and enter into contract;
 to sue and be sued in its own name;
 to undertake such other duties necessary for the implementation of its objectives.

4. The Ethiopian Intellectual Property Office (EIPO) faces several


challenges and limitations, including
 Limited Resources: EIPO may lack adequate financial and human resources to
effectively administer and enforce intellectual property laws. This can lead to delays in
processing applications, insufficient outreach and education efforts, and challenges in
monitoring and enforcing IP rights.
 Capacity Building: There may be a need for ongoing capacity building among staff to
enhance expertise in handling complex IP issues, conducting examinations, and providing
quality services to stakeholders.
 Infrastructure: Insufficient technological infrastructure and IT systems may hinder
efficient management of IP registrations, filings, and database maintenance.
 Enforcement Issues: Weak enforcement mechanisms and limited coordination with law
enforcement agencies can result in challenges in combating counterfeiting, piracy, and
other IP infringements.
 Public Awareness: Limited public awareness and understanding of intellectual property
rights may undermine efforts to encourage respect for IP rights and deter infringements.

5
 Legal Framework: In some cases, the legal framework governing intellectual property
rights may need further development or clarification to address emerging issues and
international standards.
 International Cooperation: Enhanced cooperation with international organizations and
other countries can be beneficial for capacity building, technical assistance

5. The establishment of EIPR and the effectiveness of the legal


framework in Ethiopia

the effectiveness of intellectual property rights in Ethiopia is crucial for fostering innovation,
protecting creators' rights, and promoting economic development. Continuous improvement in
legal frameworks, enforcement mechanisms, capacity building, and public awareness will
contribute to enhancing Ethiopia's IP environment.

6
Conclusion
Intellectual property (IP) refers to creations of the mind, such as inventions; literary and artistic
works; designs; and symbols, names and images used in commerce
"Intellectual property" means a legal right over a creative work of the human intellect and
includes patent, trademark, registration certificate and copyright
The "Ethiopian Intellectual Property Office Establishment Proclamation No. 320/2003" is a
foundational legal document in Ethiopia. It establishes the Ethiopian Intellectual Property Office
Challenges, such as resource constraints, enforcement issues, and public awareness gaps, can
affect the effectiveness of Ethiopia's IP protection efforts. Addressing these challenges requires
ongoing efforts from policymakers, stakeholders, and international partners to strengthen the
legal framework, improve enforcement mechanisms, raise awareness, and enhance capacity
building in IP administration and enforcement.

In generality, while the establishment of EIPR signifies Ethiopia's recognition of the importance
of intellectual property rights, the effectiveness of the legal framework hinges on comprehensive
legislation, robust enforcement, awareness among stakeholders, international cooperation, and
support for innovation. Ongoing efforts to strengthen these aspects will contribute to a more
effective IP environment in Ethiopia.

7
Reference
Eipa.gov.et
Negarit gazeta
http//WWW.Wipo int

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