90 J.L. Pol'y & Globalization 1 (2019)

handle is hein.journals/jawpglob90 and id is 1 raw text is: 


Journal of Law, Policy and Globalization                                                    wwwiiste.org
ISSN 2224-3240 (Paper) ISSN 2224-3259 (Online)                                                       I
Vol.90, 2019I1lSh

    Trademark Protection in Ethiopia Vis-a-vis TRIPs: A Closer
 Look to the Requirements of Protection & Exclusive Rights of the

                                              Owner

                                           Endryas Tekalegn
                         College of Law, Diredwa University , Diredawa Ethiopia

Abstract
Although the contribution and share of intellectual property rights to the country's economic growth is not
paramount as of today, the Ethiopian Trade mark system has established a protection of Trade mark up on
enacting trade mark proclamation. Similarly, as Ethiopia is on the move of to Acceding to World Trade
Organization (WTO), the compatibility of Trade mark Proclamation with the TRIPs system is crucial.Therefore,
this writing will scrutinize the system of trade mark protection in Ethiopia in line with TRIPs agreement and
argues that despite there are some points which need consideration, the Ethiopian trademark proclamation is
compatible and there are even TRIPS plus provisions in it which thereby the negotiating team of the country has
nothing to worry on its accession to WTO as far as Trade mark Proclamation is concerned.
Keywords: TRIPS, Paris Convention, Well Known Mark, WTO
DOI: 10.7176/JLPG/90-01
Publication date:October 31st 2019

1. Introduction
The governing law on trademarks in Ethiopia is the Trademark Registration and Protection Proclamation which
is meant to protect the reputation and goodwill of business persons engaged in the manufacture and distribution
of goods as well as services by protecting trademarks to avoid confusion between similar goods and services. 1
     This is sought to be accomplished by defining a trademark as as any visible sign capable of distinguishing
goods or services of one person from those of others persons..., 2 by providing an indicative list of such visible
signs which may be used as a trademark and through a system of protection based on registration by stipulating
that ownership rights of a trademark can be acquired and be binding on third parties upon the grant of a
trademark registration certificate.3
     This raises question whether the definition is compatible with the TRIPS4 system of trademark protection,
and whether other types of signs which are not visible are protected in Ethiopia or not.
     It is also justifiable to ask for what would be the fate of well known (famous marks) given the system of
trademark protection is based on registration as indicated under Article 4 of the proclamation and despite Article
18 of the proclamation provides about the system of protection of well known marks in Ethiopia.
     In addition, compatibility of the provisions dealing with collective mark and well known mark under the
proclamation with that of TRIPS system will be analyzed. In addition, the requirements of protection of trade
mark and the exclusive rights of the owner will be discussed.
     In doing so, this writing will have five parts. Part I will discuss the concept of trademark of trademark and
the justifications there to. Part II will discuss on subject matter protected. Part III then discusses the requirements
for protection. And the final Part IV will discuss the exclusive rights of the owner of trade mark. Finally part V
provides conclusion and recommendation.

2. The concept and justification of trade mark protection
Our life is surrounded by brands we recognize a fast food restaurant from a quick look at the golden arches on
the red background. We don't call our Smartphone a phone, but call it I Phone or BlackBerry or Huawei
or Samsung and very well understand that Apple is not a fruit. And behind this diversity of recognized logo
types and brand names stands a developed system of law, which ensures that recognized and distinctive brands
are worth creating and investing money in their protection. That is the law of trade marks. I
     A trademark is a sign capable of distinguishing the goods or services produced or provided by one
enterprise from those of other enterprises.

' Trademark Registration and Protection Proclamation No. 501/2006, Preamble [here in after called the proclamation or trademark
proclamation interchangeably]
2 Id Article 2/12/
  Id Article 4
  Agreement on the Trade-Related Intellectual Property Rights, annex 1(c) of the (Marrakesh) Agreement January 1,1995 [here in after
called TRIPS]
' Property rights protection and private sector development in Ethiopia, Elias N. Stebek, Muradu Abdo & Hailu Burayu, Ethiopian Chamber
of Commerce (ECCSA) and Swedish Agency for International Development Cooperation (SIDA), Dec.2013, Addis Ababa

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