May 6 to 8, Cairo/Egypt

Second WIPO Inter-Regional Meeting on South-South Cooperation on Patents, Trademarks, Geographical Indications, Industrial Designs and Enforcement

ACADEMY OF SCIENTIFIC RESEARCH AND TECHNOLOGY

Industrial Design, Innovation and IP Protection: National Strategies.

Experiences of Ethiopia

By Girma Bejiga

Cairo/Egypt May 8, 2013

HISTORICAL BACKGROUND

Prior to the establishment of the Ethiopian Intellectual Property Office (EIPO) the

IP elements were organized in a fragmented manner.

Patent was administered by Science and Technology Commission (currently

Ministry of Science and Technology) , Trademark by Ministry of Trade and Copyright by Ministry of Culture.

The First ApplicationsTYPE OF APPLICATION FILING DATE

1 PATENT 25 May 1997

2 PATENT OF INTRODUCTION

25 February 1997

3 MODEL 29 August 1996

4 TRADEMARK

5 INDUSTRIAL DESIGN

Establishment of EIPO

• The Ethiopian Intellectual Property Office was established by :

Proclamation No. 320/2003 Ethiopian Intellectual Property Office

Establishment Proclamation

• In this proclamation the EIPO is given mandates to administer the following IP elements :

o PATENTo COPYRIGHT o TRADEMARK ando INDUSTRIAL DESIGN

OBJECTIVES OF THE OFFICE

1. to facilitate the provision of adequate legal protection for and exploitation of intellectual property in the country;

2. to collect, organize and disseminate technological information contained in patent documents and encourage its utilization;

3. to study, analyze and recommend policies and legislations on intellectual property to the Government;

4. to promote knowledge and understanding of intellectual property among the general public.

PROCLAMATIONS

1. PROCLAMATION No. 501/2006. TRADEMARK REGISTRATION AND PROTECTION PROCLAMATION

2. PROCLAMATION No. 123/1995 A proclamation Concerning Inventions, Minor

Inventions and Industrial Designs

3. PROCLAMATION No. 410/2004. A proclamation to protect copy right and

neighboring rights

Organizational Structure of EIPO Director General

Internal Audit

Special Advisor

Ethics

Internal Audit

Reform

Copyright and Communities right

Directorate

Trademark, Industrial Design Protection and

Development Directorate

Patent Protection and Technology Transfer

Directorate

Communication

IP Legal Affairs

HRM

Financeand Property

Service

IT Department Gender and Women Affairs

Plan

ORGANIZATIONAL STRUCTURE OF PATENT DIRECTORATE

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PATENT PROTECTION AND TECHNOLOGY TRANSFER DIRECTORATE

PATENT ADMINISTRATION

PATENT SEARCHAND

EXAMINATION

PATENT INFORMATION

TECHNOLOGY TRANSFER

REGISTRATION PROCEDURES

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PATENTAPPLICATION

UTILITY MODELAPPLICATION

FORMALITY EXAMINATION

FORMALITY EXAMINATION

SUBSTANTIVE EXAMINATION

GRANT

PUBLICATION

CAUTIONARYNOTICE

SUBSTANTIVE EXAMINATION

GRANT

PUBLICATION

Appeal Against the Decision of the Office

1. Without prejudice to the relevant provisions of this proclamation a party aggrieved by any decision of the Commission made pursuant to this proclamation and the regulations issued there under may appeal to the court.

2. An appeal against the decision of the Commission in accordance with the provisions of sub-article (1) of this article shall be submitted within 60 days from the date of receipt of the decisions by the aggrieved party.

TYPES OF PATENTS APPLICATIONS

– PATENT

– PATENT OF INTRODUCTION

– UTILITY MODEL

• A Patent of introduction may be issued to an invention which has been patented abroad and not expired but has not been patented in Ethiopia following a declaration by the interested party for which he takes full responsibility

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DURATION OF PROTRCTION

Duration of Patent of Introduction• A patent of introduction may be valid for a period that may

extend upto ten years and shall be coupled with the owner's obligation to prove the working of the invention each year as from the third year after it has been granted and to pay the relevant annual fees.

Duration of Utility Model Certificate• A utility model certificate is granted for a period of five years, which

may be renewed for a further five years period provided that proof is furnished that the minor invention is being worked in Ethiopia.

…..DURATION OF PROTRCTION

Duration of a Patent • A patent shall be granted for an initial period

of fifteen years commencing from the filling date of the application for protection. However, the validity of the patent may be extended for a further period of five years provided that proof is furnished that the invention is being properly worked in Ethiopia.

UTILITY MODEL (APPLICATIONS)

C. J. YUN 150

20

40

60

80

100

120

140

160

180

%

%

19969 1997 1998 1999 2000 2001 2002 2003 2004 2005 2006 2007 2008 2009 2010 2022

4 9 9 22 17 47 8 43 56 43 60 74 98 121 172 174

957

PATENT (APPLICATIONS)

161996 1997 1998 1999 2000 2001 2002 2003 2004 2005 2006 2007 2008 2009 2010 2011

0

5

10

15

20

25

30

35

40

%

%

19961 1997 1998 1999 2000 2001 2002 2003 2004 2005 2006 2007 2008 2009 2010 2011

0 2 8 11 8 5 9 5 2 4 8 22 26 26 26 37

199

PATENT OF INTRODUCTION

(APPLICATIONS)

C. J. YUN 171996 1997 1998 1999 2000 2001 2002 2003 2004 2005 2006 2007 2008 2009 2010 2011

0

2

4

6

8

10

12

14

16

%

1996 1997 1998 1999 2000 2001 2002 2003 2004 2005 2006 2007 2008 2009 2010 2011

- 1 3 6 5 9 2 2 2 1 1 15 16 12 11 12

98

GRANTED

GRANTED

PATENT 57

PATENT OF INTRODUCTION 78

UTILITY MODEL 368

total 503

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Trademark, Industrial Design Protection and Development Directorate

REGARDING REGITRATION AND PROTECTION THIS DIRECTORATE HAS TWO SECTION

TRADEMARK INDUSTRIAL DESIGN

Duration of Registration

• The registration of a trademark shall remain valid for a period of seven years from the date of submission of the application for registration.

• The protection granted to an industrial design shall be valid for a period of five years from the filing date of the application for registration. Such period may be extended for two extensions of five years each if proof is furnished that the industrial design is being used in Ethiopia.

Trademark

Competent Court • The Federal Courts shall have jurisdiction over disputes

and related matters that are governed by this Proclamation and the Regulations.

Criminal Sanctions • Unless heavier penalty is provided for under the Criminal

Code, whosever intentionally violates a right protected under this Proclamation shall be punished with rigorous imprisonment of a term of not less than 5 years and not more than 10 years.

STATISTICAL DATA

APPLICATION GRANTED

INDUSTRIAL DESIGN 1989 524

TRADEMARK ON THE PROCESS OF RE-REGISTRATION

Patent Information

• Collecting, organizing and dissemination of patent information

• The dissemination is based on areas which are given priority by the government.

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TECHNOLOGICAL AREAS IDENTIFIED BY THE GOVERNMENT AS PRIORITY AREAS

Metal technology Textile technology Leather and leather products technology Agricultural technology Agro Processing technology Biotechnology Construction technology Chemicals and Pharmaceuticals Information and Electronics technology

Our main sources of Patent Information

• USPTO (US Patent and Trademark Office)• JPO ( Japan Patent Office)• SIPO (State IP Office of the P.D.R of China) ………..• Downloading from different Databases.

Patent lens EPO Using IPC green

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Patent Informations are disseminated to

• Universities• Colleges• Industries• SME’s• Agricultural Research Institute• Information Net Security Agency• Hospitals• TVET’s of NationaI Regional States

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Patent Information

–Currently there are about 50 million Patent Information–Disseminated in the last fiscal year Was about 1.5 milions

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Service Delivered by TT section :

• Documentation of profiles of Patent and Utility Model holders.

• Provide support and advice in response to their problems

• Provide assistance in market –linkage with different parties which helps them to commercialize their products.

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...Service Delivered by TT section :

• Prepare competition among owners of invention or project papers and produce rewarding systems for the winner of the competition•To facilitate the introduction of those owners of inventions to the public at large through different media mechanisms.•Facilitations of different exhibitions, workshops, seminars which popularize works of inventors /especially of youth and women/.

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...Service Delivered by TT Department :

• Facilitate collaborations among inventors, TVET centers , Financial institutions( CBE and CBBE), FMF Inist.. To change their Ideas to practical prototypes or mass productions.

An IP financing Policy indicator paper, which strongly suggests the financing system to convert ideas into practice, has been prepared

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TRAINING

Providing training for stake holders and inventors at administrative regions regions.

Tigrai region Amhara region Debub region Harari region (to be conducted in may)

Organizing discussion forums with : Inventors Enforcement bodies Stakeholders Financial Institutions

MEMBERSHIP TO INTERNATIONAL TREATIES

• Ethiopia is a member only to the following International treaties The convention establishing the World Intellectual Property Organization. (acceded to in 1998) The 1981 Nairobi Treaty on the Protection of Olympic Symbol . (joined in 1982)

CHALLENGES

• High turnover of staff,• Inadequate skill and experience of staff,• Lack of budget and facilities ,• Limited knowledge of IPR’s by enforcement

bodies and the public at large,• Lack of National IP policy • Lack of coordination with different stake

holders•Lack of awareness on how to start up and manage small businesses,

THANK YOU