The Scrutiny Of Protection Of Traditional Designs And Symbols By Ethiopian Conventional Ip Laws: The Need For Sui Generis System

Abstract

The general consensus in the discourse of IP today is that the current regime of IPRs such as patents, trade secrets, plant breeders’ rights, and industrial designs do not accommodate traditional knowledge, the basis of innovation in many developing countries. This trend has prompted the use of the sui generis system, a special form of protection regime based on regular IP laws, as an appropriate form of protection regime for traditional knowledge. The general objective of this study was to scrutinize the protection accorded to indigenous designs and symbols as one element of traditional knowledge under the relevant Ethiopian conventional IP regime (patent laws and trademark laws) by applying mostly doctrinal and/or qualitative legal research methods. Primary sources of data, such as relevant national legislation and international legal instruments, as well as secondary sources such as books, the internet, articles, and journals, were consulted. The national laws and experiences of some relevant countries on the protection of indigenous designs and symbols were also consulted whenever necessary. The findings from a careful analysis of Ethiopian conventional IP laws revealed that the existing legal regime fails to adequately protect traditional knowledge in general and traditional designs and symbols specifically. A perusal of random national jurisdictions as well as institutional reports of supranational organizations such as WIPO consistently indicates that the development of a special regime, i.e., a sui generis system of protection of traditional designs and symbols, is an ideal solution. Hence, the writer strongly recommends the adoption of this system in Ethiopia. Regarding which mode of sui generis is suitable for adoption in Ethiopia, the writer recommends the adoption of a comprehensive system capable of accommodating several elements of traditional knowledge, including traditional designs and symbols.