INTELLECTUAL PROPERTY RIGHTS IN ETHIOPIA
First Renewal Term
Subsequent Renewal Term
In Ethiopia, the trademark applications must be filed with the Ethiopian Intellectual Property Office (EIPO).
Multi-class trademark applications are applicable.
A trademark application may include goods in any number of classes but with extra charges for each additional class.
The exclusive right to use a trademark in Ethiopia is limited to the exact configuration or way in which it was originally filed and registered. If an applicant wishes to use only the word element separately from the registered logo or vice versa, then it is highly advisable to file another trademark application only for the word or figurative elements.
The interested third parties may file opposition actions against a trademark application within two (02) months following its publication date.
In Ethiopia, the registered trademarks have a validity of seven (07) years from the date of application, which can be further renewed indefinitely for periods of seven (07) years.
Process Patent and Product Patent are the two types of patents that can be protected in Ethiopia.
The patent law of Ethiopia is governed by proclamation no. 123/95 together with the council of ministers regulation no. 12/97.
In Ethiopia, any invention that satisfies the conditions of novelty, inventive step, and industrial applicability, subjects to patentability.
The types of patent applications in Ethiopia include Non-Convention Application, Convention Application, Divisional Application, and Patent of Importation (Patent of Introduction).
Utility Model Protection is not available under the patent law.
Opposition against a patent application can be raised at the pre-grant stage. At the pre-grant stage, any third party may raise an opposition after the patent gets published, but before it is granted, which is usually within two (02) months of publication.
The patent of invention lasts for fifteen (15) years in Ethiopia with a further extension of five (05) years in some cases.
The time frame for payment of Annuities before the due date is three (03) months.
The Proclamation No. 123/1995 concerning Inventions, Minor Inventions, and Industrial Designs deals with the mechanism of registration of industrial designs.
The types of industrial design applications in Ethiopia include Non-Convention Application and Convention Application.
Utility model protection isn't provided under industrial design protection in Ethiopia.
Opposition against an industrial design application can't be raised in Ethiopia.
The total duration of an industrial design registration is fifteen (15) years from the date of application. The initial term of registration is five (05) years, which is further extendible for two terms of (05) five years each upon payment of the renewal fee.
There is a grace period of three (03) months to renew an industrial design in Ethiopia.
Ethiopia is not a signatory to the Berne Convention for the Protection of Literary and Artistic Works.
The Copyright and Neighboring Rights Protection Proclamation No. 410/2004 (enacted in 2004), deals with the mechanism of copyright protection in Ethiopia.
In Ethiopia, the authors of creative works are entitled to copyright protection upon creation and without any formality (irrespective of the quality of the works and their purpose).
The standard copyright protection term lasts for the lifetime of the author plus fifty (50) years following his death. However, the duration of copyright protection varies depending on the type of work.