Ethiopia

General Information

• Capital: Addis Ababa
• Population: 59.7 million
• Area: 1 100 756 km2
• Languages: Amharic – official language. Afar (Danakil), Somali, Tigriñya, English
• Exports: Coffee; leather products; gold; oil seed
• Imports: Food and live animals; petroleum and petroleum products; chemicals; machinery; motor vehicles and air craft
• Currency: Birr

Trade Marks

International Conventions

WIPO, WTO.

Requirements for Application

(a) Certified copy of corresponding home or other corresponding foreign registration certificate, legalised up to Ethiopian consular level.
(b) Power of attorney (in English and Amharic), legalised up to Ethiopian consular level.
(c) Twenty four prints of the trade mark – word and device marks.

Classification

The international classification of goods and services is recognised. An application may cover any number of goods and/or services, provided they are all covered by a home registration or registrations.

Procedure

The Ethiopian Intellectual Property Office conducts a search for conflicting registrations and if found to be clear, a cautionary notice is approved and published in both English and Amharic in the relevant newspapers. After a thirty day opposition period, and if no objections are lodged, a Deposit Certificate is issued.

Opposition

Opposition may be lodged within one month following advertisement for the trade mark application. Extension of the opposition period is not possible.

Use

Use must consist of proper usage in commerce.

Duration and Renewal

Period of protection is six years from issuance of Deposit but abridged cautionary notices should be re-published every two years.

Licensing/Registered Users

Licensing is recognised. Publication of a cautionary notice and recordation are required to be legally binding.

Requirements

(a) License agreement, legalised up to Ethiopian consular level;
(b) Power of attorney from proprietor, legalised up to Ethiopian consular level;
(c) Power of attorney from licensee, legalised up to Ethiopian consular level.

Assignments

Assignments are possible and may be made with or without the goodwill of the business. Publication of a cautionary notice and recordation are required to be effective against third parties.

Requirements

(a) Deed of assignment, legalised up to Ethiopian consular level;
(b) Power of attorney from the assignee, legalised up to Ethiopian consular level;
(c) Evidence of assignment of assignor’s home registration, legalised up to Ethiopian consular level.

Marking of Goods

Notice of registration by use of the legend ‘Registered Trade mark’ or suitable abbreviation (eg. ‘Regd. Tm.’)or symbol ® optional.

Follow the importer’s instructions or specific contract specifications.

Patents

General

Ethiopia has not signed any reciprocity agreements as regards the claiming of priority. However, the Ethiopian Patent Office is prepared to recognize priority claims provided the application is filed within twelve months of the first filed application. Ethiopia is not a member of PCT.

Patentable Subject Matter

An invention is patentable if it is new, involves an inventive step and is industrially applicable.

The following inventions are not patentable:

inventions that are contrary to public order or morality;
plant or animal varieties or essentially biological processes for the production of plants or animals;
schemes, rules or methods for playing games or performing commercial and industrial activities and computer programs;
discoveries, scientific theories and mathematical methods;
methods for treatment of the human or animal body by surgery or therapy, as well as diagnostic methods practiced on the human or animal body;
works not protected by copyright. 

Filing Requirements

Certain documents need notarisation and legalization up to Ethiopian Consular level. A specification is required in English and Amharic.

Novelty

An invention shall be considered new if it is not anticipated by prior art. Prior art consists of everything disclosed to the public, anywhere in the world, by publication in tangible form or by oral disclosure, by use or in any other way, prior to the filing or, where appropriate, the priority date, of the application claiming the invention.

Examination

A formal as well as a substantive examination is conducted

Duration/Maintenance

The initial term is fifteen years calculated from the filing date with an option to renew the patent for a further period of five years; subject to proof of working. For a patent of importation the maximum term is ten years. An annual fee is payable as from the first anniversary of filing. A grace period of six months is allowed for the late payment of the annual fee.

Working

Working is required before the term of a patent is extended beyond fifteen years. Proof of working is also required with annual renewal of a patent of importation from the third year after it has been granted.

Licences/Assignments

No provision.