may 6 to 8, cairo/egypt academy of scientific research and technology
TRANSCRIPT
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