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WOLLEGA UNIVERSITY SCHOOL OF LAW POST

GRADUATE PROGRAM

IN PARTIAL FULFILLMENT OF THE REQUIREMENTS OF

LL.M DEGREE IN INTERNATIONAL ECONOMIC AND
BUSINESS LAW
 …..Continued…
PREPARED BY: HABTAMU WAKJIRA
HUNDE MAJOR ADVISOR: LAMESSA
BERBER (PHD)
CO-ADVISOR- FEYISA OLUMA (LLM, PHD
CANDIDATE)
MARCH 2024
NEKEMTE, ETHIOPIA
 The Title of the Thesis

THE COMPATIBILITY OF COMPULSORY

LICENSING UNDER ETHIOPIAN PATENT
LAW WITH THAT OF WTO RULES & THE
TRIPs AGREEMENT
 ….the contents……
CHAPTER ONE • Methodology &
INTRODUCTION Research Design
• Background of the Study • Data Source
• Research Problem • Data Collection Method
• Objective of the Study & technique
• General Objective • Data Type
• Specific Objectives • Data Analysis
• Research Questions • Scope of the Study
• Literature Review • Organization of the
Paper
• Significance of the
Research
 CHAPTER TWO
CONCEPTUAL AND THEORETICAL FRAMEWORK OF INTELLECTUAL
PROPERTY, PATENT LAW AND COMPULSORY LICENSING
• Intellectual Property (IP)
• Patent
• Compulsory Licensing of Patent Right

CHAPTER THREE
LEGAL REGIMES OF ETHIOPIAN PATENT LAW AND THE
COMPULSORY LICENSING
• Patent Right under Ethiopian Patent Law
• Categories or Types of Patents under Ethiopian Law
• Compulsory Licensing Under the Ethiopian Patent Legislations
 CHAPTER FOUR

THE COMPATIBILITY OF COMPULSORY LICENSING UNDER

ETHIOPIAN PATENT LAW WITH THAT OF WTO-THE TRIPS
AGREEMENT
 Matters Considerably Addressed under Patent Law of Ethiopia in Relation To
Compulsory Licensing
 Ways of deviation of compulsory License under Ethiopian Patent Laws from that of
the WTO Rules and the TRIPS

CHAPTER FIVE
CONCLUSION AND RECOMMENDATION
Conclusion
Recommendation
 1. Introduction

• Intellectual property is one of the legal rights,

which result from intellectual activity.
• It has undergone more changes in the last two
decades.
• One of the branches of IPRs is patent right.
• Patent right is given by law with an
exception/limitation i.e. compulsory licensing
which is internationally debatable issue.
• The grounds for the license differs in different
states.
 Background
• Conditions for the grant of a compulsory license has to
be met before granting the second license.
• Even if TRIPs allows discretionary power for states to
put as ground for the license strict patent right hinders
Transfer of technology.
• So conformity with TRIPs agreement is better or
preferable in relation to compulsory licensing.
• By this study I tried to assess the compatibility of the
compulsory licensing under the Ethiopian patent laws
with that of the TRIPs agreement & recommended
some points to feel the gaps.
• The thesis has been divided in to 5 chapters
Statement of the Problem
 Objectives
research Questions
Methodology and design
 Chapter two
2. CONCEPTUAL AND THEORETICAL FRAMEWORK OF
INTELLECTUAL PROPERTY, PATENT LAW AND
COMPULSORY LICENSING
• Intelectual PPTY-creations of the mind, such as
inventions; literary and artistic works; designs; and
symbols, names and images. It is the creations of the
human intellect.
• Patent-is one of the element of intellectual property
which has its own attributes
• It is an exclusive right granted for an invention.
• Compulsory license-restriction on monopoly right of
the patentee by giving permission to third parties,
without the consent of the patent holder
 ….Chapter Two continued…
• Objectives & goals of compulsory licensing are:-
– Balancing of interests
– Promoting the interest of the general public
– Preventing abuses of rights
– Specific public policy objectives on public health
• Grounds of the compulsory licensing
 prevent abuses of the exclusive rights-failure to work
national emergency or extreme urgency or
in cases of public non-commercial
public non-commercial use or
the government use
 Chapter 3
LEGAL REGIMES OF ETHIOPIAN PATENT LAW AND THE
COMPULSORY LICENSING
• The paten regime of Ethiopia is very infant
• It basis its stem in the current FDRE Constitution
Proclamation number 1/1995.
• the regulation no. 12/97 & Proclamation No.
320/2003 are other sources
• the exclusive right to a patent belongs to the inventor or joint
inventor
• A patent is being granted after payment of registration fee.
• The patentee’s right is limited and has no import monopoly
right over the invented product
Chapter 4
Chapter 4
 Chapter 5
Conclusion & recommendation

Conclusion
• Intellectual property (IP) refers to creations of the mind, such as
inventions; literary and artistic works; designs; and symbols, names and
images used in commerce. A patent is a type of intellectual property
that gives its owner the legal right to exclude others from making,
using, or selling an invention for a limited period of time in exchange
for publishing and enabling disclosure of the invention.
• However, virtually all national patents systems limit the patentee's right
of exclusion through a device known as the "compulsory license”.
• the grounds for compulsory licensing provided in many countries laws
include insufficiency of exploitation of the invention, inability to meet
public demand, refusal to grant a license on reasonable terms or in
order to remedy anti-competitive practices and dependent patents.
 ..continued…

• By this study the legal frame work of WTO rules specially the TRIPs
agreement has been compered and contrasted with legal frame work and the
contents of patent legislation of Ethiopian patent laws with regard to
compulsory licensing of patent right.
• the Ethiopian patent legal framework is restrictive with respect to the grant
of compulsory licenses, considering that the grounds for application are
limited to concerns related to “dependent patents” and “abuse of patent
rights.
• some of the provisions of patent proclamation are not clear, and inconsistent
with WTO rules, open for interpretation and including an apparent deference
to patent holders over the broader public.
• in the Ethiopian patent system, the technical advancement of the second
patent is not a prerequisite to get compulsory license.
 Recommendation
With the intention to improve the patent compulsory license system of Ethiopia the house of peoples
representative, the Attorney General and Intellectual Property Office of Ethiopia have to take the
different measures jointly. Some of these are:
 To attract foreign technologies and equally to promote local inventers Ethiopia need to re-enact or
amend the current patent proclamation inculcating legal provisions that are parallel to that of the
TRIPS agreement so that it conforms it. This paves the way to be a member of WTO in the future
for then country.
 To attract foreign technologies and equally to promote local inventers Ethiopia need to re-enact or
amend the current patent proclamation so therefore it conforms the TRIPs agreement. This also
paves the way to be a member of WTO in the future.
 Revising the provision dealing about abuse or anti-competitive practice of patent holders so as to
take appropriate measures to prevent the abuse of intellectual property rights by right holders.

 Revision of article 25(2) for the reason that the government use of the invention is for non-
commercial purposes, it is unnecessary to stipulate legitimate grounds of government use of the
invention to meet the missions provided under the TRIPs agreement.
 .....Recommendation continued…
 Rectifying the Ethiopian patent law to meet the second invention important technical advance of considerable
economic significance in relation to the invention claimed in the first patent like that of the TRIPS.

 Revising the Ethiopian patent provisions dealing about ‘public interest’ of the patent license to incorporate
sufficient and clear compulsory license implications.

 Providing comprehensive compulsory license procedures and grounds in order to efficiently and effectively
disseminate information about the use of patent including wide-ranging objectives behind compulsory
licenses under Ethiopian patent laws.
 In the upcoming years, it is necessary to make amendment so as to delimit government use of the invention
only for the non-commercial purposes. Additionally, as far as the government use of the invention is for non-
commercial purposes, it is unnecessary to stipulate legitimate grounds of government use of the invention.
• Generally it is advisable that the attorney General and Intellectual Property Office in collaboration with
standing Committee in Laws of the House of the Peoples Representative of the Federal Government of
Ethiopia to make all effort to amend fill the gabs shown by this study work so that it contributed and pave the
way rushing to a member of WTO as well as meet the balancing interest of public and that of the individual
local or domestic inventors.