The Impact of the Doctrine of Exhaustion of Intellectual Property Rights on International Trade: The Ethiopian Perspective
No Thumbnail Available
Date
2008-06
Authors
Journal Title
Journal ISSN
Volume Title
Publisher
Addis Ababa University
Abstract
Intellectual creations and innovations, collectively known as intellectual property (IP)
have been considered for long means to developmental goals of states. They have been
inseparable in trade concerns of states too in the sense that they (IP), more often than
not, are involved in trade between states seeking protection to intellectual properly
rights on one hand and at the same time those others seeking beller benefit in trade terms
ji'om trading in goods involving new technology on the other. Their ubiquitous nature on
one hand and the territoriality of the mode of legal protection on the other, being
contrasting, pose difficulties in the effort of states to effective protection.
The place of the doctrine of exhaustion of IPRs is central in a cross-culling mailer in the
effort seeking effective IPRs protection and that of ji'eedom of circulation of goods. The
doctrine of exhaustion of IPRs sets the limit between ji'eedom of trade and optimal
utilization of ones' property embodying IPRs on one hand and that of the person who
endeavors in the inventive and creative efforts resulting in some thing of commercial, or
otherwise may be of value. Parallel importation of goods also remains a concern closely
intertwined with ji'eedom of movement of goods and services as well as the effective
protection of IP Rs.
The paper as such allempts to provide the nature of intellectual properly, define the
doctrine of exhaustiun of IPRs and gives accounts of how it is applied in different
countries where the concept is well known and the groundfor such legal mailer isfertilein
the industrially advanced trading states. Allempt has also been made to look in to the
developments in international trade and the place of exhaustion of IPRs in the
international trading system as is revealed through the GATT and other WTO
instruments. It also considers the debate on whether the developing states are belter off
by adopting international exhaustion and/or allowing parallel imports or not and
concludes in the affirmative.
The paper has also considered the status of the Doctrine of Exhaustion of IPRs in the
Ethiopian legal arena and the experience in the caurts which the researcher cone/udes
that the laws lack clear position in some cases and absolute darkness In the courts as far
as the concept of exhaustion of IPRs is concerned Finally it is concluded that as
accession to WTO is inevitable, sooner or later, the doctrine of exhaustion be given of
the top priority with respect to Ethiopia's commitment in TRIPS and other WTO
agreements - by taking legislative, judicial and administrative measures creating
awareness /0 effective implementation of the doctrineexhaustion in the Ethiopian scenario as it stands in the laws of the country. It is shown
that the COUlts are not aware of the concept of exhaustion of rights as it relates to IPRs
however no case involving it as an issue appeared before them .
The paper finally concludes that the exhaustion of IPRs could be a sign ificant obstacle to
international trade if not handled carefully. InĀ· this respect as Ethiopia is on its way to
accede to the WTO membership then it is very important this issue is well known in the
courts and other organs of government to create an enabling business envirolm1ent and
for the country to gain its due from international trade and foreign investment as in the
majority of case these involves transfer of teclmology and protection to IPRs.The Impact of the Doctrine of Exhaustion of lPRs on International Trade: The Ethiop ian Perspect ive
Description
Keywords
IPRs, Rights on International Trade