Property Rights Approach towards Traditional Cultural Expressions in Ethiopia: Challenges and Prospects
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Date
2015-11
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Addis Ababa University
Abstract
This thesis addresses a number of pertinent issues concerning Traditional Cultural
Expressions, specifically in relation to what they are, the terms of protection, issues
related with public domain, whether or not the existing IPRs regime is adequate for
protection and the dilemma surrounding ownership. Most importantly the thesis examines
whether or not the existing legal environment and policies of Ethiopia relevant to the protection
of Traditional cultural expressions (TCEs) are adequate. In order to address these issues, this
thesis will examine the development of, national, regional and International regulatory
mechanisms and how the current discourse is evolving at these levels. At the international
level there is no single legal binding document for the protection of TCEs. Over four decades
have passed since negotiations started at the international level to come up with laws to regulate
the use of TCEs. The complexity of the issue, the variation of interests among stakeholders and
the fact that developed nations have not given due attention to the matter are some of the factors
that have contributed for the delay. The inadequate legal recognition and, ultimately, insufficient
international recognition and protection of TCEs has orchestrated the misappropriation of such
works for the benefit of the non authoring community In Ethiopia there is no comprehensive legal
regime to effectively protect TCEs. At the time of writing of this thesis a draft law for the
protection of traditional cultural expression is being prepared by the Ethiopian intellectual
property office. The biggest underlying issue today both at the international level and in Ethiopia
is whether TCEs should be recognized within the domain of Intellectual Property Rights or
through a sue generis system. This thesis argues that because of the communal nature of TCEs,
existing regimes of protection – such as copyright, Neighbouring right laws ,patent, trademark,
Industrial design – do not provide adequate protection for TCEs; and that, therefore, new
systems of protection need to be considered, developed and implemented for protection of TCEs
in Ethiopia.
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Keywords
Traditional Cultural Expressions,Property Rights