The Enforcement of Agreed Access and Benefit Sharing Terms Relating to Teff Genetic Resource with Particular Focus on Impending Legal Action by the Government of Ethiopia
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Date
2021
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Addis Ababa, Ethiopia
Abstract
The thesis analyzes impending legal action(s) that the government may apply for the enforcement of Ethiopian rights with regard to Teff GR. It analyzes IPR laws that have direct implication on ABS obligations. Further, issues including validity of Teff patent, PBR granted on Teff varieties that use Ethiopian Teff GR and bankruptcy claims are discussed. In doing these, ABS, DBA and relevant IP laws are analyzed. Doctrinal and qualitative methods are employed to analyze these issues. It is hard to find complementarity of IP and ABS laws. Moreover, there are ways to enforce violated Ethiopian rights and share the benefits derived from Teff GR. Some of the demanded bankruptcy claims of Ethiopian government against HPFI should not be filed as a bankruptcy claim. Legal, contractual, systemic and impending legal actions are recommended to implement and enforce ABS obligations.
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Keywords
GR, Access and Benefit Sharing, IPR, Teff patent, Teff agreement and bankruptcy