the Legal and Practical Bottlenecks For the Formation and Operation of Collective Management Organizations In Ethiopia:

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Date

2020-05

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Addis Ababa University

Abstract

The system of collective administration of rights is introduced to Ethiopia by the Copyright and Neighboring Rights Protection (Amendment) Proclamation No. 872/2014. While this is a step forward, the adequacy of the legal framework governing the system leaves much to be desired. This Thesis has examined this legal framework using doctrinal and non-doctrinal methods and concludes that the legal framework is incomplete. By failing to define the key concept of ‘sector association’, the Proclamation has already complicated the establishment of two collective management organizations (CMOs). It also fails to provide for rules governing the relationship between right holders and CMOs, between CMOs and end users, and resale rights. Moreover, the failure of the Ethiopian Intellectual Property Office to adopt manuals on specific supervisory processes adds to the inadequacy of the legal framework. The Thesis recommends specific legal reforms that address these inadequacies through amending the Proclamation, and /or revising the draft Regulations before it is adopted.

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Collective Management Organizations

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