Competition Law and Protection of Trade Names and Trademarks in Ethiopia: A Case Study
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Date
2017-02
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Addis Ababa University
Abstract
Thi thesis examines the adequacy and compatibility of the legal frameworks goveming trademarks. trade
names and trade competition in Ethiopia. To this end. it employs tools of legal review and ca e analysi '
buttressed by qualitative data obtained from interviews, countly experiences and ca 'e tudy. The thesis
principally, scrutinizes the Trademark Registration and Protection Proclamation No.50 112006 that lacks a
clear legislative stipulation for the recognition of earlier tradenalnes upon trademark registration. Although
the law requires distinctiveness for the registrability of trademarks, the writer contend' that thi cat/not
adequately resolve priority conflicts between trade names and trademarks. There is no well-developed
j udicial jurisprudence rectifying the legislative loophole either. Furthermore, the regi tration of trademarks
and trade names in different organs poses practical problems. A deadlock arises sinc ' the Ministry of Trade
and the Ethiopian [ntellectual Property Office have no mutually supportive 'earch data ba 'es dwing
registration. [n particular, the registration of a trademark in respect of class of ervice or goods which
conflIcts with a trade name of a business entity regi tered with similar activities to the good or ervices, and
vice ,,"rsa provokes avalanche of tradename-trademark infringements and unfair competition uits.
The thesi also finds out significant lacunae on the competition, trade name, and trademark regimes
which become stumbling blocks for succes ;fit! enforcement actions out there.
So much so that, the present thesis propo es the articulation of priority and prevalence rules during the
registration oftradenames and trademarks supplemented by institutiOllal synchronization across trademarks.
trade names and competition regime . The legislature should adopt an eclectic line ofjurisprudencejrom the
benchmarked countly experiences discussed in the paper. This exercise requires legislative amendment and
institutional revitalization.
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Ethiopia: A case Study