The Legal Framework for the Protection of Geographical Indications in Ethiopia: A Critical Review

Abstract

AbstractThe legal protection of geographical indications (GIs) has become an important concern in both developed and developing countries. In Ethiopia, despite the existence of the need and enormous potential for the protection of GIs, the issue of GIs has not been given due attention. The legal protection of GIs in Ethiopia has not been expressly regulated by any specific legislation. It may arguably be protected under a collective trademark system. However, this system only operates for distinctive GIs. Consequently, most descriptive GIs are not embraced by the system unless the distinctiveness requirement is dispensed with for the registration of GIs as collective trademarks. Moreover, the existing system needs to be redefined in light of the notion of GIs under the TRIPs Agreement. It is therefore high time that an appropriate legal framework be designed to ensure the effective protection and enforcement of GIs in Ethiopia.