Legislative Implementation of Flexibilities - Ethiopia
| Title: | Sections 38-40 of the Law on Inventions, Minor Inventions and Industrial Designs No. 123 of 1995 |
| Field of IP: | Patents |
| Type of flexibility: | Utility models |
| Summary table: |  |
Provisions of Law
38. Protection of Minor Inventions
1. A minor invention that possesses novelty and industrial applicability shall give rise to a right to protection in favour of the author thereof.
2. the right shall be evidenced by a utility model certificate issued by the Commission.
3. The grant of the certificate shall confer the exclusive right to exploit the minor invention and prevent third parties from exploitating the minor invention without the authorization of the holder of the certificate.
39. Non-existence of Novelty
1. A minor invention shall not be considered new if, at the time of filing the application, it has already been described in printed publications, made available to the public or has already been publicly used in Ethiopia.
2. Any description or use, within six months prior to the filing of the application, shall not destroy novelty if it is based on the work of the applicant.
40. Things not Protected by Utility Model Certificate
The following shall not be protected by utility model certificate:
1. Changes in the shape, proportions or material of a patented object or of one that is public property, except where such a change alters the qualities or functions of the object thereby producing an improvement in its use or the effects of its intended functions;
2. The mere replacement of elements in a known combination by other known elements having an equivalent function, which does not thereby produce an improvement in its use or the effect of its intended functions;
or
3. Minor inventions that are contrary to public order or morality.