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Legislative Implementation of Flexibilities - Ethiopia

Title:Sections 29-33 of the Proclamation of the Industrial Property Law No. 123 of 10/05/1995
Field of IP:Patents
Type of flexibility:Compulsory licenses and government use
Summary table:PDF

Provisions of Law

29. Application for a Compulsory License

1. The patentee whose invention cannot be worked effectively without the invention patented earlier may apply for a compulsory license to use the earlier invention.

2. The earlier patentee whose invention cannot he worked effectively without the later invention may apply for a compulsory license to use the later invention.

3. Any person who is capable of working a patented invention may apply for a compulsory license, where the patentee fails, without legitimate reason to justify his inaction, to work his invention in Ethiopia, after the expiration of a period of three years from the date

of grant of the patent or four years from the date of filing of the patent application which ever expires last.

30. Grant of Compulsory License

1. Where the Commission finds the request to be satisfactory, it shall grant a compulsory license.

2. The grant of a compulsory license shall not exclude the exploitation of the invention, the conclusion of license contracts by the owner of the patent or the grant of other compulsory licenses.

3. The decision made by the compulsory license shall be in the official gazette.

Commission to grant a registered and announced.

31. Proof Required of the Applicant

The person requesting for a compulsory license to exploit an invention shall furnish proof that he has not been able to conclude a license contract with the patentee for the exploitation of the invention on reasonable terms.

32. Limitation of Rights of Licensee

1. Any person who is granted compulsory license for the exploitation of a patented invention shall not have an exclusive right of over the invention and shall not have a right to authorize exploitation by any other person.

2. The licensee shall have the right to exploit the patented invention in Ethiopia according to the terms set out in the decision- granting the license, and shall commence the working of the patented invention within the time limit fixed in the said decision.

33. Exploitation Fee

1. Any person who is granted a compulsory license shall pay the patentee a reasonable exploitation fee, the amount of which shall .he fixed by both parties.

2. Where the parties disagree on the amount of fee, it shall be fixed by the Commission.

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