The Enforcement Of Agreed Access And Benefit Sharing Terms Relating To Teff Genetic Resource With Particular Focus On Impending Legal Action By The Government Of Ethiopia
The thesis analyzes impending legal action(s) that the government may apply for the enforcementrnof Ethiopian rights with regard to Teff GR. It analyzes IPR laws that have direct implication onrnABS obligations. Further, issues including validity of Teff patent, PBR granted on Teff varietiesrnthat use Ethiopian Teff GR and bankruptcy claims are discussed. In doing these, ABS, DBA andrnrelevant IP laws are analyzed. Doctrinal and qualitative methods are employed to analyze thesernissues. It is hard to find complementarity of IP and ABS laws. Moreover, there are ways tornenforce violated Ethiopian rights and share the benefits derived from Teff GR. Some of therndemanded bankruptcy claims of Ethiopian government against HPFI should not be filed as arnbankruptcy claim. Legal, contractual, systemic and impending legal actions are recommended tornimplement and enforce ABS obligations.