African Union-international Criminal Court Relations Implications On Prevention Of Serious Human Rights Violations In Africa-the Case Of Darfur The Sudan

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This thesis addresses a number of pertinent issues concerning Traditional CulturalrnExpressions, specifically in relation to what they are, the terms of protection, issuesrnrelated with public domain, whether or not the existing IPRs regime is adequate forrnprotection and the dilemma surrounding ownership. Most importantly the thesis examinesrnwhether or not the existing legal environment and policies of Ethiopia relevant to the protectionrnof Traditional cultural expressions (TCEs) are adequate. In order to address these issues, thisrnthesis will examine the development of, national, regional and International regulatoryrnmechanisms and how the current discourse is evolving at these levels. At the internationalrnlevel there is no single legal binding document for the protection of TCEs. Over four decadesrnhave passed since negotiations started at the international level to come up with laws to regulaternthe use of TCEs. The complexity of the issue, the variation of interests among stakeholders andrnthe fact that developed nations have not given due attention to the matter are some of the factorsrnthat have contributed for the delay. The inadequate legal recognition and, ultimately, insufficientrninternational recognition and protection of TCEs has orchestrated the misappropriation of suchrnworks for the benefit of the non authoring community In Ethiopia there is no comprehensive legalrnregime to effectively protect TCEs. At the time of writing of this thesis a draft law for thernprotection of traditional cultural expression is being prepared by the Ethiopian intellectualrnproperty office. The biggest underlying issue today both at the international level and in Ethiopiarnis whether TCEs should be recognized within the domain of Intellectual Property Rights orrnthrough a sue generis system. This thesis argues that because of the communal nature of TCEs,rnexisting regimes of protection – such as copyright, Neighbouring right laws ,patent, trademark,rnIndustrial design – do not provide adequate protection for TCEs; and that, therefore, newrnsystems of protection need to be considered, developed and implemented for protection of TCEsrnin Ethiopia.

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African Union-international Criminal Court Relations Implications On Prevention Of Serious Human Rights Violations In Africa-the Case Of Darfur The Sudan

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