Competition Law And Protection Of Trade Names And Trademarks In Ethiopia A Case Study

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Thi thesis examines the adequacy and compatibility of the legal frameworks goveming trademarks. tradernnames and trade competition in Ethiopia. To this end. it employs tools of legal review and ca e analysi 'rnbuttressed by qualitative data obtained from interviews, countly experiences and ca 'e tudy. The thesisrnprincipally, scrutinizes the Trademark Registration and Protection Proclamation No.50 112006 that lacks arnclear legislative stipulation for the recognition of earlier tradenalnes upon trademark registration. Althoughrnthe law requires distinctiveness for the registrability of trademarks, the writer contend' that thi cat/notrnadequately resolve priority conflicts between trade names and trademarks. There is no well-developedrnj udicial jurisprudence rectifying the legislative loophole either. Furthermore, the regi tration of trademarksrnand trade names in different organs poses practical problems. A deadlock arises sinc ' the Ministry of Tradernand the Ethiopian [ntellectual Property Office have no mutually supportive 'earch data ba 'es dwingrnregistration. [n particular, the registration of a trademark in respect of class of ervice or goods whichrnconflIcts with a trade name of a business entity regi tered with similar activities to the good or ervices, andrnvice ,,"rsa provokes avalanche of tradename-trademark infringements and unfair competition uits.rnThe thesi also finds out significant lacunae on the competition, trade name, and trademark regimesrnwhich become stumbling blocks for succes ;fit! enforcement actions out there.rnSo much so that, the present thesis propo es the articulation of priority and prevalence rules during thernregistration oftradenames and trademarks supplemented by institutiOllal synchronization across trademarks.rntrade names and competition regime . The legislature should adopt an eclectic line ofjurisprudencejrom thernbenchmarked countly experiences discussed in the paper. This exercise requires legislative amendment andrninstitutional revitalization.

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Competition Law And Protection Of Trade Names And Trademarks In Ethiopia A Case Study

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