OF THE FEDERAL DEMOCRATIC REPUBLIC OF ETHIOPIA 9th Year No. 40 ADDIS ABABA - 84 April , 2003 CONTENTS Proclamation No. 320/2003 Ethiopian Intellectual Property Office Establishement Proclamation Page 2128 PROCLAMATION No. 320/2003 A PROCLAMATION TO PROVIDE FOR THE ESTABLISHEMENT OF THE ETHIOPIAN INTELECTUAL PROPERTY OFFICE WHEREAS , it is found necessary to establish a govern ment body which is responsible to implement or follow up the property as well as to build the necessary capacity to render efficient and effective services . NOW , THEREFORE , in accordance with Article 55 ( 1 ) of the Constitution of the Federal Democratic Republic of Ethiopia , it is hereby proclaimed as follows . 1. Short title This Proclamation may be cited as the “ Ethiopian Intellectual Property Office Establishement Proclamation No. 320/2003 . ” 1 ) “ Intellectual property ” means a legal right over a creative work of the human intellect and includes patent , trademark , registration certificate and copyright . 2 ) “ Patent ” means the title granted to protect inventions and includes patent of introduction , utility model cetificate and industrial design registration cer tificate granted to inventions , minor inventions and industrial designs in accordance with the Proclamation Concerning Inventions , Minor Inventions and In dustrial Designs , Proclamation No. 123/1995 Unit Price The African Law Archive 3 ) “ Trademark ” means any sign or combination of signs capable of distinguishing goods or services from similar goods or services . Such signs include letters , words , numerals , figurative elements and combination of colours or any combination thereof . 4 ) “ Copyright ” means a right over a creative work such as literary and artistic works and includes neigh boring rights . 5 ) “ Neighboring rights ” means the rights of performers , printers of phonograms and producers of audiovisual , and broadcasting and cable distribution organizations over their works . 3. Establishment 1 ) Ethiopian Intellectual Property Office ( hereinafter referred to as “ the Office " ) is hereby established as an autonomous government body having its own legal personality . 2 ) The Office shall be accountable to the Ethiopian Science and Technology Commission . 4. Head Office The Office shall have its head office in Addis Ababa and may have branch offices in Dire Dawa and other regions as may be necessary . 5. Objectives of the Office The Office shall have the following major objectives : 1 ) to facilitate the provision of adequate legal protec tion for and exploitation of intellectual property in the country ; 2 ) to collect , organize and disseminate technological information contained in patent documents and encourage its utilization ; 3 ) to study , analyze and recommend policies and legislations on intellectual property to the Gover 4 ) to promote knowledge and understanding of in tellectual property among the general public . 6. Powers and Duties of the Office The Office shall have the following powers and duties : 1 ) to receive applications for patent and trademark registration certificate and give appropriate de cisions after undertaking or causing to be undertaken the necessary examination in accordance with the relevant law ; 2 ) to follow up the exploitation of legally protected foreign and local inventions and issue compulsory licenses when necessary ; 3 ) to receive search requests and render search services to determine the existence of similar inventions prior to an application for a patent is filed or before a research activity to solve a technical problem is undertaken ; 4 ) to receive search requests and render search services to determine the existence of similar registered trademarks before a trademark application is filed ; 5 ) to publish and disseminate Intellectual property rights Gazette ; The African Law Archive 6 ) to create an information system on intellectual property rights and provide services to users ; 7 ) to impement laws and regulations on intellectual property rights issued by the Government ; 8 ) to select and disseminate technological information contained in patent documents in priority areas and encourage their utilization for economic and social benefits ; 9 ) to receive , organize and decide on applications for extension and renewal of patent and trademark protection in accordance with the law ; 10 ) to design and implement extensive and coordinated popularization strategy to create and strengthen awareness about intellectual property among the general public ; 11 ) to undertake studies on intellectual property matters and issues , follow up national and international developments in the field of intellectual property ; develop and submit policy and ligislative proposals to the Government ; 12 ) to implement and / or follow up the implementation of intellectual property , policies as well as International agreements to which Ethiopian is a party . 13 ) to render advisory services on intellectual property matters to public , state , private organizations and professionals association as well as individuals ; 14 ) to ficilitate the establishement of , support and strengthen inventors , authors and musicians as sociations as well as similar societies ; 15 ) to facilitate conditions that will help to create linkages between intellectual property owners and enterepreneurs who wish to exploit their creative works ; 16 ) to establish relations and cooperation with foreign nationals , regional and international intellectual property offices ; 17 ) to charge fees for the services it renders ; 18 ) to own property and enter into contract ; 19 ) to sue and be sued in its own name ; 20 ) to undertake such other duties necessary for the implementation of its objectives . 7. Organization of the Office The Office shall have : 1 ) A National Intellectual Property Council ( herein after referred to as “ the Council ” ; 2 ) A Director General to be appointed by the Gover 3 ) The necessary staff . 8. Members of the Council The chairman and members of the Council shall be designated by the Governement . 9. Powers and duties of the Council The Council shall have the powers and Duties to : 1 ) advise the Office on policy proposals to be submitted to the Government ; 2 ) render advice on guidelines , programs and activity reports prepared by the Office ; 3 ) advice on other matters related to managerial and administrative issues of the Office submitted by the Director General , and 4 ) draw its own rules of procedures . The African Law Archive 10. Meeting of the Council 1 ) The Council shall have a regular meeting once every three months . However , it may at any time hold an extraordinary meeting whenever necessary . 2 ) There shall be a quorum where more than half of the members of the Council are present in its meeting . 3 ) Recommendations of the Council shall be passed by consensus . In the absence of consensus , the recom mendation shall be passed by a majority vote . In case of a tie , the chairman shall have a casting vote . 11. Powers and Duties of the Director General 1 ) The Director General shall be the chief executive officer of the Office and shall direct and administer the activities of the Office . 2 ) Without limiting the generalities of Sub - Article ( 1 ) of this Article , the Director Genral shall : ( a ) employ and adminster employees of the Office following the basic principles of the Federal Civil Servant Laws ; ( b ) prepare the short , medium and long - term plans of the Office and implement same upon approval ; ( c ) prepare the annual work programme and budget of the Office , implement same upon approval and present activities report . ( d ) effect expenditure in accordance with the ap proved budget and work programme of the Office ; ( e ) represent the Office in all its dealings with third parties . 3 ) The Director General may delegate part of his power and duties to the employees of the Office . 12. Budget 1 ) The budget of the Office shall be drawn from the following sources : ( a ) Subsidy allocated by the Federal Government ; ( b ) Income from service fees ; and ( c ) Income from other sources . 2 ) The income of the office shall be managed according to the financial rules and regulations of the country . 13. Books of Accounts 1 ) The Office shall keep complete and accurate books of Accounts . 2 ) The books of accounts and financial documents of the Office shall be audited annually by the Auditor General or an auditor delegated by him . 14. Duty to Cooperate Any person or governmental or private organization or institution shall have the duty to cooperate with the Office in the implemenatation of its activities . 15. Inapplicable Laws Any other laws which are inconsistent with this Proclamation shall not be applicable with respect to matters provided for in this Proclamation . The African Law Archive 16. Transfer of Rights and Obligations In this Proclamation : 1 ) The rights and obligations of the Ethiopian Science and Technology Commission concerning to patents and related matters under Proclamation No.7 / 1995 , Proclamation No.123 / 1995 and Proclamation No.90 / 2 ) All relevant documents and directives related to trademark in the Ministry of Trade and Industry , and 3 ) The rights and obligations of the Ethiopian National Archives and Library related to copyright under Proclamation No. 179/1999 shall be transferred to the Office . 17. Transitory Provisions The Office shall receive and process trademark ap plications in accordance with the directive used by the Ministry of Trade and Industry until a trademark law is enacted . This Proclamation shall enter into force as of 8th day of April , 2003 . Done at Addis Ababa , this 8ch day of April , 2003 . PRESIDENT OF THE FEDERAL DEMOCRATIC REPUBLIC OF ETHIOPIA The African Law Archive