On 1 October 2024 the Ethiopian Council of Ministers approved Ethiopia's ratification of the Paris Convention for the Protection of Industrial Property and the Madrid Protocol.
The ratification documents have been sent to the House of People's Representatives for approval, and once approved, Ethiopia will officially become a member of the Paris Convention and the Madrid Protocol.
In terms of the Paris Convention, Ethiopia will grant the same protection to nationals of other contracting states that it grants to its own nationals. Notably, in terms of the Paris Convention, any person who has filed an application for a trade mark in a contracting state, shall enjoy a right of priority for the purpose of filing in Ethiopia.
While the Madrid Protocol offers a convenient and cost-effective solution for registering and managing trade marks worldwide, including in some African States, the Madrid System functions at its best in member countries with modernized IP laws, fully digitized systems, and Registry examination practices that are aligned with international best practice.
The ratification of the Paris Convention and the Madrid Protocol in Ethiopia is an important step in the protection and enforcement of intellectual property rights, but trade mark owners should bear in mind that the status of international registrations in some African contracting states remains uncertain. One of the main concerns is the inability of many countries to comply with the requirement that local examination and publication must take place within the relevant 12 or 18 month period.
In the event that the national Ethiopian system becomes compatible with the Madrid System, the approval of the Paris Convention and Madrid Protocol will encourage cross-border trade and further investment by trade mark owners who seek to protect their intellectual property.
The content of this article is intended to provide a general guide to the subject matter. Specialist advice should be sought about your specific circumstances.
