Foreign Well-Known Trademark Protection in Ethiopia. From Consumers' Protection Perspective

Masterarbeit , 2020 , 113 Seiten

Jura - Medienrecht, Multimediarecht, Urheberrecht

The general objective of the research is to assess the state of law and practice of consumer protection from fake foreign well-known trademarks in Ethiopia.

Currently, goods and services produced in one country may cross almost all countries of the world. From those, some products, which have good quality, become well-known. Some producers use the well-known trademarks of others, to get market access by confusing consumers. Though different ‘additional rationales’ developed through time, the protection of trademarks, including well-known trademarks protection, historically bases its rationale in protecting consumers from misleading in the free trade market and guarantees them the consistent quality of the products. This rationale has been taken by the Trademark Proclamation of Ethiopia, which is observable in its preamble. However, confusions of consumers in the market because of the fake marks (especially by the fake foreign well-known trademarks) are practiced here and there in every part of the country.

This research has, thus, looked in to and examined the different laws of the country as well as institutions that have involvement in protecting the interest of consumers from confusion by fake-foreign well-known trademarks. This study briefly examines the practical existence of confusion and the subsequently available remedies in the shoe and cloth market. In doing so, the non-doctrinal research methodology and, qualitative research approaches were used. Observation was made in the market and a semi-structured interview was conducted with traders, IPRs experts, and TCCP experts selected through a purposive sampling method and with buyers selected through the convenience sampling method.

Inhaltsverzeichnis (Table of Contents)

• ABSTRACT
• CHAPTER ONE: INTRODUCTION
• 1.1 Background of the Study
• 1.2 Statement of the Problem
• 1.3 Objectives of the Study
• 1.3.1 General Objective
• 1.3.2 Specific Objectives
• 1.4 Research Questions
• 1.5 Significance of the Study
• 1.6 Scope of the Study
• 1.7 Limitation of the Study
• 1.8 Organization of the Study
• CHAPTER TWO: CONCEPTUAL FRAMEWORK
• 2.1 Concept of Trademark
• 2.2 Types of Trademarks
• 2.3 Functions of a Trademark
• 2.4 The Importance of Trademark Protection
• 2.5 Well-known Trademarks
• 2.6 Concept of Consumer Protection
• 2.7 The Rationale of Consumer Protection
• 2.8 Consumer Rights
• 2.9 The Legal Framework of Consumer Protection in Ethiopia
• CHAPTER THREE: LEGAL FRAMEWORK OF TRADEMARK PROTECTION IN ETHIOPIA
• 3.1 Introduction
• 3.2 The Historical Development of Trademark Protection in Ethiopia
• 3.3 Legal Framework of Trademark Protection in Ethiopia
• 3.3.1 Trademark Proclamation No. 624/2004
• 3.3.2 The Trademark Directive of the European Union
• 3.4 Protection of Foreign Well-known Trademarks
• 3.5 Protection of Consumers Against Confusions
• 3.6 Measures to Protect Consumers Against Deception
• CHAPTER FOUR: THE INSTITUTIONAL FRAMEWORK OF TRADEMARK PROTECTION AND\nCONSUMER PROTECTION IN ETHIOPIA
• 4.1 Introduction
• 4.2 The Ethiopian Intellectual Property Office (EIPO)
• 4.2.1 The Role of EIPO in Trademark Protection
• 4.2.2 The Role of EIPO in Consumer Protection
• 4.3 Ministry of Trade (MOT)
• 4.3.1 The Role of MOT in Trademark Protection
• 4.3.2 The Role of MOT in Consumer Protection
• 4.4 The Ethiopian Trade Competition and Consumer Protection Authority (TCCP)
• 4.4.1 The Role of TCCP in Trademark Protection
• 4.4.2 The Role of TCCP in Consumer Protection
• 4.5 The Judicial System of Ethiopia
• CHAPTER FIVE: DATA ANALYSIS AND DISCUSSIONS
• 5.1 Introduction
• 5.2 Data Analysis
• 5.2.1 Data Analysis of Interviews with Traders
• 5.2.2 Data Analysis of Interviews with IPR Experts
• 5.2.3 Data Analysis of Interviews with TCCP Experts
• 5.2.4 Data Analysis of Interviews with Consumers
• 5.3 Discussions
• CHAPTER SIX: CONCLUSION AND RECOMMENDATIONS

Zielsetzung und Themenschwerpunkte (Objectives and Key Themes)

This research examines the legal and institutional framework for protecting foreign well-known trademarks in Ethiopia, focusing on the perspective of consumer protection. It aims to assess the effectiveness of existing laws and institutions in safeguarding consumers from confusion and deception caused by counterfeit goods bearing foreign well-known trademarks. The study utilizes both qualitative and non-doctrinal research methods to gather insights from market observations and interviews with key stakeholders.

• The protection of foreign well-known trademarks in Ethiopia from a consumer protection perspective.
• The effectiveness of the legal and institutional framework in preventing confusion and deception related to counterfeit goods.
• The role of the Ethiopian Intellectual Property Office (EIPO), Ministry of Trade (MOT), and Trade Competition and Consumer Protection Authority (TCCP) in safeguarding consumer interests.
• The practical realities of counterfeit goods in the Ethiopian market, particularly in the shoe and clothing sector.
• The need for improved legal and institutional mechanisms to better protect consumers from counterfeit goods.

Zusammenfassung der Kapitel (Chapter Summaries)

Chapter 1 introduces the research topic and sets out the problem, objectives, research questions, significance, scope, limitations, and organization of the study. It highlights the issue of counterfeit goods bearing foreign well-known trademarks and its impact on consumer protection in Ethiopia.

Chapter 2 explores the conceptual framework, defining trademarks, types of trademarks, functions of trademarks, the importance of trademark protection, well-known trademarks, consumer protection, the rationale of consumer protection, consumer rights, and the legal framework of consumer protection in Ethiopia. It provides a theoretical foundation for understanding the concepts and issues at the heart of the research.

Chapter 3 examines the legal framework for trademark protection in Ethiopia, tracing its historical development and exploring the key legal instruments, including the Trademark Proclamation No. 624/2004 and the Trademark Directive of the European Union. It delves into the provisions relating to the protection of foreign well-known trademarks and the legal measures designed to protect consumers from confusion and deception.

Chapter 4 investigates the institutional framework for trademark protection and consumer protection in Ethiopia. It focuses on the roles and responsibilities of key institutions such as the EIPO, MOT, TCCP, and the judicial system in enforcing trademark laws and safeguarding consumer rights.

Schlüsselwörter (Keywords)

The research focuses on the key concepts of consumer protection, foreign well-known trademarks, trademark protection, confusion, and counterfeit goods. It analyzes the legal and institutional framework surrounding these concepts in Ethiopia, examining their effectiveness in protecting consumers from deception and promoting fair market practices. The study also explores the experiences of traders, IPR experts, TCCP experts, and consumers in the Ethiopian market, providing insights into the real-world impact of the legal and institutional mechanisms in place.

• Hochschule: Mek'ele University
• Autor: Mizan Gebremikael (Autor:in)
• Erscheinungsjahr: 2020
• Seiten: 113
• Katalognummer: V1350325
• ISBN (PDF): 9783346859068
• ISBN (Buch): 9783346859075
• Sprache: Englisch
• Schlagworte: Confusion, Consumer Protection, Foreign Well-known Trademark, Trademark Proclamation, Trademark Protection