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Custom Recordal of IPRs in Ethiopia

Ethiopia

Custom Recordal of IPRs
Yes
No
Yes
The trademark registration and proclamation no. 501/2006 together with the trademark registration and protection regulation no. 273/2012 (Section 42) - form the legal basis for Custom Recordal of IPRs (Border Control Measures) in Ethiopia.
Custom Recordal of IPRs is effective both on the import and export of goods.
It is the role of the customs to admit the applications concerning the recordal of rights, and thereby, keep a constant check on the major inlets and outlets of the country concerning the presence of infringing goods. In doing so, it is also their responsibility to keep the rights holder informed, and where such alleged goods are found, the customs shall inform both the counterparts to ensure proper and unbiased investigation of the allegedly infringing goods.
A written application has to be made along with the supporting documents to the Customs authority. The applicant may have to furnish additional documents as may be required for the enforcement of IP rights in favour of the holder of those rights.
The documents to be submitted are as follows:
  • Power of attorney legalized by the Ethiopian Consulate
  • Proof of registration
No
There is no period prescribed; however, the information is usually passed on as soon as possible.
Yes, the system is centralized.
There has to be a physical submission of the application.
There is no such formal fee for recordal of rights to be made.
Yes
If the customs find goods of infringing nature, they may detain the goods until the proper determination as to their nature is made by a competent court.
The applicant bears the liabilities and expenses related to suspension of the release of infringing goods.
Yes
Yes
Yes
10 days
Yes
10 days
No
The customs may require the submission of a sufficient security, which shall be determined considering the quality and quantity of goods being detained.
The customs inform both the parties to the dispute, the importer/exporter and the IP right holders, as to the measures that have been taken to seize the goods. The IP rights holder is also informed about the need to furnish an injunctive order from the court to continue detention of such goods.
Yes, to address the issue of infringing goods, a civil court proceeding must be initiated by the IP rights holder. Failure to do so shall result in the suspension or release of goods from the detaining facility.
No
Yes
The court may require the submission of other supporting documents.
The possible remedies awarded by the court include destruction of goods.
No