THE INTERFACE OF COMPETITION AND INTELLECTUAL PROPERTY lAWS: tHE CASE OF ETHIOPIA

Abstract

An issue with great relevance today is the increasing interaction between Intellectual Property (IP) and Competition. The laws on Intellectual Property Rights (IPR) and Competition have evolved historically as two separate systems. The traditional role of competition law has been to promote efficiency in the market and thereby prevent market distortions whereas the role of IPR has been the promotion of innovations by granting protection and rights over inventions. The general perception is that there is a tension between IPR and Competition law although these laws have a mutual goal. However, Ethiopian law is not equipped to deal with the interplay between the Competition provisions and Intellectual Property protection. Hence, the basic objective of the study is to examine the legal lacuna in the area of interface between Intellectual Property Law and Trade Competition and Consumer Protection proclamation in Ethiopia. To do so, the study involves a doctrinal type of methodology, which relies on primary and secondary sources. In addition, the study used experiences of some purposively selected jurisdictions based on their successes and relevance to Ethiopia. Accordingly, the study has found that Ethiopian legal and institutional framework not equipped to deal with the interplay between the competition provisions and Intellectual Property protection. As a result, it creates unnecessary coalition between the parties, also adversely affects the interests of the investing public, which ultimately hinders the growth of the economy as a whole. Therefore, the researcher recommends that the Council of Ministers of Ethiopia should come up with IPR and competition-specific guideline and fill the gap of the law to rectify the existing problems.