The Ethiopian Well-Known Trademark Protection System and Its Implication on Foreign Direct Investment

Abstract

Due to the ever increasing trans-border movement, internet connection and globalization, individuals in different corner of the world are becoming easily accustomed to international well-known marks even though the owners of such marks do not produce/supply goods/services within a particular territory. Be this as it may, coupled with the conventional registration and territorial based system that is pursued in respect of the protection of trademarks, the dynamic change of such interaction among the global community have opened a fertile ground for trademark squatters to register and exploit the international well-known marks of others. On the backdrop of this fact, this manuscript investigates the Ethiopian well-known trademark protection system in light of its capacity to promote the interest of the country, in particular in respect of its potential implication on the foreign direct investment flow of the country. The study has made use of primary and secondary sources of data and qualitative analysis to investigate the implication of the regime on the foreign direct investment flow of the country. The finding is that the existing international well-known trademark protection legal framework, which hangs up the special protection of such marks to a future international convention, apart from its potential threat on franchise business and foreign direct investment flow, it is deterring the country from benefiting out of employment opportunities and declaration fees which the country shall consider forth with.

Keywords: International well-known trademark, Foreign Direct Investment, Franchise business, Registration, Territorial.

DOI: 10.7176/JLPG/106-01

Publication date: February 28^th 2021