Abstract
Various scientific studies and researches conclude that Ethiopia is a center of origin and diversity of <i>Eragrostis Teff</i>. Teff is a gluten free crop that has been originated and cultivated for centuries in Ethiopia. Due to its gluten free nature, most European and American consumers are fond this crop. This perhaps captures the interest of developed countries market which will contribute to the development and modernization of Ethiopia’s agriculture on which the country’s economy is massively dependent on. Conversely, as a result of the patent protection granted on Teff flour processing and the resultant gluten free Teff flour product made up of Teff and other gluten free and gluten containing crops in Europe, Ethiopia could not access European gluten free market. European patent on Teff flour processing granted by European Patent Organization (EPO) is still active and validated in some member countries to the European Patent Convention (EPC). Therefore, this research article will assess and evaluate the patentability requirements enshrined under EPC with the protection sought for Teff flour processing patent (Teff patent) granted by EPO. Further, domestic court decisions regarding Teff patent (decision of Hague court that hears the litigation between Ancientgrain BV vs. Bakels Senior NV) will also be analyzed to the extent relevant to this research article. At last, this article explores and discusses the domestic jurisdictions and laws that are necessary and instrumental for the invalidation/nullification of Teff patent.
Highlights
The European patent system as it stands now is implemented by the European Patent Organization (EPO), which is established by the European Patent Convention of 1978 (EPC)
If a patent is granted as a result of a European Patent Application, the resultant patent has the same effect in all contracting countries for which it is granted, have the effect of and be subject to the same conditions as a domestic patent granted by that country
[15] The grant of European Patent (EP) confers the same right like that of national patents granted by EPC member country that commences from the publication date on European Patent Bulletin
Summary
The European patent system as it stands now is implemented by the European Patent Organization (EPO), which is established by the European Patent Convention of 1978 (EPC). [1] The result is a centralized system administered by EPO. [2] This makes it possible for an inventor to obtain a patent protection upon various European countries through a single application filed at the EPO or national offices of the EPC member countries. [2] This makes it possible for an inventor to obtain a patent protection upon various European countries through a single application filed at the EPO or national offices of the EPC member countries. [3] This concept is generally called a “bundle of patents” where the patent applicant has a patent protection enforceable in all EPC member States that the patentee has paid national validation fee. [4] member States to the EPC are able to maintain their sovereignty over patent enforcement (ownership, validity, and infringement) since the EPC established that patent rights must be administered and enforced by the domestic laws of EPC member States. Based on EPC, EPO granted Teff flour processing patent (Teff patent) which covers 29 claims. Fikremariam Ghion and Biruk Haile: Nullification of European Patent: The Case of European Patent on Teff Flour Processing of binding a composition. [14]
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