Rules for the Exploitation of Jointly Owned Copyright and Patent in Ethiopia

Abstract

Intellectual property rights can, as any property rights, be owned by more than one person jointly. Such joint ownership of intellectual properties may arise either from joint creation, inheritance, court decision or agreement of the joint owners. Since joint ownership of intellectual property involves more than one person sharing undivided interest over such rights, special attention should be given to rules governing the exploitation of such rights by joint owners. The relationship among joint owners in the exploitation of such rights may be determined either by the law or agreement of the joint owners. In principle the joint owners are at liberty to determine the manner of exploiting jointly owned intellectual property rights among themselves. However, in the absence of an agreement among the joint owners on how to exploit the jointly owned intellectual property rights, the default provisions of the laws are applicable to such situations. Both the Ethiopian copyright and patent laws, while recognizing joint ownership of copyright and patent respectively, are failed to provide for default rules for the exploitation of such rights among the joint owners in case the latter have failed to reach in to an agreement to this end. Nor did they make an explicit reference to the provisions of the Ethiopian civil code on joint ownership of things so that they would be made applicable mutatis mutandis to the jointly owned copyright and patent. This work is inspired by the literature gap existing in this area particularly in relation to rules governing the exploitation of jointly owned copyright and patent. A doctrinal research approach is employed in the analysis of the provisions of the copyright and patent laws and the civil code of Ethiopia in light of the laws other states. This article, in the absence of an agreement among the joint owners, is arguing for the applicability of the provisions of the Ethiopian civil code on joint ownership of things mutatis mutandis to the exploitation of jointly owned copyrights and patents. It also recommends, after the thorough examination of the relevant provisions of both the copyright and patent laws of Ethiopia, a law reform measures to be undertaken by the legislature such as the need for setting a clear pre-conditions to be fulfilled in order to consider persons as a joint creator of copyright and patent and the regulation of joint ownership of copyright and patents under the respective laws of copyright and patent. Keywords: Agreement, Rules, Copyright, Patent, Exploitation, Joint ownership, Ethiopia DOI: 10.7176/JLPG/97-02 Publication date: May 31 st 2020