The Revocability of the Teff Patent Right

Abstract

The Ethiopian economy has been constantly growing over the past decade with an average growth rate of 10.8% (2003/4-2013/14) per year. Agriculture is the main driving force of the economy in Ethiopia since it covers 41% of the total GDP. For countries that are primarily led by agricultural sector, such as Ethiopia, it is vital to have diverse agricultural products for export in order to spur the economic growth and have a positive balance of payment. Teff is and can be the new agricultural output that could massively enhance the export sector of Ethiopia since the demand for gluten-free grain such as Teff is in increase in the Western market. As a result, if Ethiopia could access this enormous market it could potentially change the 6 million households that depend on Teff daily. However, Ethiopia is unable to access the European market for now due to the unfairly granted patent by the European Patent Office on Teff process and end products. The unfortunate fact about this patent is that it does not meet the elements of the patent as stated in the European Patent Convention. Thus, the significance of this research paper is to show that the patent is legally revocable and this market hurdle should be removed. Ethiopia as the origin of Teff and the rightful owner of the traditional knowledge that is associated with the production of Teff should be acknowledged and be allowed to access the European market. Accessing this huge market is a step forward in diversifying the Ethiopian economy and assisting the country in the fight to alleviate poverty. Thus, this research paper argues that Ethiopia should not be forbidden to access the European market based on the dubious patent that does not meet the elements of the patent.Furthermore, it suggests that the Ethiopian government, besides taking a legal action it should also use different means to engage the relevant stakeholders in Europe to put pressure on the patent owners by way of means to create awareness to the consumers that the Teff patent is directly affecting the poor Ethiopian farmers. In addition, the paper suggests that Ethiopia should use geographical indication (GI) as a legal instrument to protect Teff and benefit from it.