Hailu, Yohannes (2015) Legal and Institutional Framework for Transfer of Technology in Ethiopia. Masters thesis, Addis Ababa University.
![[img]](http://thesisbank.jhia.ac.ke/style/images/fileicons/application_pdf.png) |
PDF (Legal and Institutional Framework for Transfer of Technology in Ethiopia)
47 .Yohannes Hailu.pdf - Accepted Version Restricted to Repository staff only Download (1MB) | Request a copy |
Abstract
The relevant policy documents of the Ethiopian government identify access to and dissemination of foreign technologies as a key factor for the achievement of development goals of the country. It is also a day to day occurrence to hear high government officials through media outlets asserting the importance of technology transfer. Nonetheless, foreign technologies cannot be effectively adapted in a vacuum. In addition to having the required technological capability to absorb foreign technologies, suitable legal and institutional arrangements need to be put in place. This study paper thoroughly analyzes laws of the country that have direct or indirect impact on technology transfer activities. It also examines the powers, responsibilities and technology transfer activities of government organs which have mandates to deal with technology transfer process. Using the method of both scholarly and legislative documents analysis and interviews with government officials, the findings of the study reveals the inadequacy and fragmented nature of the rules on transfer of technology. Contrary to prevailing foreign experiences, determining the terms and conditions of technology transfer agreements is left to the absolute autonomy of the parties, there are no packages of incentives to persons who engage in technology transfer activities and the investment law fails to provide for attractive incentive to foreigners who invest jointly with Ethiopian nationals. The patent and competition laws overlook to regulate restrictive patent licensing practices which may have the effect of defeating one of the very purposes of introducing the patent system, i.e, encouraging the transfer and adoption of foreign technology. Furthermore the country lacks compressive piece legislations that regulate franchising business and trade secrets protection. As regards institutional setups for the transfer of technologies in Ethiopia, the study identified, among others, the Ministry of Science and Technology, Ethiopian Intellectual Property Office and the Micro and Small Enterprises Agency as government entities which have mandates that relate with technology transfer. Among other things, absence of coordination, overlap of mandates, bureaucratic hurdles, and absence of monitoring and follow up mechanisms hinder these institutions from undertaking effective and efficient technology transfer activities. Finally, the writer of the paper suggests some solutions that may help to overcome the abovementioned shortcomings. He recommends that it is high time to adopt a technology transfer regulation that: prohibit the conclusion of restrictive technology transfer agreements; provide for mechanisms for monitoring and follow up procedures; and provide for packages of incentives for persons who engage in technology transfer activities. He also suggests for the amendment of some parts of the patent law and inclusion of some other new legal arrangements in the same. In addition, he calls for the enactment of compressive franchising and trade secretes protection laws. He further advises that a special governmental organ should be established. This government organ shall have the mandate to look over and coordinate all sorts of technology transfer activities in the country.
| Item Type: | Thesis (Masters) |
|---|---|
| Subjects: | K Law > K Law (General) |
| Divisions: | Africana |
| Depositing User: | Emmanuel Ndorimana |
| Date Deposited: | 26 Jun 2018 07:46 |
| Last Modified: | 26 Jun 2018 07:46 |
| URI: | http://thesisbank.jhia.ac.ke/id/eprint/4587 |
Actions (login required)
 |
View Item |