Traditional Knowledge Laws: Ethiopia

Subject Matter of Protection

Article 2 - Definitions

6/ “genetic resource” means any genetic material of biological resource containing genetic information having actual or potential value for humanity and it including derivatives;

14/ "community knowledge" means knowledge, practices, innovations or technologies created or developed over generations by local communities on the conservation and use of genetic resources.

Beneficiaries or Rightholders

Article 2 - Definitions

9/ "local community" means a human population living in a distinct geographical area in Ethiopia as a custodian of a given genetic resource or creator of a given community knowledge;

Article 5 - Ownership

2/ The ownership of community knowledge shall be vested in the concerned local community.

Scope of Protection

Article 6 - Principle

Local communities shall have the following rights over their genetic resources and community knowledge:
1/ the right to regulate the access to their community knowledge;
2/ an inalienable right to use their genetic resources and community knowledge;
3/ the right to share from the benefit arising out of the utilization of their genetic resources and community knowledge.

Article 7 - Right to regulate access

1/ The right of local communities to regulate access to their community knowledge shall include the following:
a/ the right to give prior informed consent for access to their community knowledge;
b/ when exercising the right to give prior informed consent, the right to refuse consent when they believe that the intended access will be detrimental to the integrity of their cultural or natural heritages;
c/ the right to withdrew or place restriction on the prior informed consent they have given for access to their community knowledge where they find out that such consent is likely to be detrimental to their socio-economic life or their natural or cultural heritages;
d/ the right to demand the restriction or withdrawal of the prior informed consent given by the Institute for access to their genetic resources where they found out that is likely to be detrimental to their socio-economic life or their natural or cultural heritages;

2/ The conditions and the procedure in accordance to which local communities shall give prior informed consent for access to their community knowledge shall be specified by a regulation;

Article 8 - Use Right

1/ Local communities shall have an inalienable right to use or exchange among themselves their genetic resources or community knowledge in the course of sustaining their livelihood systems in accordance with their customary practices or norms.
2/ No legal restriction shall be placed on the traditional system of local communities on the use and exchange of genetic resources and community knowledge;

Article 9 - Right to share benefit

1/ Local communities shall have the right to share from the benefit arising out of the utilization of their community knowledge;
2/ Local communities shall have the right to obtain 50% of the benefit shared by the state in the form of money from the be nefits derived out of the utilization of their genetic resources in accordance with Article 18 (1) of this proclamation;
3/ The money obtained pursuant to Sub-Article (1) and (2) of this Article shall be put to the common advantage of the concerned local communities;
4/ The procedure in accordance to which such monetary shall be used for the common advantage of local communities shall be specified by regulation to be issued under this proclamation.

Article 10 - Protection of Community Rights

1/ The rights of local communities over their genetic resources and community knowledge shall be protected as they are enshrined in the customary practices and norms of the concerned communities.
2/ An item of community knowledge shall be identified, interpreted and ascertained in accordance with the customary practices and Norma of the concerned local community.
3/ The non-registration of any community knowledge shall not render it unprotected by community rights.
4/ The publication or oral description of a given genetic resource or a community knowledge, or the presence of the genetic resources in gene bank or any other conservation center or that it is in use shall not affect its protection as
community rights.

Article 11 - Requirement of Permit

1/ Without prejudice to the provisions of Sub-Article 2(a) of Article 4 of this Proclamation, no person shall access genetic resources or community knowledge unless in possession of written access permit granted by the Institute based on prior informed consent.

Article 12 - Basic Pre-Conditions of Access

2/ Access to community knowledge shall be subject to the prior informed consent of the concerned local community.
3/ The state and the concerned local community shall obtain fair and equitable share from benefits arising out of the utilization of genetic resources and community knowledge accessed.
4/ An access applicant who is a foreigner shall present a letter from the competent authority of his national state or that of his domicile assuring that it shall uphold and enforce the access obligations the applicant.
5/ In cases of access by foreigners, the collection of genetic resources and community knowledge shall be accompanied by the personnel of the Institute or the personnel of the relevant institution to be designated by the Institute.
6/ The research based on the genetic resources accessed shall be carried out in Ethiopia and with the participation of Ethiopian nationals designated by the Institute, unless where it is impossible.
7/ Where the research on the genetic resources accessed is permitted to be carried out abroad, the institution sponsoring and/or hosting the research shall give a letter of assurance that they observe the access obligations attached thereto.

Exceptions and Limitations

Article 4 - Scope of Application

2/ Notwithstanding the provision of Sub-Article (1) of this Article, this Proclamation shall not apply to:
a/ the customary use and exchange of genetic resources and community knowledge by and among Ethiopian Local communities; and
b/ the sale of produce of biological resources for direct consumption, that do not involve the use of the genetic resource thereof.