The Tiff over Teff | Traditional Knowledge

Recently, Mr Fitsum Arega, the Ethiopian Ambassador to the United States of America, tweeted news that the Court of The Hague had just handed down judgment in a matter in which two Dutch patents, concerning the processing of Teff, had been held to be invalid for lack of inventive step. His tweet continued “I hope we can learn from this that our national assets must be protected by Ethiopians & friends of #Ethiopia”.

Teff is a nutrient rich gluten-free grain that is and has for a long time been an integral part of Ethiopia’s heritage. It is used to make Injera, a pancake-like flatbread, which is a staple part of the Ethiopian diet.

The Dutch patents were in the name of a company owned by Dutch businessmen who, according to various media reports, had received traditional knowledge relating to Teff from Ethiopia in terms of an agreement in terms of which the traditional knowledge would be exploited for the mutual benefit of both parties. The businessmen, however, were not party to the agreement in their personal capacities but via a company which subsequently went insolvent resulting in their contractual obligations to Ethiopia with respect to the traditional knowledge ceasing. The businessmen then assigned the patents into the name of another entity and were able to exploit them free of any contractual obligations towards Ethiopia.

In South Africa, the Protection, Promotion, Development and Management of Indigenous Knowledge Systems Bill is currently before the National Assembly waiting for final approvals before being enacted into law. An aim of the Bill is to protect South African traditional knowledge to avoid situations like this one where traditional knowledge is exploited by third parties for no benefit to South Africa and without legal recourse.

For assistance and information regarding Traditional Knowledge policies in Africa, contact AfricaIP@Adams.Africa.

View Related Blogs
View All
news

New Plant Health Act to regulate plant pests

The recent publication of the Plant Health (Phytosanitary) Act 35 of 2024 is expected to herald significant changes in South Africa’s approach to the management of plant pests. The Act replaces part...

Intellectual PropertyPatentsThomas Schmidt
news

Dealing with trade mark infringements on third party websites

We currently live in the internet age, an age where a great deal of economic activity is conducted online. Nowadays, most businesses have some form of online presence in the form of websites. This is ...

Fanele MabasoIntellectual PropertyNicole SmalbergerTrade Marks
news

Protecting well-known rights in the absence of deception and confusion.

Introduction Trade marks are meant to differentiate your goods or services from the goods or services of a third party. Sometimes, third parties may seek to take a short cut and turn a quick profit by...

Adams NewsFanele MabasoIntellectual PropertyNicole SmalbergerTrade Marks