Ethiopian Intellectual Property Authority Grants Patent to "Affini" Book: A Call for Clarification

In a recent and noteworthy development, the Ethiopian Intellectual Property Authority has granted a patent right to the author of the "Affini" book, which delves into the rich cultural values and identities of the Sidama people. While the recognition of creative works and the celebration of cultural heritage are commendable, it is essential to address a significant legal and conceptual misunderstanding: books on cultural values and identities do not qualify for patent rights. This article aims to elucidate the distinction between copyright and patent protection and to call for a clear explanation of this unusual decision.

The Importance of Recognizing Cultural Works
The "Affini" book is a valuable contribution to Ethiopian literature, offering insights into the traditions, customs, and identities of the Sidama people. Such works are crucial for preserving cultural heritage, fostering national identity, and promoting intercultural understanding. Authors who invest time and effort in documenting and analyzing cultural values deserve recognition and protection for their intellectual endeavors.

Understanding Intellectual Property Rights: Copyright vs. Patent
Copyright Protection:
Scope: Copyright protects original works of authorship, including literary works, music, art, films, and software.
Rights Granted: Copyright grants the creator exclusive rights to reproduce, distribute, perform, display, and create derivative works based on the original creation.
Automatic Protection: Copyright protection is automatic upon the creation and fixation of the work in a tangible medium, such as a manuscript.
Duration: Typically, copyright lasts for the life of the author plus 70 years, providing long-term protection and control over the work.

Patent Protection:
Scope: Patents protect new, useful, and non-obvious inventions or discoveries, such as processes, machines, manufactures, and compositions of matter.
Requirements: To qualify for a patent, an invention must be novel, non-obvious, and useful. The patent application process is rigorous, requiring detailed documentation and examination.
Rights Granted: Patents grant the inventor exclusive rights to make, use, sell, and import the invention for a limited period, usually 20 years from the filing date.

Why "Affini" Should Be Protected by Copyright, Not Patent
The nature of the "Affini" book as a literary work documenting cultural values and identities places it squarely within the realm of copyright protection. Copyright is specifically designed to protect the expression of ideas, narratives, analyses, and descriptions in literary forms. Conversely, patents are intended to protect functional and technical innovations, which are clearly distinct from the content of a book.

Call for Clarification from the Ethiopian Intellectual Property Authority
The decision by the Ethiopian Intellectual Property Authority to grant a patent right to the "Affini" book raises several important questions:
Criteria for Patentability: How does the "Affini" book meet the stringent criteria of novelty, non-obviousness, and utility required for patent protection?
Nature of the Work: What specific elements of the "Affini" book are considered to be inventions or discoveries that qualify for a patent?
Legal Basis: What legal framework and reasoning underpin the decision to grant patent rights for a literary work traditionally covered under copyright law?

My conclusion
While the recognition of the "Affini" book and its author is a positive step towards valuing cultural heritage, it is crucial to apply the appropriate form of intellectual property protection. Copyright law is the correct mechanism to protect literary works, ensuring that authors maintain control over their creative expressions and benefit from their intellectual contributions. The granting of patent rights to a literary work like the "Affini" book is an anomaly that warrants thorough explanation and review.
By addressing this issue, the Ethiopian Intellectual Property Authority can help clarify the correct application of intellectual property laws, ensuring that creators receive the appropriate protection and recognition for their works. This will not only uphold the integrity of intellectual property principles but also foster a clearer understanding of the legal protections available to authors and inventors alike.