Intellectual property rights; namely Trade Mark, Patent, Industrial Design and Copy
Right have developed in recent few decades as a result of innovations which are crucial
to the development of the globe. Thus, the Eritrean legal system doesn’t fully cover all
aspects of the intangible rights, as such; these rights were not fully protected against
infringements as compared to the protection accorded to intellectual property right
holders by the Convention. Nonetheless, in section three of the Commercial Code of
Eritrea Articles 135- Articles 138 deal with Trade Name. Section 4 Articles 140 and 141
Trade Mark is defined as distinguishing Mark and provides protection to such a mark.
It also prohibits unfair trade practice.
Recently, the Ministry of Justice has drafted new laws (Commercial Code, Civil Code,
Penal Code Civil and Criminal Procedure Codes and Law of Evidence). These drafted
Codes are expected to address and solve new legal concepts as well as Eritrea’s
international obligations. Therefore, though it is too early to site provisions from the
drafted Codes, chapters have been devoted to address the issue of Intellectual Property
Rights compatible to the commitments of WASPO member States.
Below are some Important Provisions of the Provisional Commercial and Civil Codes of
Eritrea which are in force since the independence:
Articles from the Provisional Commercial Code of Eritrea, regarding Trade Mark and
Patent.
Art. 132- Unfair commercial competition.
A trader may claim damages under Art. 2057 of the Civil Code from any person who
commits an act of competition which amounts to a fault.
Art. 133. - Cases of unfair competition