2/ The Ministry may grant a compulsory license only if:
a) the holder is not producing and selling the propagating material of the protected
variety in sufficient amount to meet the needs of the general public and has refused to
license other persons to produce and sell the propagating material of the protected
variety or is not willing to give such license under reasonable terms; or
b) there exist no condition under which the holder can be expected to give a permit to
use his protected variety.
3/ Where the Ministry grants compulsory license, it shall determine the remuneration the
person to whom the compulsory license is granted shall pay to the holder, the duration of
the compulsory license and other conditions as necessary. The duration of a compulsory
license shall not be shorter than three years and longer than five years; provided, however,
that the Ministry may extend the duration if an application for extension is made and the
conditions warranting compulsory licensing continue to exist.
4/ A person to whom a compulsory license is granted shall have a non-exclusive right to
perform all or any of the activities for which the authorization of the holder would have
been required.
5/ Compulsory licensing shall not preclude the holder from using the variety or to grant
license to others.
9. Duration of Plant Breeders' Right
Without prejudice to other provisions of this Proclamation, a plant breeders' right shall exist
for a period of 20 years in the case of annual crops, and 25 year in the case of trees, vines
and other perennial trees from the date the successful application for a plant breeders'
right was accepted.
10. Persons Entitled to Plant Breeders Right
1/ A breeder shall be entitled to a plant breeders' right in respect of his new plant variety,
whether or not the breeder is an Ethiopian national or a foreigner, or is an Ethiopian
resident or not, and whether the variety was bred locally or abroad.
2/ Where two or more persons bred the variety jointly or that they are joint successors,
they shall jointly be entitled to plant breeders' right; provided however, that only one or
some of such persons may apply for a plant breeders' right provided that the remaining
other persons have given their consent in writing to this effect.
3/ Where the breeder is a public or a private institution, the plant breeders' right shall be
granted in the name of the institution.
4/ Where a variety has been bred by two or more persons independently of each other, the
entitlement to plant breeders' right shall belong to the person who has first filed an
application with the Ministry for plant breeders' right.
5/ Where an application is filed by a person who is not entitled to plant breeders' right, the
person who is entitled to the plant breeders' right may apply to the Ministry for the