Geographical Indication (GI) options for Ethiopian Coffee and Ghanaian Cocoa

Innovation & Intellectual Property
be protected regardless of whether they were developed through biological or
non-biological means. This provision is notable, because advanced plant breeding
could lead to the development of new plant varieties with improved traits suitable
for the production of biofuels, and such new varieties, while not eligible for
patent protection, could be protected via sui generis methods (Al-Saghir, 2004).
According to Article 194 of the EIPRL, any third party wishing to produce, propagate,
circulate, sell, market, import or export the propagating material of a new
plant variety has to obtain written consent from the breeder.
Article 195 of the EIPRL provides an exemption allowing free access to plant
material in order to breed new varieties without having to obtain permission
from the first breeder. This kind of “breeder exemption” is one of the cornerstones
of plant variety rights systems. The same Article 195 also allows free activities
related to experiments and scientific research purposes, as well as selected
non-commercial uses and activities related to teaching and training. Article 10
of the EIPRL contains a list of exceptions to exclusive patent rights for the purposes
of research or experimental use of an invention. Researchers often build
upon existing inventions, and this exception could thus be relevant in the clean
energy context where adaptation of technology to local needs and environments
is particularly vital.
Formal requirements under Egyptian patent law do not concern the nature of
the invention, but rather the manner in which the invention is submitted to the
Egyptian Patent Office. According to Article 16 of the EIPRL, the filing of a patent
application is followed by the processing of the application through a search of
prior art, substantive examination of patentability, and deciding whether a patent
is granted or refused. Identifying an invention requires a summary of all the particular
features of the invention, such as a description, claim(s), drawing(s) and an
abstract. Other formal requirements are evidence of ownership and the payment
of fees to the Patent Office. The description filed with the Patent Office must disclose
the invention in a clear and complete manner so that the invention could be
carried out by a person skilled in the art (EIPRL, Art. 13.1).
Article 13 of the EIPRL includes specific provisions regarding the disclosure
of the invention that are potentially relevant to biofuel innovation and other clean
energy technology innovations. Article 13 adopts the highest possible level of disclosure,
as it requires the patent applicant to disclose in the best possible way how
the invention is executable at the time when the patent application is filed (Awad,
2007). Moreover, Article 13 states that, where the invention involves biological,
plant or animal matter, traditional medicinal, agricultural, industrial or handicraft
knowledge, or cultural or environmental heritage, the applicant should have
acquired the source of such product, knowledge or heritage by legitimate means.
The patent applicant must, according to Article 3(3) of the Executive Regulation
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