Industrial Property Developments in Africa and Surrounding Islands

Trade Mark Protection By Cautionary Notices

The Government of Eritrea, which for some years would not accept cautionary notices for publication in the Government-owned newspaper by trade mark proprietors, is now permitting their publication. Unlike the system in neighbouring Ethiopia (from which Eritrea became independent in 1993), the publication is not regulated by any Government Department and does not result in any official recordal or certificate.

Nevertheless, the publication of a Cautionary Notice may be expected to assist the proprietor, in court proceedings against imitators, under Eritrean laws corresponding to the common-law doctrine of passing-off, or unfair competition under civil law systems.