Legislation
In an effort to bring domestic legislation in line with WTO'S Trade Related
Aspects of Intellectual Property Rights {TRIPS) Agreement, Egypt People
Assembly passed in July 2002 law No.82 entitled Intellectual Property Rights
Law and its Implementing Regulations. It is a comprehensive piece of legislation
embracing Patents and Utility Models, Layout Designs and Integrated Circuits,
Undisclosed Information, Marks, Trademarks, Geographical Indications and
Industrial Designs, Copyright and Plant Varieties.
Egypt has ratified the Paris Convention as of July 1, 1951, the Patent Cooperation
Treaty (PCT) as of September 6, 2003, the Madrid Agreement (Marks) as of
July1, 1952, l the Madrid Agreement (Source) as of July 1, 1952, the Madrid
Protocol as of June 28, 1989 and the Berne Convention as of June, 1977.
Egypt has ratified WIPO Convention as of April 21, 1975.
Egypt Patents Registration
The Egyptian law on the protection of Intellectual Property Rights endorsed
the patentability criteria as stipulated in TIPS. It excludes in article
2 plants, animals and essentially biological processes for the production
of plant or animal other than microorganisms, non-biological processes for
the production of plant or animals. This includes pharmaceutical products
that are isolated or purified from biological material or animals, manufactured
drugs that are wholly or partially reliant on living organisms, and medicine
produced by dependence on plants and animals. Microorganisms to qualify
for patentability must fall within the ambit of only genetically modified
or transgenic microorganism to the effect that microorganism already existing
in nature shall be excluded. Such provision would ultimately defeat the
so called bio-piracy to the effect of excluding from patentability any biological
materials found in nature.
Applications are examined to ensure formal compliance. All required documents
must be submitted within a period not exceeding six months from the date
of filing including priority documents if priority is to be claimed. Once
an application is accepted, it will be published in the Patent Gazette.
Opposition may be triggered within 60 days from the date of publication.
The applicant will be duly notified and he is obliged to response within
15 days. Article 17 provides that the Ministries of Defense, Military Production,
and Health may oppose the grant within 90 days from the date of notification
or publication as the case may be. The grant of a patent shall be made after
the expiry of one year from the date of filing the application and shall
remain confidential during the said period. Assignments with or without
compensation should be recorded with the Patent Office which would ultimately
be published in the Patent Gazette. Patent validity term is for twenty years
calculated from the filing date. Patent annuities must be paid before or
within the last month of each year during the validity period. A penalty
amounting to 75% of the annuity fee shall be imposed if the proprietor failed
to pay after being duly notified to effect payment within 30 days. A patent
must be put into operation within a period of three years as from the date
of grant or four years from the date of application. The law does incorporate
a provision for compulsory license as when circumstances permit compulsory
license may be granted by the patent office subject to approval of the Ministerial
Committee on the ground of public non-commercial interest including national
security, health, environmental, food safety, emergency and extreme urgency.
In the said instances prior consultation with the right holder to obtain
his consent is not a condition precedent as it is waived; however he or
she shall be notified.
In the event of compulsory license by reason of an overriding public interest
such as economic, social or technological reasons, the patent holder will
be notified of the cogent justifications underlying the decision of compulsory
license in a manner as would avoid unreasonable prejudice coupled with fair
compensation. In the said instance compulsory license would be issued if
the patent holder had declined to grant a contractual license on terms that
are in line with customary commercial practices. Again, compulsory license
may be granted in cases the patentee abuses the rights granted in a manner
as would be adverse to fair competition such as fixing exorbitant prices,
failure to supply local market needs, or the patentee commits adverse acts
which ultimately hampers the process of technology transfer. In such an
instance negotiations would not be entertained and compensation shall be
made taking into account the adverse consequences resulting from the arbitrary,
unfair competition acts committed by the patentee.
Compulsory license may be revoked after lapse of two years if the compulsory
license granted proved to be adverse to national economy. The interested
party may challenge the decision before the Ministerial Committee. Once
more, where a patented invention cannot be put into operation without infringing
rights under a patent granted on an earlier application, a compulsory license
may be granted to the owner of the later patent to the extent required for
the working of his invention, insofar as such invention comprises a significant
technical advance, however, the other patentee shall have equal rights.
In the field of semi-conductors technology, a compulsory license shall be
granted for only public non-commercial purposes to offset adverse uncompetitive
practices. The law provides for expropriation which must be based on the
decision of the competent Minister subject to prior approval of the Ministerial
Committee. Such an act must be based on national defense considerations,
emergency and the needs of the state subject to payment of fair compensation
to the patentee.
The law provides legal safeguards as to the conditions and circumstances
where a compulsory license may be applied. These conditions and circumstances
are: a compulsory license decision shall be based on the merits, a voluntary
license has been declined by the patentee, capacity and efficiency of the
licensee to exploit the invention, the beneficiary of the compulsory license
is not permitted to sub-license, and payment of fair compensation. Appeals
against the Patent Office decisions shall be made to a Committee preside
over by a Court of Appeal judge, a consultant of the State Council and three
other expert members. The presiding Committee shall render a decision with
60 days, and the decision of the Committee shall be appealed within 60 days
to the Administrative Tribunal. On the basis of a valid basic or home application,
the Patent Office shall grant and Exclusive Marketing Right Certificate
for an applicant's products, subject to prior approval of the Ministerial
Committee.
A utility model patent shall be granted, under the law, for any new technical
addition in the structure or composition of devices, tools, equipment or
their components products or processes or means of manufacturing the above,
and the like that is current in the use. A utility model applicant may convert
his application into a patent application. Equally a patent applicant may
convert his application into a utility model application. In both cases
the date of the original application shall prevail
The Patent Office may spontaneously convert the application from a utility
model to an application for a patent when the relevant requirements are
met. Validity term for a utility model is a non-renewable period of seven
years. A utility model may be converted into a patent and vice versa as
and when the relevant requirements are satisfied. The validity term for
Layout and integrated circuits protection is ten years from the date of
application or the date when it was first commercially exploited in Egypt
or abroad whichever occurs first. The application must be accompanied by
a picture or a drawing and a sample of each integrated circuit together
with information illustrating the electronic function of the integrated
circuit
Infringements acts may be raised by the patentee to the competent court
having civil or criminal jurisdiction as the case may be. The relief prayed
for depends on the nature of the suit. If it is a criminal suit a court
may issue an order amounting to confiscation and destruction of the infringed
products. On the other hand, a civil court may enter a judgment including
compensation for damages and losses sustained.
Formal filing requirements for a non-PCT application are as follows:
Power of attorney duly executed and legalized by an Egyptian Consulate
which is required to be submitted within a period of 4 months form the
date of filing...
A duly certified copy of the certificate of incorporation of the
applicant company duly legalized by an Egyptian Consulate which is required
to be submitted within a period of 4months from the date of filing.
Three copies of the specification and claims in English.
Formal drawings including references entered in Arabic.
Three copies of an abstract in English and Arabic.
A duly executed deed of assignment if the applicant is not the inventor
which is required to be submitted within a period of 4 months from the
date of filing.
Priority document, if priority is to be claimed which must be submitted
within a three months period form the date of filing.
Formal filing requirements for a PCT application are as follows:
Power of attorney duly executed and legalized by an Egyptian Consulate.
A duly certified certificate of incorporation of the applicant company
duly legalized by an Egyptian Consulate.
Three copies of the specification and claims in English.
Formal drawings including references entered in Arabic.
Three copies of an abstract in English and Arabic.
A duly executed deed of assignment if the applicant is not the inventor.
Priority document, if priority is to be claimed.
Copy of PCT international advertisement.
Copy of the International Search Report.
Copy of the International Preliminary Report.
Copy of any changes, if any, made during the international phase
process at WIPO.
NOTE: Documents required for mandatory formal filing are:
Particulars of the applicant, title of the invention, copy of the specification,
claims, formal drawings, and an abstract as published by WIPO. Other indicated
documents may be filed within a two months period. Applications based on
International Search article 22, chapter 1 of the PCT enters into Egypt
national phase within twenty (20) months from the date of the priority claim.
However those based on an international preliminary examination article
39, chapter 11 of PCT shall enter in Egypt national phase within 30 months
from the date of the priority claim.
Designs.
The international Classification of Industrial Designs is maintained. Examination
is confined to form. Once an application is accepted, the Certificate of
Registration is issued and a notice of acceptance is published in the Gazette
of Trademarks and Industrial Designs. In the event the Design Department
declined to grant a design right, the applicant must be notified within
30 days. The applicant is entitled to challenge the Department's decision
by raising an appeal within 30 days to the Ministerial Committee whose decision
may be appealed within 30 days to the Administrative Tribunal. Protection
extends for a period of 10 years as from the date of filing and it is renewable
for a further period of 5 years. An assignment is required to be recorded,
and its publication is mandatory for the purposes of being effective against
third parties.
Formal filing requirements.
Power of attorney duly executed and legalized by an Egyptian Consulate.
A duly certified copy of the certificate of incorporation of the
applicant company duly legalized by an Egyptian Consulate.
Three sets of formal drawings or photos clearly showing the design
for which protection is thought.
A duly executed deed of assignment if the applicant is not the proprietor.
Priority document, if priority is to be claimed.
Patent annuities.
Power of attorney duly executed and legalized by an Egyptian Consulate.
Particulars of the applicant.
The number and date of filing of the patent.
Changes.
Change of the owner's name.
change of the owner's address
assignment
licensing contract
mergers
Requirements:
A duly executed Deed of Assignment legalized by an Egyptian Consulate
Power of attorney duly executed and legalized by an Egyptian Consulate
A duly executed contract of licensing.
A duly certified merger instrument.
A duly certified instrument of change of name and/or address.
Original letters of patent for endorsement purposes.
Trademarks/service marks.
The Trademarks Registry Department will examine applications to ensure formal
compliance. Once formal compliance is secured, the application will be published
in the Official Gazette of Trademarks and Industrial Designs, and hence
the Certificate of Registration will be issued. In the event necessary modifications
are required, the applicant will be notified within one month from the date
of filing. The applicant must respond within a period not exceeding six
months. In the event the Department declines to accept an application, the
applicant is entitled to appeal to the Ministerial Committee within a period
of 30 days. Opposition to registration may be made by residents or non-residents
within a period of six months from the date of publication.
The International Classification of Goods and Services is followed (Nice
Classification). The term of validity for a duly registered trademark is
10years, renewable for similar periods subject to payment of the prescribed
fee, nonetheless a period of 6 months grace is allowed subject to imposition
of a penalty amounting to 75% of the renewal fee which must be paid after
the applicant being duly notified to pay within a 30 days period. A trademark
may be assigned with or without goodwill; however an assignment must be
recorded within a period of six months from the date of assignment as shown
in the deed of assignment. However, in the event of a license the contract
terms and conditions must not incorporate a specific time limit. Again,
the terms and conditions must be reasonable as to provide the licensor with
effective control and at the same time preserve the licensee's freedom of
management.
The license contract must embrace a provision to the effect that the licensor
must refrain from acts which may undermine the status of the products. A
trademark may be cancelled, if an interested third party established cogent
grounds showing non-use for a period of five years as from the date of filing
or three years from the date of grant. Infringement acts include, among
other things, unfair competition acts. Infringement actions shall be presided
over by the Administrative Tribunal.
Formal filing requirements are as follows:
Name and address of the applicant including his nationality, his domicile
and the address of his place of business.
A power of attorney duly executed and legalized by an Egyptian Consulate.
A duly certified copy of the certificate of incorporation of the
applicant company duly legalized by an Egyptian Consulate.
12 prints of the mark for each class and a printing block.
A complete list of goods and services to be covered by the registration.
A duly certified copy of the priority document if priority is to
be claimed.
NOTE: All documents may be filed together with the application
form or later within a period preferably not exceeding a three months period.
Opposition may be triggered within a three months period from the date of
publication. Registration duration is for a period of ten years from the
date of filing, renewable for further similar periods. International classification
is followed.
Changes.
Alteration of goods and services.
Alteration of a registered trademark.
Voluntary cancellation of a registration.
Change of name and /or address of the owner.
Assignment of the registration.
Licensing contract.
Requirements:
A power of attorney duly executed and legalized by an Egyptian Consulate.
A duly certified instrument of change of name and/or address.
Original certificate of registration / renewal as the case may be.
A deed of assignment duly executed and legalized by an Egyptian Consulate.
A duly executed licensing contract.
Copyright.
Range and extent of protection.
The copyright law provides protection, among other things, for written works,
phonographs and cinematographic films, theatre and musical pieces, television
and radio works for publication, paintings, sculpture and architecture,
maps and speeches. An amendment enacted in 1994 considers software as a
literary work and as such a fifty years protection is provided. Protection
under the copyright law ends fifty years after the death of the author.
However, if the copyrighted substance is owned by a legal entity rather
than a natural person, the fifty years protection shall begin on the date
the material was first published. The author may assign the rights granted
to him subject to prescribed terms and conditions. The author has exclusive
wide latitude to commercially utilize his work within the bounds prescribed
by law. Again, he has the right to maintain his copyrighted works by means
of infringement actions to deter others from encroachment as to his rights.
He may trigger a criminal action or a civil action as the facts of the infringement
act warrant.
Formal filing requirements are as follows:
Name and address of the applicant including his nationality, his domicile
and the address of his place of business.
A power of attorney duly executed and legalized by an Egyptian Consulate.
A duly executed deed of assignment legalized by an Egyptian Consulate
if the author is not the applicant.
For Literal Works 10 copies are required to be lodged with the National
Library of Egypt.
As regards Artistic Works five copies are required to be lodged with
the National Library of Egypt.
As regards Computer Software two copies are required to be lodged
with the Cabinet Information and Decision Support Centre (IDSC )
