PATENTS, TRADEMARKS AND COPYRIGHTS REGULATIONS IN EGYPT

A recent Law No. 82 of 2002 (the “Intellectual Property Law”) on the protection of intellectual property rights was promulgated by the Egyptian People’s Assembly, and it provides for extensive protection of these rights, particularly in the following fields:

  PATENTS The Intellectual Property Law allows inventors to obtain patent protection for twenty years from the date of application in Egypt.   

The patent protection for utility designs is for seven renewable years starting from the date of application in Egypt, and the patent protection for schematic designs of integrated circuits is ten years starting from the date of application in Egypt or the date of first commercial exploitation thereof in Egypt or abroad, whichever date is prior to the other.

 It is the patent holder's exclusive right to fully exploit the invention.  It is also his obligation to fully exploit it, otherwise the patent holder may be subjected to compulsory licensing in favor of a third party for failure to do so, as detailed in this Law. Undisclosed secret data and information also enjoy protection in accordance with this Law.TRADEMARKS The Intellectual Property Law provides owners of trademarks with a protection period of ten years subject to renewals for similar periods. The owner of the trademark is the one who effects the registration and uses the trademark for the five following years, unless it is established that a third party had a priority of using it, and the person who had preceded the one in whose name the trademark is registered has the right to challenge and declare null and void the registration during those five years. However, the trademark may be challenged and declared null and void without a period restriction if it is coupled with ill will. This Law provides that the owner of a famous trademark in Egypt and worldwide has the right to enjoy the protection prescribed in the Law even if the trademark is not registered in Egypt.  INDUSTRIAL DESIGNS AND DRAWINGS  Industrial designs and drawings enjoy protection for ten years starting from the date of application for registration in Egypt, and the protection is renewable for five years.   COPYRIGHT 

Copyright protection includes literary, technical and scientific works such as architectural designs, speeches, musical works, theatrical pieces, maps, photographic and cinematographic works, works for broadcast on television or radio, videotapes, and computer software.

 The protection extends to fifty years after the death of the author.  If the author is a legal entity then the protection begins on the date of first publication.   The protection for applied arts works is for twenty five years starting from the date of their publication or the date they are made available to the public for the first time whichever is the latter and broadcasting authorities enjoy the exploitation protection for twenty years starting from the date of first transmission of the programs. BOTANICAL PRODUCTS Botanical biological and non-biological products derived in Egypt and abroad –which are new, distinctive, homogeneous, durable and that have a distinctive appellation- enjoy the protection of the Intellectual Property Law once they are recorded in the special register for botanical products subject of protection. The duration of the protection is twenty-five years for trees and grapevines and twenty years for other agricultural products, and the general rule is that the protection runs from the date it is granted. 

KOSHERI, RASHED & RIAD LEGAL CONSULTANTS & ATTORNEYS AT LAW 16, Maamal El Sokkar St., Garden City, Cairo 11451, Egypt            TELEPHONE: + (20 2) 7954795 (10 lines), 7959228, 7952096            FAX: + (20 2) 7958521            E-mail: samiakr@link.net                        mailbox@krr-law.com            Web site: www.krr-law.com   

Patents, Trademarks and Copyrights                     Regulations in Egypt

  By Dr. Tarek Fouad RiadHarvard Law School LL.M. (1982), S.J.D. (1985)

Managing Partner of Kosheri, Rashed & Riad

Professor of Business Law at the German University in Cairo

& Deputy Director of Center René-Jean Dupuy

For Law and Development Special legal counsel to the speaker ofThe Egyptian People's Assembly E-mail: samiakr@link.netmailbox@krr-law.comtarek.riad@krr-law.com Web site : www.krr-law.com