Egypt
LAWS
Constitution
of the Arab Republic of Egypt 2014 (2014).
IP LAWS
Law
No. 82 of 2002 on the Protection of Intellectual Property Rights (2002).
IMPLEMENTATION
OF RULES AND REGULATION (INTELLECTUAL PROPERTY).
Prime Minister
Decree No. 497 of 2005 on Issuing the Executive Regulations for Book III of Law
No. 82 of 2002 on The Protection of Intellectual Property Rights (2011).
Prime
Ministerial Decree No. 2202 of 2006 on The Amendment of Some Provisions of the
Executive Regulations for Book Three of the Law on The Protection of
Intellectual Property Rights Issued by Law (82) of 2002 (2006).
Ministerial
Decree No.807 of 2005 Determining plant species whose varieties are protected
under Intellectual Property Rights Protection Law (2005).
Ministerial
Decree No. 2227 of 2004 relating to the adoption of the forms to be used at the
Office of Plant Variety Protection (2004)
Council of
Ministers Resolution No. 1366 of 2003 issuing Implementing regulations for Law
No. 82 of 2002 on the Protection of Intellectual Property Rights Books One, Two
and Four (2003).
TREATIES
Washington
Treaty on Intellectual Property in Respect of Integrated Circuits …
Protocol
Relating to the Madrid Agreement Concerning the International Registration of
Marks (September 3, 2009).
Nice Agreement
Concerning the International Classification of Goods and Services for the
Purposes of the Registration of Marks (June 18, 2005).
Patent
Cooperation Treaty (September 6, 2003).
Trademark Law
Treaty (October 7, 1999).
Nairobi Treaty
on the Protection of the Olympic Symbol (October 1, 1982).
Convention for
the Protection of Producers of Phonograms Against Unauthorized Duplication of
Their Phonograms (April 23, 1978).
Berne
Convention for the Protection of Literary and Artistic Works (June 7, 1977).
Strasbourg
Agreement Concerning the International Patent Classification (October 17, 1975).
Convention
Establishing the World Intellectual Property Organization (April 21, 1975).
Hague Agreement
Concerning the International Registration of Industrial Designs (July 1, 1952).
Madrid
Agreement Concerning the International Registration of Marks (July 1, 1952).
Madrid
Agreement for the Repression of False or Deceptive Indications of Source on
Goods (July 1, 1952).
Paris
Convention for the Protection of Industrial Property (July 1, 1951).
Commercial Registry Administration Ministry of
Trade and Industry Trademarks Office
4
Nasr Road, Makram Ebied st., Cairo ,Egypt
Tel
+ 20 2 67 20 45 2
Fax
+ 20 2 67 20 45 3
Mail
inquiry@mfti.gov.eg
www.mfti.gov.eg
Egypt
has become a member of the Madrid Agreement Concerning the International
Registration of Marks. Regarding the classification Egypt has joined
International Classification of Goods and Services for the Purposes of the
Registration of Marks under the Nice Agreement is followed in Egypt.
Trademark Requirements:
1-
A Power of attorney duly legalized up to the
Egyptian Consulate.
2- A
Legalized copy of the certificate of Incorporation or an extract from the
Commercial Register.
3- A
certified copy of the priority document in case of claiming priority.
Accordingly,
the power of attorney and Certificate of incorporation can be filed within 6-months
from the date of filing (strictly non-extendable).
The priority document should be submitted within three months from the filing
date.
It
is permitted under the above jurisdiction to claim the goods in the class
heading for registration purposes. It is also permitted to assign the title of
one Class as goods according Trademarks law no. 82 of 2002. Also, please be
advised that it is possible to claim all goods or services in a certain class.
As
per the Egyptian local laws and regulations we have to submit the required document(s)
along with its Official translation in order to be accepted before the
concerned authority.
Time Frame:
The
expected time frame from filing a trademark application up to registration in
the normal course of action is from 14 to 16 months.
Renewal of Trademark/Service Mark Registrations:
1- A
Power of Attorney legalized up to the Egyptian Consulate, if we do not
previously possess one.
2- The
number and date of the registered trademark/service mark.
A
grace period of a lapsed trademark is applicable within 3-years from the
expiry date.
Recordal of Change of name requirements:
1- A
Power of attorney duly legalized up to the Egyptian Consulate.
2- A Certificate
of change of name duly legalized up to the Egyptian Consulate.
3- List
of trademarks concerned.
Recordal of Change of address requirements:
1- A
Power of attorney duly legalized up to the Egyptian Consulate.
2- A Certificate
of change of address duly legalized up to the Egyptian Consulate.
3- List
of trademarks concerned.
Recordal of Assignment requirements:
1- A Power
of attorney signed and sealed by the assignee duly legalized up to the Egyptian
Consulate.
2- A Deed
of assignment duly legalized up to the Egyptian Consulate.
3- A Certified
copy of the extract from the commercial register or certificate of
incorporation duly legalized up to the Egyptian Consulate.
Trademark procedures in Egypt:
Once
an application is filed it will be obtained a filing number and date on the
same day of submitting the application and an official filing receipt will be
issued as well.
During
the examination process the trademark application will undergo a formal
examination and substantial examination which will be subject to acceptance decision
or conditional acceptance decision or it might be refused on the basis of non-distinctiveness
or prior protected rights.
The
applicant)s) have the right to file a
counter-statement against the registrar’s conditional decision or against the provisional
refusal decision to the appeals committee within 30 days from registrar’s
decision. In case the examiner has accepted the application unconditionally or
after complying with the Examiner’s condition the trademark application will be
published in the Official Trademark Gazette for opposition purpose.
In
the absence of oppositions by any beneficiary party within 2-months from the
publication date the registration certificate of the mark will be due for
issuance.
Renewal
of a trademark registration can be effected with the last 6-months from the
expiry date of the protection period. A grace period of six months is given
with a fine.
In Egypt, once the patent application is filed, it is examined with respect to compliance with the formalities and patentability provided for under the patent law in Egypt. The Patent Office may require whatever amendments may be necessary to bring the application into conformity with the law.
The
patent application takes an average of 3 years from the filing date of the
patent application to mature into a granted patent. Annuities are to be paid
every year as of the filing date of the application even before the patent is
granted. However, according to the current patent law, there is a one-year
grace period from the due date with a late fine to settle payment of the
annuity.
Validity Term:
A Non-
PCT patent application is valid for 20 years starting from the date of filing
the application. Annuities should be paid until the expiry of the patent
protection period.
Under
the Patent Cooperation Treaty (PCT), a patent is valid for 20 years starting
from the international filing date of the application. Annuities should be paid
until the expiry of the patent protection period.
Non-PCT applications annuities:
Annuity
fees. Annuities are to be paid counting from the national filing date. A one-year
grace period with a fine is allowed for late payment of the annuity.
PCT Applications annuities:
Annuities
are to be paid counting from the international filing date. A one-year grace
period with a fine is allowed for late payment of the annuity.
Patent requirements:
1- A
Power of Attorney duly notarized and legalized up to the Egyptian consulate located
at the applicant’s origin Country (must be available within 4-months calculated
from the filing date to avoid irrevocable lapse of the application).
2- A
deed of assignment duly notarized and legalized up to the Egyptian consulate
located at the applicant’s origin Country (must be available within 4 months
calculated from the filing date to avoid irrevocable lapse of the application).
3- An
Extract from commercial register or certificate of incorporation of the
applicant company duly notarized and legalized up to the Egyptian consulate at
located at the applicant’s origin Country (must be available within 4 months
calculated from the filing date to avoid irrevocable lapse of the application).
4- A
certified copy of the priority document in case its requested (must be
available within 3 months calculated from the filing date to avoid irrevocable
lapse of the application).
5- The name, nationality, address and the
profession of the applicant(s) and the inventor (s).
6- The English version of the full specifications
must be available at the time of filing (the Arabic version must be filed
within 6-months).
7- A summary of invention, i.e., Abstract and the
title of invention, both Arabic and English forms must be submitted at the time
of filing (about 100 word)
8- One set of the formal drawings (if available).
Notes:
·
Requirements No. 1, 2, and 4 must be available
within 4-months from the filing date; otherwise, the application will lapse
irrevocably, and the specification in English Version must be filed with the
application. The Arabic translation must be submitted within 6 months.
·
Also, the priority document must be filed
within 3 months from the filing date to preserve priority rights.
·
For PCT applications, items 2, 3 and 4 are not
required.
Recordal of change of name for a patent:
1- A Power
of attorney duly legalized up to the Egyptian Consulate in the new name of the
applicant.
2- A Certificate
of change of name duly legalized up to the Egyptian Consulate.
Recordal of Merger for a patent application:
1-
A Power of attorney signed
and sealed by the assignee duly legalized up to the Egyptian Consulate.
2-
A Deed of merger duly
legalized up to the Egyptian Consulate.
3- A Certified copy of the extract from the commercial register or certificate of incorporation of the assignee duly legalized up to the Egyptian Consulate.
PCT requirement:
Filing Requirements for a Patent Application:
1- Power
of attorney, legalized up to an Egyptian consulate abroad.
2- Copy
of PCT Request.
3- Copy
of International Publication.
4- Copy
of International Search Report.
5- Copy
of International Preliminary Examination Report (if available).
Documents
3-5 must be submitted at the time of filing. Documents 1 may be submitted
within 4 months from filing date.
Industrial
Designs and industrial models are protected in Egypt through registration before
the competent office. The International Classification for Industrial Designs
under the Locarno Agreement is implemented in Egypt. A registration is
effective with novelty examination.
Filing Requirements:
1- A
power of attorney legalized up to the Egyptian Consulate, which must be
submitted with the filing application.
2- A
deed of assignment from the designer (s), duly legalized up to the Egyptian
Consulate.
3- Four
copies of the drawing of design.
4- Summary
description of the design.
5- A
certified copy of the priority document for a convention application in case it
is claimed.
6- Certificate
of Incorporation or an extract from the Commercial Register of the applicant
company, duly legalized up to an Egyptian consulate abroad.
Notes:
-
Industrial Designs registration in Egypt is
valid for 10-years starting from the date of filing the application. A
registration can be renewed once for further 5-years. There are no provisions
for payment of annuities in relation to Designs in Egypt. Accordingly, the
overall validity is 15-years, in this respect the design becomes a public
property and if the owner wants to enjoy the protection of the design again,
they have to file a new registration application but with addition of new
distinctive elements which will rendered it distinctive and different from the
previous one.
-
Any infringement or unauthorized use of a
registered design or industrial model is punishable under the current law.
-
The Trade Registry Department may, when public
interest so requires and subject to the approval of a ministerial committee
established by a decision of the Prime Minister upon submission of the
competent minister, issue an exclusive license for the exploitation of the
protected industrial design against fair competition.
-
Several designs can be filed in one application
provided that all relates to the same.
In
Egypt, original works of literature, art and science, regardless of type,
importance or purpose are protected in Egypt as per Law No. 82 of 2002. This
includes works of art expressed in writing, sound, drawings, photography and
motion pictures, such as books, writings, speeches, oral works, plays, dramatic
works, musical compositions, films, phonographic works, applied art, 3-D works,
computer programs and national folklore. Such works are protected for the
lifetime of the author plus 50 years following his/her death. The law also
provides protection for related rights, including rights of performers,
producers of phonograms and broadcasting organizations.
In
order for protection to be effective, the work of art is to be original and includes
personal efforts, innovation and new arrangement.
The
Cultural Affairs' Supreme Council at the Ministry of Culture reserves the right
to allow publication of the work of art for documentary, transitional,
educational, cultural or scientific uses under certain conditions.
Filing Requirements for Arabic application:
1- A Power
of attorney duly legalized up to an Egyptian consulate abroad.
2- A Certificate
of registration of the Artwork in any country.
3- Two
copies of the work.
Filing Requirements In case the artwork is originally in English:
1- A
power of attorney duly legalized up to an Egyptian consulate abroad.
2- A
copy of the Artwork and detailed data of the author and publisher (full name
and address).
3- Contact
details: stamped and mentioning the name of the person and his/her title.
4- Eleven
copies of the work.