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Egypt |
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One of the four great ancient civilizations, Egypt, ruled by powerful pharaohs, bequeathed to Western civilization numerous advances in technology, science, and the arts. For the last two millennia, however, Egypt has served a series of foreign masters - Persians, Greeks, Romans, Byzantines, Arabs, Turks, and the British. Formal independence came in 1922, and the remnants of British control ended after World War II. The completion of the Aswan High Dam in 1981 altered the time-honored place of the Nile River in the agriculture and ecology of Egypt. A rapidly growing population will stress Egyptian society and resources as it enters the new millenium.
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Trademark
Period
A trademark registration is valid for a period of 10 years from date of filing.
Renewal
A trademark registration is renewable for a period of 10 years each. There is a three-month grace period for late renewal of a trademark.
Requirements:
Legalized Power of Attorney signed by the applicant, if we have not originally filed the application.
Classification
The international classification of goods and services is followed for the purpose of registration of marks.
A separate application is required for each class.
Color of the mark
When a trademark is registered without any statement as to the color in which it is to be used, it is deemed to be registered for all colors.
Filing Requirements:
- Power of Attorney legalized upto the Egyptian Consulate. General power will suffice for continuous applications.
- A Certificate of Incorporation that is legalized upto the Egyptian Consulate.
- Printing blocks.
- 10 prints (for each class)
- A Priority document, if priority is claimed, also legalized upto the Egyptian Consulate.
Search
An official search can be conducted for word marks and devices.
A separate application is required for search in each class.
Examination
Trademark applications are examined when they are filed with regard to their registrability.
The application might be rejected on the ground of missing requirement as provided for in the law. Similarity to any prior registration with similar name, class or goods, non-distinctiveness, and descriptiveness.
The application will be accepted with or without conditions or rejected by the Registrar.
Assignment Requirements
Requirements:
- Power of Attorney signed by the Assignee and legalized upto the Egyptian Consulate.
- A Deed of Assignment legalized upto the Egyptian Consulate.
- Certificate of Incorporation of the Assignee.
Change of Name/Address
Requirements:
A Certificate of the change of name or address that is legalized upto the Egyptian Consulate.
Recordal of License
Recordal of License is not Compulsory but recommended.
Requirements:
Trademarks/designs should be already registered.
1) TM registration number
2) Name of Licensor
3) Name of Licensee
4) Duration of contract
5) A License Agreement signed by both parties and legalized upto the Egyptian Consulate.
Use Requirements
Use of trademark is not compulsory for filing applications neither for registration nor for maintaining trademark registration in force. However, a trademark is vulnerable to cancellation by any interested party who can establish that the trademark was not used during the five years from its registration date. The cancellation will be based on a court decision.
Marking
Marking of registered goods is not compulsory. Possible marking: "Registered Trademark"
Cancellation
The Registration Office, as well as any person concerned, may request the courts to remove any trademark improperly registered, and the office will remove the mark on receipt of a final judgment to that effect.
Cancellation will be applicable at the Trademark Office on the basis of non-payment of renewal fees.
Abandonment
The Registration Office, as well as any person concerned, may request the courts to remove any trademark improperly registered, and the office will remove the mark on receipt of a final judgment to that effect.
Cancellation will be applicable at the Trademark Office on the basis of non-payment of the renewal fees.
Status of Unregistered Trademark
No person will be entitled to institute any proceeding to prevent or to recover damages for the infringement of an unregistered trademark, but nothing in the law is deemed to affect rights of action against any person for passing off goods as the goods of another person or the remedies in respect thereof.
Appeal
The applicant may appeal rejection of an application by the Office within 30 days of notification to an Appeal Committee appointed for this purpose, whose decision can only be protested in front of the Court within a period of 60 days from the date on which the person concerned was notified of the decision.
Opposition
TM applications accepted by the Registrar are published in the official gazette. There is a three-month period from the date of publication during which any interested party may file an opposition.
An opposition is filed before the Registrar by a patent attorney or by the applicant. The decision of the office in an opposition proceeding is subject to appeal to the court within a period of 10 days from the date of which the person concerned was notified of the decision.
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Patent
Types of Patents
- Patents of Invention
- Patents of addition
What cannot be patented?
Inventions that are contrary to law, public order or morality; foodstuffs, medicines or pharmaceutical preparations, microorganisms or varieties of plants.
N.B. Applications covering foodstuffs, medicines, pharmaceuticals, microorganisms, etc. are placed in a Mail Box for examination starting January 2005, when subject mater will be patentable in Egypt.
Period
A patent is valid for a period of 20 years from date of filing.
Examination: Patent applications are examined as to their content and novelty.
Annuities
Annuities are payable annually. There is a six-month grace period for late payment of annuities.
Filing requirements:
- Power of Attorney legalized upto the Egyptian Consulate.
- A Certificate of Incorporation legalized upto Egyptian Consulate.
- Two copies of the specifications in English or French with Arabic translation.
- Two sets of drawings with Arabic numerals
- An Assignment from the inventor(s) that has been legalized upto the Egyptian Consulate.
- Priority document, if priority is claimed
Assignment Requirements:
- Power of Attorney that is signed by both parties and legalized upto the Egyptian Consulate.
- A Deed of Assignment that is signed by both parties
- A Certificate of Incorporation of both parties that has been legalized upto the Egyptian Consulate.
Change of Name/Address
Requirements:
- Power of Attorney that is signed by both parties and legalized upto the Egyptian Consulate.
- A Certificate of the change of name or address and legalized upto the Egyptian Consulate.
Recordal of License
Requirements:
- Power of Attorney that is signed by both parties, legalized upto the Egyptian Consulate.
- A License Agreement that is signed by both parties and legalized upto the Egyptian Consulate.
- A Certificate of Incorporation of both parties and legalized upto the Egyptian Consulate.
Working
Working of a patent is required within three years from the date of grant and must not be discontinued for two successive years. Insufficient working within the prescribed period will be grounds for granting compulsory licenses.
Opposition
Approved patent applications are published in the Official Gazette. Any interested party may oppose the grant of a patent within two months from the date of publication.
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Design,
Model & Integrated Circle
Period
A design is valid for a period of 5 years from date of filing.
Examination
Design applications are examined as to their form only.
Filing requirements:
- Power of Attorney legalized upto the Egyptian Consulate.
- Certificate of Incorporation.
- Two representations.
- Priority document, if priority is claimed
- Description of the design.
Assignment Requirements:
- Power of Attorney that is signed by the Assignee and legalized upto the Egyptian Consulate.
- A Deed of Assignment signed by both parties and legalized upto the Egyptian Consulate.
- A Certificate of Incorporation that has been legalized upto the Egyptian Consulate.
License
Requirements:
- Power of Attorney that is signed by both parties and legalized upto the Egyptian Consulate.
- A License Agreement, signed by both parties and legalized upto the Egyptian Consulate.
- A Certificate of Incorporation that is legalized upto the Egyptian Consulate.
Change of Name/Address
Requirements:
- Power of Attorney that has been legalized upto the Egyptian Consulate.
- A Certificate of the change of name or address, and that is legalized upto the Egyptian Consulate.
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Copyrights
Supported Documents required:
1. A power of attorney legalized up to the Egyptian Consulate.
2. Filing the respective form for registration purposes.
3. A certificate indicating the registration of the work of art in any other
country and the registration data.
4. An original and two copies of the work of art.
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Litigation
No statutory law on designs is in force
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Arbitration & Mediation
No statutory law on designs is in force
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Domain Name
Supported Documents required:
1. A power of attorney, legalized up to the Egyptian Consulate.
2. The applicant should submit (by mail or fax) a letter requesting the domain names registration
and it must be on an official letterhead.
3. Applicant should submit a copy of its legal documents (e.g. Egyptian Commercial Registration, Egyptian trademark registrations, ...etc.). Accordingly, foreign corporations are allowed to register Egyptian domain names provided that their trademark is filed and registered in Egypt or if they can prove that they have legal existence in Egypt.
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Watch Services
No statutory law on designs is in force
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Unfair Competition
No statutory law on designs is in force
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G.C.C 
