Egypt

General Information

• Capital: Cairo
• Population: 60.3 million
• Area: 1 001 450 km2
• Languages: Arabic – official language. French, English
• Exports: Crude oil and petroleum products; cotton yarn; raw cotton; textiles; metal products; chemicals
• Imports: Machinery and equipment; food; fertilisers; wood products; durable consumer goods; capital goods
• Currency: Egyptian Pound

Trade Marks

International Conventions

WIPO, WTO, Trade Mark Law Treaty, Madrid Agreement, Nairobi Treaty, Berne Union, Phonograms Convention, Hague Union.

Requirements for Application

(a) Power of attorney (in English and Arabic or French and Arabic), legalised up to Egyptian consular level;
(b) If applicant is a company, a certified copy of the certificate of incorporation, legalised up to Egyptian consular level; and
(c) Ten prints and a printing block of the trade mark – word and device marks.

Classification

Internationals classification of goods and services. A separate application is required for each class.

Procedure

Applications are examined as to inherent registrability and conflict with prior registrations and/or applications.

Opposition

Opposition may be lodged within sixty days following advertisement of the trade mark application. Extension of the opposition period is not possible.

Use

Mark may be removed from the register on application of any interested party on proof that no use has been made of the mark during five consecutive years.

Duration and Renewal

A trade mark registration is effective for an initial period of ten years and thereafter, renewable for like periods.

Licensing/Registered Users

Licensing is recognised. Recordation is required in order to be effective against third parties.

Requirements

(a) License agreement, legalised up to Egyptian consular level;
(b) Power of attorney from the proprietor, legalised up to Egyptian consular level;
(c) Power of attorney from the licensee, legalised up to Egyptian consular level;
(d) Copy of the certificate of incorporation of the licensee, legalised up to Egyptian consular level.

Assignments

Assignments are possible and may only be made with the goodwill of the business. Recordation is required.

Requirements

(a) Deed of assignment, legalised up to Egyptian consular level;
(b) Power of attorney from the assignee, legalised up to Egyptian consular level;
(c) If assignee is a company, a certified extract from the commercial register or the certificate of incorporation, legalised up to Egyptian consular level.

Marking of Goods

Notice of registration by use of the legend ‘Registered Trade Mark’ or suitable abbreviation (eg. ‘Regd. Tm.’) or symbol ® optional.

Imported products must be labelled (or if this is not possible, the containers or external packing) in Arabic with the name of the manufacturer, the place of origin and/or product description. Many goods require special markings. It is the responsibility of the importer to affix the required label. 

Patents

General

Patent protection is obtainable via a national filing. Egypt is a member of the International Convention, PCT, WTO and TRIPS.

Patentable Subject Matter

An invention must be industrially applicable, novel and involve an inventive step.

The following are not patentable:

inventions prejudicial to national security, or which may result in breach of public order or morals or seriously damage the environment or the life or health of humans, animals or plants;
inventions relating to a scientific theory, discovery, mathematical method, program and layouts;
diagnosis, therapeutic and surgical methods for man or animal;
plants and animals, biological processes for the production of plants or animals, with the exception of micro-organisms and the non-biological and microbiological processes for the production of plants or animals;
living organisms, tissues, cells, natural biological materials, deoxyribonucleic acids (DNA) and genomes. 

Filing Requirements

Legalization of certain documents up to Egyptian Consular level is required. A specification in English or French is needed for preparing an Arabic translation.

Novelty

Novelty is destroyed by public use or exploitation in Egypt or abroad or if a description has been disclosed to the extent that those skilled in the art are enabled to use the invention. A disclosure at a national or international exhibition in the 6 months before filing is excused.

Examination

Examination is conducted in order to verify that the invention is novel, involves an inventive step and is industrially applicable.

Duration/Maintenance

The term is twenty years from the date of filing in Egypt (even for PCT national phase applications) subject to payment of annual maintenance fees as from the first anniversary of filing in Egypt. A 12 month grace period is available.

Working

If the patent has not been sufficiently exploited after four years from the date of filing, or three years from the date of grant, whichever is the longer, and also if the patentee ceases the exploitation of the invention, without any acceptable reason, for a period exceeding one year, the Patent Office, after approval by a Ministerial Committee, shall grant compulsory licences for the exploitation of the invention. There are also other provisions providing for compulsory licences under various conditions.

Licences/Assignments

In order to be valid against third parties, Licences and Assignments must be recorded.