table of contents
Basic Information
Egypt is a country located in the Middle East and Africa region with an area of approximately 1 million square kilometers (approximately 2.7 times that of Japan) and a population of 102.33 million people (source: World Bank 2020).
Egypt's main industries are manufacturing (16%), retail/wholesale (14%), agriculture, forestry and fisheries (11%), and real estate (10%). Egypt has an economic structure that compensates for trade deficits through foreign currency remittances from migrant workers, tourism, canal tolls, and investment.
The traditional economic structure mentioned above collapsed due to the political change in 2011, and foreign exchange reserves were halved in two years after the political change, but foreign exchange reserves had recovered by 2018.
The currencies of Egypt are the Egyptian Pound (LE) and the Piastres (PT). (LE1=100PT)
(From the Ministry of Foreign Affairs website)
Patents and utility models are under the jurisdiction of the Egyptian Patent Office, and designs and trademarks are under the jurisdiction of the Egyptian Marks Registry. The Egyptian Patent Office was the first in the African, Arab and Middle Eastern regions to be designated as an International Searching Authority/International Preliminary Examining Authority (ISA/IPEA).
Intellectual Property Law (Law No. 2002 of 82)
The Intellectual Property Law (Law No. 2002 of 6), enacted in June 2002, consists of the following four parts: (From the JETRO homepage; Last updated: April 82, 4)
1. Patents, utility model rights, integrated circuit designs, non-public information and data.
2. Trademark rights, geographical indications, design rights.
3. Copyright and related rights.
Four. plant varieties.
The law is compliant with the TRIPS Agreement. A first-to-file system is adopted, and there are also penalty provisions.
The protection period for each intellectual property is as follows.
- Patent right: 20 years from the filing date
- Utility model right: 7 years
- Integrated circuit design: 10 years
- Trade secrets: information submitted to the competent authority
- Design right: 10 years from the filing date
- Trademark rights: 10 years from the date of registration (renewable)
- Copyright: From the time of creation to 50 years (one year) after the death of the author.
- Plant variety: 20 or 25 years from the date of authorization
Statistical data on the number of applications and registrations
| Number of applications | XNUMX | XNUMX | XNUMX | XNUMX | |
| Patent | Total number [items] | 2,255 | 2,183 | 2,207 | 2,224 |
| Foreign applications [cases] | 1,258 | 1,156 | 1,229 | 1,343 | |
| From Japan [items] | 120 | 87 | 97 | 55 | |
| PCT [items] | 1,226 | 1,123 | 1,199 | 1,313 | |
| utility model | Total number [items] | 8 | |||
| Foreign applications [cases] | 1 | ||||
| design | Total number [items] | 2,009 | 1,999 | 181 | 212 |
| Foreign applications [cases] | 341 | 279 | 180 | 212 | |
| From Japan [items] | 25 | 25 | 3 | 11 | |
| 商標 | Total number [items] | 24,546 | 26,130 | 4,010 | 4,415 |
| Foreign applications [cases] | 8,319 | 8,243 | 4,009 | 4,414 | |
| From Japan [items] | 216 | 214 | 88 | 82 | |
| Number of registrations | XNUMX | XNUMX | XNUMX | XNUMX | |
| Patent | Total number [items] | 690 | 747 | 495 | 508 |
| Foreign applications [cases] | 530 | 747 | 430 | 445 | |
| From Japan [items] | 68 | 23 | 51 | ||
| PCT [items] | 524 | 562 | 404 | 428 | |
| utility model | Total number [items] | 8 | |||
| Foreign applications [cases] | 3 | ||||
| design | Total number [items] | 1,183 | 973 | 193 | 173 |
| Foreign applications [cases] | 258 | 312 | 192 | 173 | |
| From Japan [items] | 28 | 25 | 3 | 3 | |
| 商標 | Total number [items] | 12,271 | 14,295 | 4,726 | 4,848 |
| Foreign applications [cases] | 6,829 | 8,068 | 4,726 | 4,847 | |
| From Japan [items] | 209 | 231 | 120 | 93 | |
(Source: WIPO IP Statistics)
patent system
Below is a brief introduction to the Egyptian patent system.
Application route
In addition to applying directly, you can also use the Paris route or the PCT route.
What is not protected?
The following are not subject to protection under patent law:
- ① Inventions whose use may be detrimental to public order and morals, or inventions that cause damage to the environment, the life and health of people, animals, or plants.
- ②Discoveries, scientific theories, mathematical methods, programs and plans
- ③Diagnostic, therapeutic and surgical methods for humans and animals
- ④ Plants and animals (excluding microorganisms), whether rare or unique, and, in principle, biological processes for producing plants or animals (non-living processes for producing plants or animals) (excluding biological and microbiological processes)
- ⑤ Organs, tissues, living cells, natural biological substances, nucleic acids, and genomes
inventor
The invention belongs to the inventor.
When filing an application, the inventor's name and nationality are required to be indicated. In the case of PCT applications, this must be submitted at the latest upon entry into the national phase.
In addition, if the invention is made as part of the activities of a public or private institution to which the inventor is affiliated, the employer must either practice the invention or pay the inventor a fair remuneration and obtain a patent. , one must be selected. This election must be made within three months from the date of notification of grant.
Examination system
Although no special form is required for requesting substantive examination, substantive examination will not be conducted unless the examination fee is paid in full. The matters to be examined are the novelty, inventive step, and industrial applicability of the invention, as well as whether it complies with the provisions of the law.
Duration
The term of patent rights in Egypt is 20 years from the filing date.
The term of Egyptian patent rights related to PCT applications is 20 years from the international filing date. The pension calculation date is also the international filing date (announced on June 6, 2009).
If the application concerns an invention related to biological materials such as plants or animals, traditional medicine, agriculture, industrial or craft knowledge, or cultural or environmental heritage.
The inventor shall attach an oath certifying the source from which the material was obtained and that it has been used in a legitimate manner in accordance with the provisions of national law.
If the application concerns an invention regarding biological materials
The applicant shall disclose the biological material so that its nature, characteristics and uses may be specified, deposit the biological specimen with a research institution recognized by decision of the Minister responsible for scientific research, and provide documentation that the deposit has been made. Certificate must be submitted.
Disclosure of information from earlier applications
If the applicant has filed a foreign application for the same invention, the applicant must submit this information.
utility model
Applicants can choose whether to file a utility model or patent application when entering the national phase of a PCT application. The selection is made by filling in the corresponding checkbox on the national phase entry form.
Amendment of application
If the applicant is requested to make amendments by the national office, the application will be deemed to have been withdrawn if the applicant does not make the amendments within three months from the notification. A request for a trial can be filed within 30 days from the notification of the decision to withdraw the application.
In addition, the applicant may supplement or amend the application before the application is published. provided, however, that the scope of the subject matter of the invention is not expanded.
Furthermore, since there is no system equivalent to Japan's correction trial system, in principle, it is not possible to amend the application after the above-mentioned permission announcement has been made.
Japan-Egypt Patent Prosecution Highway (PPH)
The Patent Prosecution Highway Pilot Program between the Japan Patent Office and the Egyptian Patent Office ended on May 2020, 5, but from June 31, 2020, "PPH-MOTTAINAI" and "PCT-PPH" In addition, a new Patent Prosecution Highway Pilot Program has been launched.
The scheduled end date of the new Patent Prosecution Highway Pilot Program mentioned above is May 2023, 5.
By using the Patent Prosecution Highway Trial Program mentioned above, it will be possible to quickly obtain patent rights in Egypt based on Japanese patents.
In addition, "PPH-MOTTAINAI" makes it possible to apply for accelerated examination using PPH between Japan and Egypt, regardless of which office the patent application was first filed with.
Furthermore, by using "PCT-PPH", PPH can be calculated based on the international phase products of the PCT application (written opinion prepared by the International Searching Authority, written opinion prepared by the International Preliminary Examining Authority, and international preliminary examination report). It will be possible to apply for accelerated examination using this method.
Requirements for entering the national phase of a PCT application
In order to enter the Egyptian national phase with a PCT application, the following must be kept in mind:
| Period during which you can migrate | 30 months from the priority date (extension possible up to 33 months. However, extension fees will apply) |
| language of translation | Arabic |
| Documents to be submitted | ① If the inventor's name and address are not stated in the international application, the inventor's name and address ② Three translations of the international application (specification, claims, explanations in drawings, abstract) *③ If there is a change in the name or ownership of the applicant after the international filing date, but the change is not reflected in the notification from the International Bureau (Form PCT/IB/306), the change in ④ If the applicant changes after the international filing date, the certificate of assignment of the international application ⑤ If the applicant does not reside in Egypt, the appointment of a representative |
| Deadline for submitting translations of domestic applications | 6 months from the date of notification by the national office |
| Person who can act as an agent | Patent attorney or patent agent registered with the national office |
*In cases based on PCT Article 22, a translation of both the originally submitted and amended claims and the explanatory statement pursuant to Article 19 is required. In cases based on PCT Article 39(1), if any document is amended, translations of both the originally submitted document and the document amended by the annexes to the international preliminary examination report are required.
design system
Application route
Applications can be made via the Paris route or the Hagroot route.
Application language
Arabic
Protection target
A combination of lines or solids, regardless of whether they are colored or not. However, the combination or shape is limited to those that give a novel and special appearance and are industrially usable.
Multiple designs per application system
We are hiring. An application may contain up to 50 designs, but all of these designs must be a cohesive unit.
Documents required for application
① Four copies of each design; however, if it is possible to preserve it, an actual sample of the design intended may be submitted.
(2) If the applicant is a legal entity, the application for registration shall be accompanied by a copy of the relevant page of the Commercial Register in which the legal entity is recorded, an official copy of the articles of association, or a copy of the articles of association.
(132) When filing an application under Article 6 of these Regulations, a copy of the design deposited with the registration application filed abroad shall be attached to the application. Such a copy shall be certified by the foreign industrial property authority concerned and filed with the application, or upon written request by such person, submitted to the design authority within a period not exceeding six months from the date of filing of the application. It must be submitted. The applied design must be the same as the design deposited abroad.
④ In the case of exhibition at an exhibition, if the registration application includes a priority right, a temporary protection certificate shall be attached.
Application publication
There is no application publication system. However, if the formal requirements are met, it will be announced (published) in the gazette.
Objection system
Interested parties may file an opposition within 60 days from the date of publication of the application.
Examination
There is no review request system.
There is no priority examination system or accelerated examination system.
Reason for non-registration
② Designs that include coats of arms, religious symbols, flags or seals of Egypt or other countries, or whose use would be contrary to public order and morals
③ Designs that are identical, similar, or extremely similar to registered trademarks or well-known marks
Invalidation trial system
There is no invalidation trial system. However, invalidation can be challenged in court.
Duration of design right
10 years from the filing date. It can be extended for 5 years by renewal. Maximum 15 years.
trademark system
Application route
Applications can be made via the Paris route or the Madpro route.
Application language
Arabic
Type of trademark
Word trademarks, figure trademarks, symbol trademarks, combination trademarks, color trademarks
Protection target
Goods, services, standard trademarks (certification trademarks)
Trademark classification
Adopts international classification (Nice classification)
One application multiple classification system
Although the law introduces a single-application, multiple-class system, the Trademark Office requires separate applications for each class.
Documents required for application
① Four copies of the image of the mark, which shall be the same as the image of the mark on the registration application form.
②The applicant's full name, family status, nationality, address for service, and selected address in the Arab Republic of Egypt (if any). If the applicant is a corporation, the name of the corporation and address for service. If the application is filed through an agent, name, address and certified power of attorney;
③Marks related to registration applications
④Indication of the product related to the mark registration application and number of the class to which the product belongs
(5) The place of the commercial enterprise or development project in respect of which the mark is or will be used to distinguish the product;
⑥ If priority is claimed, documents proving that the applicant has registered the application with a country or organization that is a member of the World Trade Organization or has mutual relations with Egypt.
⑦Documents issued to secure temporary protection of the mark (if any). If provided in a foreign language, the documents referred to in this article shall be accompanied by an Arabic translation.
Application publication
If the application is approved, the application will be published in the Trademark Bulletin for opposition after the publication fee has been paid.
Objection system
Interested parties may file an objection within 60 days from the date of publication.
An applicant who receives a certified copy of the opposition from the Registrar is required to submit a counter-statement to the Registrar within 30 days of receipt.
If the applicant fails to file a counter-statement, the application shall be deemed to have been withdrawn.
Examination
A formal examination and a substantive examination will be conducted.
Reason for non-registration
- ① Marks that lack distinctive characteristics or are a combination of customary signs or descriptions for products or general designs or images.
- ②Marks that violate public order and morals.
- ③ Official emblems, flags and other emblems of the state or other countries, regions or international organizations, and imitations thereof.
- ④ Marks that are the same as or similar to symbols of religious character.
- ⑤Emblem of the Red Cross or Shingetsusha, or other emblems with the same characteristics, and imitations thereof.
- ⑥ Portraits or emblems of individuals without their consent.
- (7) Titles of honorary degrees for which the applicant cannot prove his or her rights.
- ⑧ Marks and geographical indications that are likely to mislead or confuse the public; marks that contain false statements regarding the country of origin of products or other qualities of goods and services; and Geographical indications and signs that contain forged, imitated or false indications of trademarks.
Invalidation trial system
There is no invalidation trial system. However, interested parties may appeal to the court for invalidation.
Is there a non-use cancellation system?
If it is not used continuously for 5 years, it will be subject to non-use cancellation.
Duration of trademark rights
The term is 10 years from the filing date (can be renewed every 10 years).
links
Egyptian Patent Office (English available)
WIPO＜http://www.wipo.int/portal/index.html.en＞
Reference materials/sites
PCT applicant guide (obtained from WIPO homepage)
JETRO Japan External Trade Organization (JETRO) Home Page