LAWS
Constitution of the Arab Republic of Egypt 2014 (2014)
MAIN 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)
TREATY MEMBERSHIP
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
Trademark Requirements:
A power of attorney duly legalized up to the Egyptian Consulate.
A simple copy of the certificate of Incorporation or an extract from the Commercial Register.
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 (non-extendable). The priority document should be submitted within three months from the filing date.
It is possible 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. In other words, it is possible to claim all goods or services in a certain class.
Time frame from filing a trademark application up to registration, on average, in the normal course of action; i.e. in case that no office action is raised by the trademark registrar or oppositions are lodged by third parties:
Filing up to Examination : 8-10 Months
Examination up to Publication : 1-2 Month from the time of acceptance
Opposition Period : 60 days from the publication date
End of Opposition Period up to Issuance of Registration Certificate : Within 2 Months
Total Estimated Time Frame : 12-15 Months
Renewal of Trademark/Service Mark Registrations
A Power of Attorney legalized up to the Egyptian Consulate, if we do not previously possess one.
The number and date of the registered trademark/service mark.
Restoration of a lapsed trademark is applicable within three years from the expiry date.
Time frame from filing a trademark renewal application up till issuance of the renewal certificate:
Filing up to Examination : 4-5 Months
Examination up to Publication if exits : 1-2 Month from the time of acceptance
Publication to Issuance of Renewal Certificate : Within 7 days form requesting issuance of the certificate
Total Estimated Time Frame : 6-7 Months
Change of name requirements:
Power of attorney duly legalized up to the Egyptian Consulate.
Certificate of change of name duly legalized up to the Egyptian Consulate.
List of trademarks concerned.
Change of address requirements:
Power of attorney duly legalized up to the Egyptian Consulate.
Certificate of change of address duly legalized up to the Egyptian Consulate.
List of trademarks concerned.
Time frame needed for completing a change of name and/or address recordal:
Filing up to Examination : 9-12 Months
Examination up to Publication if exits : 1-2 Months
Publication to Issuance of Certificate of change and/or name Recordal : Within 7 days form requesting issuance of the certificate
Total Estimated Time Frame : 10-14 Months
Assignment requirements:
Power of attorney signed and sealed by the assignee duly legalized up to the Egyptian Consulate.
Deed of assignment duly legalized up to the Egyptian Consulate.
Certified copy of the extract from the commercial register or certificate of incorporation duly legalized up to the Egyptian Consulate.
Time frame needed for completing the recordal of an assignment/merger recordal:
Filing up to Examination : 9-12 Months
Examination up to Publication :1-2 Months
Publication to Issuance of Certificate Recordal : Within 7 days form requesting issuance of the certificate
Total Estimated Time Frame : 10-14 Months
Trademark procedures in Egypt:
Once an application is filed it will be allotted filing number and ate on the same day of submitting the application and an official filing receipt will be issued as well.
Within six to 12 months the trademark application will undergo substantial examination which will be subject to acceptance absolutely or conditional acceptance or otherwise it might be refused on the basis of prior rights or non-distinctiveness.
The applicant will be entitled to file an appeal against the registrar’s conditional decision to the appeals committee attached to the trademark office within 30 days from registrar’s decision.
If accepted unconditionally or after complying with the Examiner’s condition the trademark application will be advertised in the Trademark Journal.
In the absence of oppositions by third parties within two 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 six months from the expiry date of the protection period. A grace period of six months is given with a fine.
Patent requirements:
A power of attorney duly legalized up to the Egyptian Consulate (can be filed within 4 months from filing date).
A deed of assignment from the inventor to the applicant legalized up to the Egyptian Consulate in case the applicant is not the inventor.
The name, address, nationality and profession or nature of business of the applicant(s) and the inventor(s).
A copy of the certificate of incorporation of the applicant or extract of the entry of the applicant company in the commercial register duly legalized up to the Egyptian Consulate (can be filed within 4 months from filing date).
A certified copy of the priority document (can be filed within 3 months from filing date).
A summary of the invention (abstract) in English and Arabic (about 100 words).
Three copies of specifications, claims and engineering drawings in English and Arabic which should be subdivided as follows:
Prior art,
Drawbacks of the prior art,
c. What is new about the invention (improvements),
d. Detailed description,
e. Mode of exploitation of the invention.
Notes:
Items 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 or French must be filed with the application. The Arabic translation must be submitted within 6 months. On the other hand, the priority
document must be filed within 3 months from the filing date to preserve priority rights.
Item 8 must be filed within 3 months from the filing date.
For PCT applications, items 2, 4 and 5 are not required.
Patent/ change of name:
Power of attorney duly legalized up to the Egyptian Consulate in the new name of the applicant.
Certificate of change of name duly legalized up to the Egyptian Consulate.
Patent/ Merger:
Power of attorney signed and sealed by the assignee duly legalized up to the Egyptian Consulate.
Deed of merger duly legalized up to the Egyptian Consulate.
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
Power of attorney, legalized up to an Egyptian consulate abroad.
Certificate of incorporation, legalized up to an Egyptian consulate abroad.
Copy of PCT Request.
Copy of International Publication.
Copy of International Search Report.
Copy of International Preliminary Examination Report (if available).
Documents 3-6 must be submitted at the time of filing. Documents 1 and 2 may be submitted within 4 months from filing date.
A power of attorney legalized up to the Egyptian Consulate, which must be submitted with the filing application.
A deed of assignment from the designer (s), duly legalized up to the Egyptian Consulate.
Four copies of the drawing of design.
Summary description of the design.
A certified copy of the priority document for a convention application in case it is claimed.
Certificate of Incorporation or an extract from the Commercial Register of the applicant company, duly legalized up to an Egyptian consulate abroad.
Several designs can be filed in on e application provided that all relates to the same.
According to the Egyptian regulations, late filing of the documents is possible for 1, 4 and 5, for an extra charge of US $ 35.00 per document; however, they must be available within 6 months from the filing date. Please be advised that if the documents were not available by the due date, the design application will lapse.
A design or an industrial model registration is valid for ten years starting from the date of filing the application. A registration can be renewed once for further five years. There are no provisions for payment of annuities in relation to Designs in Egypt.
When the overall period of 15 years is expired, 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.
In case the artwork is originally in Arabic:
A power of attorney duly legalized up to an Egyptian consulate abroad.
A certificate of registration of the Artwork in any country.
Two copies of the work.
In case the artwork is originally in English:
A power of attorney duly legalized up to an Egyptian consulate abroad.
A copy of the Artwork and detailed data of the author and publisher (full name and address).
Contact details: stamped and mentioning the name of the person and his/her title.
Eleven copies of the work.