# Presentation: 228354

## Accomplishments1996-2003

- Strengthening
- Intellectual
- Property
- Rights in
- Egypt

- Technical Assistance on
-      Intellectual
-          Property
-              Rights in
-                  Egypt

## Why a Project on Intellectual Property?

- Economic studies show IP is important to companies considering foreign direct investment
- Marks - build local brands, enter export market
- Fortune 500 co avg $10 million/year to protect marks
- Half value of successful co may be attributable to mark
- Geographical indications add value
- Patents, copyright, plant variety protection encourage domestic innovation
- Bad IP makes consumers reluctant to spend

## Why a Project on Intellectual Property?

- Egypt’s IP laws did not meet TRIPS requirements
- 1939 Trademark Law,1949 Patent Law
- No laws on plant varieties, newer forms of technology
- Egypt was on USTR Priority Watch List for failure to provide pharmaceutical product patents, widespread copyright infringement
- Significant losses to US business
- Significant losses to Egyptian economy

## Why a Project on Intellectual Property?

- Egypt lacked institutional capacity to meet increased demands
- Industrial property offices had insufficient resources – space, equipment, materials
- Industrial property office personnel had insufficient training for new responsibilities

## SIPRE Project 1996-2001

- Strengthening Intellectual Property Rights in Egypt
- 5-year, $5.8 million technical assistance project
- Primarily working with Patent, Trademark, and Industrial Designs Offices
- Goal: to improve protection of intellectual property in Egypt in order to bring Egypt's intellectual property protection into line with GATT standards and create a more positive environment for investment and domestic innovation

## SIPRE Project

- 7 Tasks:
- Planning
- Legal
- Modernization of IP offices
- Procurement
- Training
- Organization and management
- Public Advocacy

## TIPRE Project 2001-2003

- Technical Assistance on Intellectual Property Rights in Egypt
- 1-year, $1.4 million technical assistance project that builds on SIPRE TA
- Primarily working with Ministries of Supply and Internal Trade, Higher Education and Scientific Research
- Goal: establishment of a reliable IPR legal framework system that is compliant with WTO/TRIPS and creates a more positive environment for investment, trade, and innovation

## TIPRE Project

- Tasks:
- Continue IPR-related dialogue
- Promote public sector/private sector interaction on IPR
- Training

## Outcomes and Effects

- Stronger protection for intellectual property
- Better laws and procedures
- Studies on how to strengthen the IP offices
- Training
- Patents processed and trademarks registered more quickly
- Modern IPR data bases created and in use
- Seminars

## Legal/IPR Dialogue

- Drafting model provisions and reviewing statutory language for IP laws
- Drafting and reviewing language for regulations
- Preparing “guidelines” – administrative guidance on implementation of laws
- Drafting legal memoranda
- Conducting IPR Roundtable Discussions
- Supporting DSP measures

## Legal/IPR Dialogue - Objectives

- Laws and practices that are -
**TRIPS-consistent**
- Consistent with other agreements
- Reliable
- Consistent
- Transparent
- Customer-oriented
*An IP system that will promote economic growth*

## Legal/IPR Dialogue

- Specific legal concerns -
- Patents for pharmaceutical products
- Patent term short of 20-year norm
- Publication and examination of industrial designs
- Minor changes in trademark law
- Data exclusivity, exclusive marketing rights
- Protection of plants, integrated circuits, geographical indications
- Copyright enforcement, “false licensing”

## Legal/IPR Dialogue - Results

- IPR Code, Law No. 82/2002, accomplished -
- Patents for pharmaceutical products
- Patent term of 20 years from filing
- Publication and examination of industrial designs
- Trademark law changes – transfer of ownership
- Data exclusivity, exclusive marketing rights
- Protection of plants, integrated circuits, geographical indications

## Legal/IPR Dialogue - Results

- Membership in Patent Cooperation Treaty
- Implementing regulations - pending
- Guidelines
- Roundtable Discussions

## Legal/IPR Dialogue - Guidelines

- Patents –
- General Guidelines for Patent Examination
- Examination of Chemical and Pharmaceutical Products
- Guidelines on Confidentiality and Access (Patent Applications)
- Patent Cooperation Treaty
- Patent Enforcement Guidelines
- Guidelines for Examining for Inventive Step

## Legal/IPR Dialogue - Guidelines

- Trademarks –
- Notice on Trademark Application Elements
- Trademark Examination Guidelines
- Quick Reference Guide for Evaluating a Mark:
- Geographical Names
- Surnames
- Descriptiveness and Confusing Similarity
- Form paragraphs for examiners

## Legal/IPR Dialogue - Guidelines

- Guidelines on Undisclosed Information
- Guidelines on Industrial Designs
- TRIPS Contact Point Procedures, Complaint Form, and Processing Chart
- Geographical Indications

## Legal/IPR Dialogue – Roundtable Discussions

- Patents and Pharmaceuticals
- Compulsory Licenses
- TRIPS Agreement and the Doha Ministerial
- Copyright Protection for Traditional Culture: The Issues
- Scientific Research and Patents
- PCT

## Modernization of Industrial Property Offices - Objectives

- Introduce modern filing systems
- Improve reliability of records
- Improve accessibility of records
- Improve file security and provide for archival storage

## Modernization – Initial Situation

- Patent Office records –
- Egyptian patents in paper
- No file security, no archival storage, some patents missing because of fire
- Search facility crowded, records incomplete
- Some data on computer but computer was old, slow, running out of space on hard drive
- Employees crowded into rooms not suitable for professional work
- Limited office equipment

**Notes:**
maybe 15 people in one room

## Modernization – Initial Situation

- Trademark Office records
- Entirely in paper, deteriorating condition
- Search file missing documents
- Many missing files reported; no file security – public access to document and employee work space
- Reference materials missing pages
- Inadequate office equipment – limited equipment old, broken, documents processed by hand
- Inadequate resources – no paper, no forms
- Employees crowded into rooms not suitable for professional work
- Facility dusty, inadequately wired, water leaks, crowded, not suitable for electronic equipment

## Modernization - SIPRE Response

- Space needs study: optimum use of limited space
- Automation studies: plan for optimum use of electronic equipment
- Integrate purchases of electronic equipment with changes in physical plant, office layout, training

## Modernization - SIPRE Response

- Private work space for patent examiners, fewer workers in limited space for trademark, industrial designs
- New filing units to hold reference materials more securely and conveniently
- Cabinets to hold WIPO journals and the Trademark Office's deteriorating ledgers
- Enlarged automation area for Patent Office servers, CDs, secured documentation

## Architect’s drawings

## Modernization - Results

- Bright work spaces with enough privacy for examiners to concentrate
- Internet access in Patent Office
- Responded to documentation needs
- Issued patents now online, searchable

## Trademark Office files, 1996

**Notes:**
Trademark Office search index, 1996. The cabinets hold index cards like that shown.  The tattered volumes on top of the cabinets are ledgers recording the history of each mark.

## Trademark search index, 1996 The tattered volumes on top of the cabinets are ledgers with the history of each mark.

## Modernization

- Trademark Office search index card, 1996.

**Notes:**
Trademark Office search index, 1996. The cabinets hold index cards like that shown.  The tattered volumes on top of the cabinets are ledgers recording the history of each mark.

## Trademark Search Index, 1999 

## Trademark Search Index, 2003 

## Trademark Office, 2003

## Trademark Office files, 2003

## Trademark searching using SIPRE-provided trademark search software, 2003

## Industrial Designs files, 2003

## Industrial Designs Data Entry, 1999 

## Industrial Designs data entry, 2003

## Ground floor Public Service Center – Trademark, Designs  1999

## Modernization – Initial Situation

- Patent Office library, the main search facility for examiners, was dark and crowded before renovations, with documents reaching nearly to the ceiling.

## Patent Office Library, 2003

## Patent Office Library, 2003

## Patent Office Documentation, 2003

## Private work space for patent examiners, after renovations, 2003 

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- Private work space for patent examiners, after renovations, 2003

## Patent searching on internet, 2003

## Patent Office Legal Examination, 2003

## Patent Office Administration, 2003

## Patent Office Computer Center, including USPTO patent CDs, 2003

## Patent Office Computer Center, 2003

## Patent Office Computer Center, separate servers for confidential and public information, 2003

## Now possible to search Egyptian patents online and to file patent applications online:

- www.egypo.gov.eg

## Modernization – Some Good Decisions

- Initially located office with Trademark and Industrial Designs Office
- Employed local architect-engineer for space needs study

## Modernization – Some Good Decisions

- Carrels for patent examiners, designed to accommodate work stations
- Public Service Center on entry
- Glass-walled interview room

## Modernization – Some Good Decisions

- Rejected mini-computer in favor of PCs
- Subcontracted for specialized trademark search, data base management software
- Separate networks for issued patents (public) and pending applications

## Training - SIPRE

- Objective: train every employee with IP responsibilities
- Total persons who received training
- 221 on industrial property
- 30 in master’s level diploma program
- 48 training abroad
- 146 on computers/software
- 134 in English language
- 21 technical/scientific (electronics)

## Training - TIPRE

- Objective: complete training, train new employees
- Total persons who received training
- 113 on industrial property
- 25 training abroad
- 49 on computers/software
- 41 in English language
- 4 technical/scientific (biotech)

## Training

- Trademark Examination Course, Nathan Associates

## Training

- Trademark Examination Course – hands-on experience in USPTO

## Training

- Not included in our training numbers –
- Journalists - 59
- University faculty - 91
- University students – 520 completed
- Elementary school teachers – 235
- Elementary school students – 830
- Briefings
- Attendance at workshops

## Training – Results 

- More professional workforce in IP offices
- Better able to articulate basis for decisions
- Able to participate in WIPO training and international meetings
- More reliable examination
- More efficient in performing duties

## Training – Results 

- Employees able to make IP recommendations to GOE (PCT report)
- Reduced time to issue patent from 6 years to 3 years
- Reduced time to register mark from 4 years to 2.5 years
- Reduced time to register industrial design from 6.6 months to 1 day – but will climb with examination
- Intellectual property courses in universities

## Organization and Management - Objectives

- Objective and transparent examination
- Greater efficiency
- Better access to resources
- Establishment of institutions to comply with international obligations

## Organization and Management

- Conducted studies –
- Space needs, automation, filing systems, patent documentation, assuring adequate resources
- Provided support to GOE to implement recommendations

## Organization and Management

- Provided support to GOE to implement recommendations
- Acquired patent documentation
- Provided commodities – filing systems, computers, networks, lighting, carrels, etc.
- Brought in experts as needed
- Assistance with budget process

## Organization and Management - Results

- Greater resources for offices
- MOT not able to obtain permission to retain and spend income
- More efficient design/better workflow
- More efficient procedures
- More transparent procedures
- Archival filing
- Support for establishment of TRIPS Contact Point, Plant Variety Protection Office

## Public Advocacy/Public-Private Sector Dialogue - Objectives

- Promote support for an improved intellectual property system
- Elevate the level of IPR awareness, especially in the business community, to facilitate public opinion supportive of IPR protection

## Public Advocacy/Public-Private Sector Dialogue

- Mass media – television, radio, newspaper
- Sponsor seminars and workshops
- Expected economic benefits for Egypt
- Main event on new IPR Code
- IPR elements for businesspersons
- Work with NGOs to present seminars and workshops
- Public relations materials
- Continue education in universities

## Public Advocacy/Public-Private Sector Dialogue –  Educating the Media

- 6-day interactive workshop
- Attended by 59 journalists (television, radio, print)
- Opened by Minister, closed by Minister
- Addresses by Egyptian IPR stakeholders – software, entertainment, scientists, Government, pharmaceutical, agricultural, publishing industries, Islamic law specialist, *one* American IP expert

## Public Advocacy/Public-Private Sector Dialogue – Educating the Media

- Cosponsored by *Al Ahram*
- Open to all media – all points of view
- Condition for attendance – participants must agree to publish/air one piece on IPR within a month
*But no restrictions on content*

## Educating the Media – Minister of Supply and Internal Trade Dr. Hassan Khedr distributes certificates to participants

## Public Advocacy/Public-Private Sector Dialogue – Educating the Media - Results

- 18 television programs on IPR
- 2 radio programs on IPR
- 49 newspaper or magazine articles within first two weeks

## Public Advocacy/Public-Private Sector Dialogue – Educating the Media

- Initial questions: Why are developed countries forcing Egypt to adopt intellectual property
- Final questions: How can we make better use of IPR? Why has Government waited so long?
- Main comment: Nobody ever explained this to us before.
- Main result: Better informed and more favorable reporting.

## Public Advocacy/Public-Private Sector Dialogue – Educating the Media - Before

- “IPR Draft Law Does Not Protect Nor Encourage...” – El Waft newspaper, January 2002 (before TIPRE Educating the Media program)

## Public Advocacy/Public-Private Sector Dialogue – Educating the Media - Results

- “Intellectual Property Rights Are Important for E-Commerce” – Al Ahram, June 2002 (after TIPRE Educating the Media program)

## Public Advocacy/Public-Private Sector Dialogue – Educating the Media - Results

- Egyptian Gazette, December 2002 (after TIPRE Educating the Media program)

## Public Advocacy/Public-Private Sector Dialogue - Workshops 

- Agriculture
- Culture
- Education
- Health
- Higher Education
- Cabinet Information and Decision Support Center
- Scientific Research
- Supply and Internal Trade

## Public Advocacy/Public-Private Sector Dialogue - NGOs

- Workshops with NGOs:
- Intellectual Property Research Institute: Benefits of IPR for Businesspersons
- Mother and Baby Health Conference: IPR and Pharmaceuticals
- Al Azhar: IPR from Shariah Point of View
- Businessmen’s Association for Social Development: International IP Agreements and Their Impact on Society; Health and Intellectual Property
- Greater access to decision-makers

## Public-Private Dialogue

**Notes:**
TIPRE-arranged meeting between members of People’s Assembly, head of Academy for Scientific Research and Technology, members of the press

## Public Advocacy/Public-Private Sector Dialogue - Materials

- Video/public service announcement on copyright piracy
- Mouse pads with anti-infringement message
- Brochures for Patent, Trademark, and Industrial Designs Offices
- Magazine with *Al Ahram*
- Abridged version of IP book with *Al Ahram el Iktasadi *(circulation 70,000 businesspersons)

## Public Advocacy/Public-Private Sector Dialogue - Universities

- Provided IP courses in universities
- Book: *Intellectual Property: Principles and Practice*
- Developed curriculum and provided teaching materials

## Intellectual Property course at Cairo University Faculty of Law

## Award from Cairo University

## Al Ahram article on improvements in Egypt’s Patent Office

## Some Observations

- Local resource center for IP
- Source for treaties in Arabic
- Source for English translations of Egyptian legal materials
- Source for information on intellectual property practice
- Working to transition this to local entity

## Some Observations

- Incredible progress in IP Offices
- Employees are now much more professional
- IP offices are using automated systems
- Applications and registrations have increased
- Egypt is managing distance learning in Arabic for WIPO
- WIPO has named Egypt as regional patent office

## Some Observations

- Interest in IP by universities
- Press coverage
- Copyright enforcement has increased
- Piracy dropped from 90% to under 50%
- Likely Egypt will move from Priority Watch List to Watch List

## Next Steps

- Much progress, much effort still needed
- Industrial Designs examination is new
- Semiconductor, Geographical Indications new
- Plant variety office is new
- PCT will increase filings, stringent requirements on receiving offices
- Need for coordination with Commercial Registry – trade names vs. trade marks

## Next Steps

- At least two ministers have called for training of judges
- Copyright enforcement remains a concern
- Need for stronger consumer protection – training of inspectors