RESTRICTEDWORLD TRADE
ORGANIZATIONIP/C/W/278
12 June 2001
(01-2912)
Council for Trade-Related Aspects
of Intellectual Property RightsOriginal:  English
REVIEW OF LEGISLATION
Responses from Egypt to the questions posed by Japan, Switzerland and the United States
By means of a communication from the Permanent Mission of Egypt dated 7 June 2001, the
Secretariat has received the following responses to  the questions posed by Japan, Switzerland and the
United States, as circulated in documents IP/C/W/258, 263 and 215, respectively.
_______________
JAPAN
A. COPYRIGHT AND RELATED RIGHTS
1. Please explain exceptions or exemptions of the National Treatment and Most-Favoured-
Nation Treatment under the Copyright and Nei ghbouring Rights Law, if any, as permitted in
Articles 3 and 4 of the TRIPS Agreement.
With respect to copyright and neighbouring rights, under the new IPR law any Egyptian
person (natural or legal), as well as foreigners who belong to a WTO Member State are eligible for
protection.
Regarding copyright, the protection is to be afforded to:
 1. Authors who are not nationals of a WTO Member state, for their works published in
one of the WTO Member states, or simultaneously in a state outside the WTO and in a
Member state.
 2. Authors of cinematographic work the maker of which has his headquarters or habitual
residence in one of the WTO Member states.
 3. Authors of works of architecture, erected in a WTO Member state or other artistic
works incorporated in a building or other structure located in a member state.
Regarding neighbouring rights, the protection is to be afforded to:
 1. Performers, if any of the following conditions is met:
(a) The performance takes place in a WTO Member state.
(b) The Performance is incorporated in a phonogram the producer of which is a
national of a WTO Member state, or the first fixation of the sound was made in a
WTO Member state.IP/C/W/278
Page 2
(c) The performance, not being fixed on a phonogram, is carried by a broadcast,
if the headquarter of the broadcasting organization is situated in a WTO member
state, and the broadcast was transmitted from a transmitter situated in a WTO member
state.
 2. Producers of phonogram, if the first fixation of the sound was made in a WTO
member state.
 3. Broadcasting organizations, if the headquarter of the broadcasting organization is
situated in a WTO member state, and the broadcast was transmitted from transmitter situated
in a WTO member state.
The new IPR law grants nationals of all WTO Member states most-favoured-nation treatment
with regard to the protection of intellectual property. Exemptions form this obligation are any
advantage, favour, privilege or immunity accorded deriving from (a) international agreements on
judicial assistance and law enforcement of a general nature and not particularly confined to the
protection of intellectual property; and (b) international agreements related to the protection ofintellectual property which entered into force before 1 January, 1995.
SWITZERLAND
A. 
GEOGRAPHICAL INDICATIONS
1. Please explain in detail how your legislation provides protection for geographical
indications.
[Response not yet received]
B. PATENTS
2. Does your legislation grant patent protection to all categories of products or are there any
exceptions?  If so, please explain in detail what kind of exceptions exist and how they comply with
Article 27 of the TRIPS Agreement.  In the field of pharmaceutical products are new applications of
known substances patentable in your law?
All categories of products are subject to patent protection under the new IPR law of Egypt
(currently in draft form, article 1). The inventions that are excluded from patentability are only those
the exclusion of which is permitted under Articles 27.2 and 27.3 of the TRIPS Agreement for the
reasons given therein. Additionally, living organs, tissues, and cells, DNA and genome are excluded
from patentability (article 2).
3. Please indicate whether micro-organisms are patentable in your legislation.  Please explain
in this respect the relevant sections of your legislation.
[Response not yet received]
4. Please explain whether or not your legislation provides the possibility of granting of
compulsory licenses.  If so, please explain in detail the conditions under which a compulsory license
may be granted.
[Response not yet received]IP/C/W/278
Page 3
5. Please explain how in your legislation the notion of "anti-competitive practice" is defined, as
referred to in Article 31 of the TRIPS Agreement.  Are there any judicial or administrative decisions
referring to the interpretation of this expression?  If so, please indicate these decisions and comment
them briefly.
[Response not yet received]
6. Please explain whether your legislation prov ides for judicial review or other independent
review of the legal validity of any decision by administrative authorities relating to the authorisation
of use as mentioned in Article 31 of the TRIPS Agreement.
[Response not yet received]
7. Does your legislation, in accordance with Article 27.1 in combination with Article 31 of the
TRIPS Agreement, consider impor tation as "working" a patent (and therefore preclude compulsory
licensing, if a product is being imported)?
A compulsory license may be applied for on the grounds of:
(a) Failure to work a patent, i.e. to locally exploit a patent either directly or with the
patent owner’s consent; or
(b) Insufficient working, i.e. insufficient local exploitation.
The grant of a compulsory licence under such circumstances will be permitted only after the
expiration of a period of four years from the date of  filing of the patent application or three years from
the date of the grant of the patent, whichever period expires last.
(c) Cessation of the exploitation of a patent for a period of more than one year for a
reason other than a force majeure .
By exploitation is meant the production in Egypt of the patent-protected product or the
utilization in Egypt of the patented process.
However, if the Patent Office is convinced that the failure to exploit a patent – in spite of the
expiration of the aforementioned periods – results from legal, technical or economic reasons beyond
the right holder's control, the latter may be granted an additional period of time of sufficient length toenable the exploitation of the patent.
The spirit and letter of the Article 5(A) of the Paris Convention are reflected in the new patent
legislation (article 25).
8. Does your legislation provide for the principle of the reversal of burden of proof in a process
patent litigation? Please cite the relevant provisions of law.
Egypt's new patent legislation provides for the principle of the reversal of burden of proof in a
process patent litigation.  The relevant law section (article 35) corresponds to and complies with thestipulation of Article 34.1 of the TRIPS Agreement, providing that the burden of proof shall be on the
alleged infringer only if the condition referred to in subparagraph (b) of the said Article is fulfilled.
The law also provides – in accordance with paragraph 3 of the same TRIPS Article – that in
the adduction of proof to the contrary, the legitimate interests of the defendant in protecting hisindustrial and commercial secrets must be protected.IP/C/W/278
Page 4
C. PROTECTION OF UNDISCLOSED INFORMATION
9. Please explain in detail if your legislation ensures that undisclosed test or other data
submitted by an applicant to the responsible State agency in the procedure for market authorisation of
a pharmaceutical or of an agricultural chemical product is protected against disclosure and against
unfair commercial use by a competitor, for example by prohibiting a second applicant from relyingon, or from referring to the original data of the first applicant, when applying subsequently for market
authorisation for his own product.  Does your legisl ation provide for exceptions to this? If yes, under
what conditions would such exceptions apply?  Does your legislation set a specific term of protection
for undisclosed test or other data of the first applicant?
This response concerns the manner in which Egypt’s new law on the protection of IPR
ensures that undisclosed test or other data are protected, in compliance with Article 39.3 of the TRIPSAgreement. The matter is addressed in article 57 of the new law.
(a) The term "undisclosed test or other data", which is to be protected against unfair
commercial use, embraces the undisclosed information which (i) concern pharmaceutical or
agricultural chemical products; (ii) result from considerable effort; (iii) utilize new chemical
entities; (iv) are submitted to the concerned authorities as a condition for approving themarketing of such products; and (v) are required for conducting the tests necessary for the
marketing approval.
(b) The concerned authorities which receive such information are obliged to protect the
information against disclosure and against unfair commercial use. This obligation starts fromthe date the information is submitted and continues until the information no longer becomes
secret, or until the elapse of no more than five years
, whichever occurs first.  In anticipation of
the formal passing of the law, a Prime Minister's Decree (No. 2211) was issued (dated25 November, 2000) providing for the same obligation.  A formal notification of this
commitment was also communicated (under Article 63.2 of the TRIPS Agreement) to theCouncil for TRIPS, and is contained in document IP/N/1/EGY/1/Add. 1, dated 8 May, 2000.
(c) The exceptions provided for in article 57 of the new law are identical to those allowed
in Article 39.3 of the TRIPS Agreement, namely: (i) where the disclosure by the concerned
authorities is necessary to protect the public; or (ii) where the concerned authorities use the
test information in testing or evaluating other similar products; this being a situation where
protection of the public is an issue.
(d) Additionally, the following must be clarified:
(i) The test and other data, which are required for the testing, examination and
evaluation of the product, are handled by a responsible government authority, the
National Organization for Drug Control and Research (NODCAR) which is an organof the Ministry of Health and Population, where all operations are conducted in
complete secrecy and guarded against any form of disclosure to outside bodies except
when required by law, such as by court order.
(ii) A second applicant cannot, therefore, have access to such test data as
submitted by a first applicant. It is only the concerned authority (in this caseNODCAR) which can use the test data for testing the product of the first applicant or,
where deemed necessary, to protect the public. However, the second applicant and
indeed any other applicant is required to submit the requisite test data and other
information in support of his own application.IP/C/W/278
Page 5
(iii) Of the undisclosed information submitted by a first applicant, one can
distinguish two types:
(A) The general facts and figures pertaining to the usage of the product
(such as indications, contra-indications, limitations, precautions, interaction
with other products, dosage forms, dose levels, etc.) are actually disclosed, tothe medical profession and to the general public, by the applicant himself
upon releasing his product in the local market.
(B) The qualitative/quantitative analytical test and evaluation
(chemical/biological) data and methods of procedure are kept with and
reserved for the restricted use of the concerned authority (NODCAR). This
authority's functions, to be sure, are limited to using – certainly not publishingor otherwise disclosing to any outside body – the test/evaluation methods
which either are made available to the authority by an applicant, or are
already in the authority’s possession for the normal discharge of its daily
responsibilities.
D. E
NFORCEMENT
10. Please indicate remedies provided by your legislation, which constitute effective deterrents to
infringements of intellectual property rights.
[Response not yet received]
11. Please describe any new initiatives that are planned to improve enforcement of intellectual
property rights in your country, particularly initiatives related to criminal enforcement.
[Response not yet received]
UNITED STATES
A. GENERAL
1. With respect to each form of intellectual property covered by Part II of the TRIPS Agreement,
including plant variety protection, please explain the manner in which the laws of Egypt ensure that
nationals of other WTO Members receive national treatment and most favoured nation treatment as
required by Articles 3 and 4 of the TRIPS Agreement.  Please cite to the relevant provisions of law.
Under the new IPR law any person or legal entity who belongs to a WTO Member state is to
be accorded treatment no less favorable than that Egypt accords to its own nationals.  Foreignersresident or having a real and effective industrial and commercial establishment in a WTO member
state are to be treated equally with regard to protection of industrial property and plant varieties.  The
new IPR law grants nationals of all WTO member states most-favoured-nation treatment with regard
to the protection of intellectual property.  Exemptions form this obligation are any advantage, favour,
privilege or immunity accorded deriving from: a) international agreements on judicial assistance andlaw enforcement of a general nature and not particularly confined to the protection of intellectual
property; and b) international agreements related to the protection of intellectual property which
entered into force before 1 January, 1995.IP/C/W/278
Page 6
B. COPYRIGHT AND NEIGHBOURING RIGHTS
2. Please explain how Egypt's copyright law protects computer programs as literary works and
complications of data as required by Article 10 of the TRIPS Agreement and cite to the relevant
provisions of the law.
The Egyptian law protects computer programs and compilations of data as required by
Article 10 of the TRIPS Agreement.
Article 139 of the new IPR law indicates both of these works in paras. nos. 2 & 3,
respectively, in the non-exhaustive list of protected works.  Moreover, the said article provides
expressly that the protection of databases applies whether they are readable by computer or not.
Hence, both works are protected for the lifetime of the author and seventy years after his death in
cases of pseudonymous, anonymous, collective works directed by a juristic person; their term of
protection is computed from the date of first publication. Collaborative works are protected for thelifetime of its author and for seventy years after the death of the last collaborator.
Article 169 of the new IPR law prohibits making copy for personal use of software.  The only
exception to the monopoly of the author in this regard is the right of the lawful possessor of software
to make a backup copy to be used in case of loss or damage of the original copy.  The new IPR law
mandates to destroy this backup copy against termination of the lawful right on the original.
3. Article 11 of the TRIPS Agreement requires that in most circumstances rental rights be
provided with respect at least to computer programs and cinematographic works and Article 14.4
requires that rental rights be provided to producers of phonograms.  Please describe how Egypt's law
on copyright and neighbouring rights ensures that the required rental rights are provided and cite to
the relevant provisions of law.
The new IPR law complies with Article 11 of the TRIPS Agreement as it grants rental rights
to authors and holders of the neighbouring rights in general.  This rental rights provision applies to the
computer programs whenever the essential object of the rental is the computer program itself.  It also
applies to cinematographic works unless such rental leads to widespread copying of these works
which is materially impairing the author's exclusive right of reproduction.
4. Please identify the term of protection available with respect to works and with respect to each
form of neighbouring rights under Egypt's law on copyright and neighbouring rights and cite to the
relevant provisions of law.
As a general rule all literary and artistic works are protected for lifetime of the author and
seventy years after his death. Such term is computed from the date of the first publication in case of
pseudonymous, anonymous and collective works. Collaboration works are protected for the lifetimeof the author and for seventy years after the death of the last collaborator.  With regard to
neighbouring right the same rules apply (articles 164 & 165 of the new IPR law) except for
broadcasting organizations which benefit from a shorter term, i.e. twenty years (Article 166).
5. Article 13 of the TRIPS Agreement obliges WTO Members to confine any limitations or
exceptions to copyrights to certain special cases that do not conflict with the normal exploitation of
the work and do not unreasonably prejudice the legitimate interests of the right holder.  Please
describe any and all limitations and exceptions to copyrights provided under Egypt's law on
copyrights and neighbouring rights and cite to the relevant provision of law.  Please indicate how
Egypt ensures that those limitations and exceptions do not conflict with the normal exploitation ofworks and do not unreasonably prejudice the legitimate interests of the right holder.IP/C/W/278
Page 7
Egyptian law provides an exhaustive list of limitations and exceptions to copyright in certain
special cases which are not in conflict with the normal exploitation of the work and do not
unreasonably prejudice any copyrights subsisting in the data or material itself. These limitations and
exceptions are as expressed in articles 169 and 170 of the new IPR law.
6. Please describe in detail the rights provided under Egypt's law on copyright and
neighbouring rights to performers, broadcasters and producers of phonograms and cite to the
relevant provisions of law.
The rights granted by the law to neighbouring rights holders (mentioned in Article 154, 155
and 156) are in agreement with those provided in Article 14 of the TRIPS Agreement and provisions
of the relevant international conventions.
7. Article 18 of the Berne Convention, as incorporated into the TRIPS Agreement by Article 9.1
of the TRIPS Agreement requires that copyright be restored for works that are still are protected
under copyright in their country of origin and have not had a full term or protection in Egypt.  Please
describe in detail how Egypt has implemented this obligation and cite to the relevant provisions of
law.
With regard to the restoration of copyright for works that are still protected under copyright in
their country of origin and have not had a full term or protection in Egypt, it is important to point out
that Egypt is a member of the Berne Convention since 1976 and the said rule adopted by article 18 of
the Berne Convention is considered an integral part  of our legal system (Article 151 of the Egyptian
Constitution).  There is no need to reintegrate such rule in our domestic law as article 187 of the newIPR law indicates expressly that the provisions of this law shall apply without prejudice to the
international conventions enforceable in Egypt.
8. Article 14.6 of the TRIPS Agreement requires that protection be restored for phonograms that
are still under protection of copyright or neighbouring rights law in their country of origin and that
have not had a full term of protection in Egypt.  Please describe in detail haw Egypt has implemented
this obligation and cite to the relevant provisions of law.
Please see the response to question 7 above.
C. T
RADEMARKS
9. Please describe in detail the subject matter that can comprise a trademark under Egypt's
trademark law and cite to the relevant provisions of law.
Under article 64 of the new IPR law a trademark is all that distinguishes and identifies a
product or service of one undertaking from those of another undertaking.  It particularly includesnames having a distinguishing nature, signatures, words, letters, numerals, designs, symbols,
addresses, stamps, seals, pictures, figurative elements, colour combinations having a special
distinguishing nature or any other combination of these signs used, or intended to be used for:
(a) distinguishing the products of an industrial undertaking or an agricultural business or
forestry utilization activity or raw materials extracted form the earth or any other goods;
(b) indicating product source, type, quality, guarantee or mode of preparation; or(c) indicating the performance of specific service.
In all cases, the trademark must be visually perceptible.IP/C/W/278
Page 8
It is to be noted that three-dimensional marks and single colours are not included in draft law
article 64.
10. Please describe in detail the procedure that must be followed to register a trademark in
Egypt, citing the relevant provisions of the trademar k law and describe the rights that the owner of a
registered mark acquires with registration.
To register a trademark in Egypt a written application is to be submitted to the Trademarks
Office by the applicant himself or by his legal re presentative.  The mark is to be drawn on the
application form. The application must indicate the class or classes of the goods or services that the
mark is to be used to identify.  Applications are to  be recorded in special register with a serial number
determined by their date of deposit.
Under the new IPR law the application is to be submitted to the Trademark Office, according
to the terms and conditions stipulated in the executive regulation of the law, against the fee specified
in the executive regulation (article 74).
The mark is to be registered for one or more classes of the products produced, or intended to
be produced, by the applicant (article 75).  So, under the new IPR law, there is no previous userequirement to register a trademark.
Under the new IPR law, if the application for a mark registration was filed in a WTO Member
state or in a country granting Egypt equal treatment, the applicant or whoever acquired his rights, may
- within a period of six months following the date of  filing - submit to the Trademarks Office in Egypt
a similar application in regard to the same mark a nd for the same products incorporated in the earlier
application. In this case, priority shall be determined on the basis of the date of the earlier application
in the foreign country.
The Trademarks Office may, by way of a reasoned decision, reject the registration of the
mark according to the provisions of the law.  It  may also instruct the applicant to introduce the
necessary changes that make mark clearer and more definitive so as to avoid confusion with an
already registered mark or a mark for which an application has been filed.
The applicant is to be promptly notified of this decision by registered mail within thirty days
from the date of its issuance (article 78). The applicant is entitled to appeal against the rejection
decision within 30 days of the date of notification. Appeals are examined by one or more committees
to be composed, by a decree of the concerned Minister, of three members, one of whom is to beselected from the Council of State.
The executive regulation of the new IPR law specifies the rules and procedures of appeal and
the appellate decision-making process (article 79).
If the committee supports the decision to reject the application for registration of the mark
because of similarity to a previously registered mark used for the same products, or product class, the
mark is not to be registered unless a self-executing ruling by a court having the jurisdiction has been
issued in favor of the applicant (article 80).
The decisions accepting mark registration are to be published in the Gazette of Trademarks,
Industrial Designs and Models, in the manner specified in the executive regulation of the new IPR
law.
Any concerned party may object in writing to the decision of accepting the registration of the
mark, within sixty days of publication.  The executive regulation of the draft determines the terms and
conditions of objection.IP/C/W/278
Page 9
The Trademarks Office forwards a copy of the objection to the applicant, within 30 days of
the date of receipt of notification. The applicant is to be required to submit to the Office, within 30
days as of the date of his receipt of the notification, a written response including pertinent reasons;
otherwise he is to be considered as abandoning his application.
The Trademarks Office may, by way of a reasoned decision, reject the registration of the
mark according to the provisions of the law. It  may also instruct the applicant to introduce the
necessary changes that make mark clearer and more definitive so as to avoid confusion with an
already registered mark or a mark for which an application has been filed.
The applicant is to be promptly notified of this decision by registered mail within thirty days
from the date of its issuance (article 78). The applicant is entitled to appeal against the rejectiondecision within 30 days of the date of notification. Appeals are examined by one or more committees
to be composed, by a decree of the concerned Minister, of three members, one of whom is to be
selected from the Council of State.
The executive regulation of the new IPR law specifies the rules and procedures of appeal and
the appellate decision-making process (article 79).
If the committee supports the decision to reject the application for registration of the mark
because of similarity to a previously registered mark used for the same products, or product class, the
mark is not to be registered unless a self-executing ruling by a court having the jurisdiction has beenissued in favor of the applicant (article 80).
The decisions accepting mark registration are to be published in the Gazette of Trademarks,
Industrial Designs and Models, in the manner specified in the executive regulation of the new IPR
law.
Any concerned party may object in writing to the decision of accepting the registration of the
mark, within sixty days of publication.  The executive regulation of the draft determines the terms and
conditions of objection.
11. Please explain in detail how Egypt's trademark and other laws provide for the protection of
well-known trademarks and servicemarks, citing the relevant provisions of law.
Egypt has signed and ratified the Paris Convention for Protection of Industrial Property as
revised in Stockholm (1967).
The Convention was published in the Egyptian Official Gazette on 6 March, 1975 and
became according to Article 151 of the Egyptian Constitution part of the Law of the Land.  Therefore,the protection of the well-known mark has been reco gnized in Egypt before the ratification of TRIPS
Agreement.
Under the new IPR law article 69, registration is not required in order to enjoy protection, in
respect of internationally and locally well-known mark. The Commercial Registry, ipso facto , rejects
any application for registration of a mark identical to a well-known mark, incorporating the use of that
mark for distinguishing similar products, unless that application is submitted by the owner of the well-
known mark.
With regard to the question of the protection of servicemarks, this question has been
previously answered.IP/C/W/278
Page 10
12. Please describe in detail any limitations or special requirements that apply to trademark
rights under Egypt's laws and indicate how those limitations take account of the legitimate interests of
the owner of the trademark and of third parties.
One of the limitations that apply to trademark rights under Egyptian new IPR law results from
application of the concept of exhaustion (Article 6 of the TRIPS Agreement). Taking in considerationthat the owner of a trademark has the right to prevent others from importing his trademark-bearing
product, the Egyptian new IPR law considers that such an obstacle is not justified when the product
has been put on the market in a legal manner in any country from which it is imported.
13. Please indicate the length of the initial term  of protection for a registered trademark under
Egypt's trademark law and describe the conditions for renewing the registration and the period of the
renewal.  Please cite to the relevant provisions of Egypt's law.
Under article 91 of the new IPR law a registered mark shall be protected for a period of ten
years renewable for another period or other periods.  The application for renewal must be submitted
during the last year of the protection period, against payment of the same fee paid for the first
registration.  The mark owner, may however, apply for renewal of the protection period within six
months of the date of expiry, against payment of the set fee and a surcharge, to be specified in theexecutive regulations, not exceeding L.E. five hundred.  Otherwise, the Trademarks Office will cancel
the mark, if the owner fails to apply within  the six months period referred to above.
D. G
EOGRAPHICAL INDICATIONS
14. Please describe in detail how and under what laws geographical indications are protected in
Egypt and cite to the relevant provisions of law.
Under article 105 of the new IPR law, geographical indications are all that identify the origin
of a good in a region or locality in a WTO Member State or in a country granting Egypt equal
treatment, where a given quality, reputation or other characteristics of that good affecting its
promotion are essentially attributable to its geographical origin.  For extending protection to thoseindications, it is essential that they must have acquired protection in the country of origin.
According to the new IPR law it is not permissible to use a geographical indication in
connection with the goods produced in a manner that misleads the public, for instance, by suggesting
that they are originated in a famous area other than the place of origin (article 107).
To register a trademark incorporating a geographical indication, it is essential that production
of the good in question must consistently be undertaken by the applicant at the especially famousgeographical area. It is not to be registered if the use of which could mislead the public as to the true
geographical origin of the related good.
15. Does the law of Egypt regarding geographical indications provide for any of the exceptions
to protection of geographical indications contained in Article 24 of the TRIPS Agreement, and, if so,
please describe the way in which the exception is applied and cite to the relevant provisions of law.
Under article 109 of the new IPR law, it is permissible to use on certain products such
geographical names that became essentially known in the commercial terminology to denote the type
of product without its geographical origin.
Furthermore, under draft art.112, a trademark that  incorporates a geographical indication may
be registered if the right to that mark is acquired through bona fide  use before the law enters into force
or before the geographical indication has been granted due protection in the country of origin.IP/C/W/278
Page 11
E. INDUSTRIAL DESIGNS
16. Please describe in detail the way in which industrial designs, including textile designs, are
protected under Egypt's laws and cite to the relevant provisions of law.
Article 120 of the new IPR law states that any composition of lines or any three-dimensional
form whether or not associated with colours is considered to be an industrial design provided thatsuch form has a specific appearance that is new and could be used for industry.
Under draft article 124 it is not allowed to register designs or drawings which merely serve
technical of functional considerations of the product.
Under article 126 of the new IPR law, the protection period of industrial designs is ten years
effective from the date of filing the application for registration. The Commercial RegistrationAuthority may renew the protection period for 5 more years, if the owner of the design submits a
renewal application during the last year of the protection period according to the rules set in the
executive regulation.
Upon registration of the industrial designs, the owner of the design will have the exclusive
right to use, sell, manufacture or import the products, which embody this design.
The Commercial Registration Authority is allowed to grant others a non-exclusive
compulsory license for the use of the design in  return for a fair compensation.  The executive
regulation sets the conditions, and the procedures for granting this license.
F. P
ATENTS
17. Article 1 of the Egyptian Patent and Designs Act No. 132 of 1949 (Patent Law) authorizes the
grant of patents for new products, new processe s, and new applications of known manufacturing
methods.  Please indicate if patents may be granted for inventions that consist of a new use of a
previously known product, if the process is novel and involves an inventive step, as is required byArticle 27.1 of the TRIPS Agreement.
The new Egyptian law (currently in draft form, article 1), in full conformity with Article 27.1
of the TRIPS Agreement, authorizes the grant of patents for every invention that is new, involves an
inventive step, and is capable of industrial application, and whether the invention concerns new
industrial products, novel industrial processes or means, or a new application of known processes or
means.
A strict reading of this language (as well as that in Article 27.1 of the TRIPS Agreement)
would mean that a process for making a known product is patentable if the process meets the three
criteria of patentability.  A new use of a previously  known product, particularly in the area of food
products and medicinal agents, would justifiably be taken as a scientific  finding or even a discovery,
i.e. treated as publishable knowledge to appear in the sc ientific literature to the credit of its author and
for the benefit or all readers.  In this connection one must recall Article 27.3(a) of the TRIPSAgreement which allows the exclusion from patentability of diagnostic, therapeutic and surgical
methods for the treatment of humans or animals. Is not the use, even a new use, of a known medicinal
agent, a method for treatment?
18. Please explain whether an invention within the categories specified below may be patented
under Egyptian law if it is novel, involves an inventive step, and is industrially applicable:
(a) process inventions which, in whole or in part, consist of steps that are performed by a
computer and are directed by a computer program;IP/C/W/278
Page 12
(b) product inventions consisting of elements of a computer-implemented invention
including:
(i) machine-readable computer program code stored on a tangible medium such
as a floppy disk, computer hard drive or computer memory; or
(ii) a general purpose computer whose novelty over the prior art arises primarily
due to its combination with a specific computer program;
In the two cases the (a) process invention, and (b) the product invention will be granted
protection by patents except the software part which is to be protected by copyright;
i.e. software is not patentable.
(c) process inventions that facilitate the conduct of business;  and
Under draft article 2 (2), scientific theories and discoveries, mathematical methods, programs,
and schemes are not patentable. Accordingly, business methods including processes that
facilitate the conduct of business, no matter how “inventive”, are not patentable.
(d) microorganisms.Microorganisms are patentable, in compliance with Article 27.3 (b) of the TRIPS Agreement.
19. Under Article 2 of current law, any invention c ontrary to "law or morality" is automatically
excluded from patentable subject matter.  Please describe the process by which the Government of
Egypt determines whether an invention is contrary to law or morality and the criteria used to make
those determinations, citing to the relevant provisions of law.  Also, please indicate whether adetermination that an invention is excluded from patentability under Article 2 is appealable and, if so,
to what body.
The new Egyptian law (article 2) excludes (simply, not automatically) from patentability
inventions the exploitation (meaning commercial exploitation ) of which affects (in a negative sense)
national security or causes damage to the ordre public  or morality, or causes serious damage to the
environment or to human, animal or plant life or health.
There is no mention in the said article 2 of the invention being "contrary to law" as a reason
for denying patentability. Needless to say, however, the basic principles of patent protection of  an
invention, being the fruit of human ingenuity, are not to be confused with the practical aspects of
commercial exploitation . Commercial exploitation may not be permitted by law, but the award of a
patent for protection of the IPR of an invention is an undeniable right of an eligible inventor.
Indeed, any decision of the Patent Office is appealable. The bodies to which the appeal would
be made and the conditions associated with the appeal are stipulated in the new law articles 29, 37 and
38.
20. Article 10 of the current patent law states that a patentee has the exclusive right to work his
invention by all means.  A similar provision is included in Article 6 of the proposed patent law of
Egypt.  Neither the current or proposed law, however , enumerates the rights specified by Article 28 of
the TRIPS Agreement.  Please explain in detail the rights given a patentee under Egypt's patent law
and cite to the relevant provisions of law.
It is article 11, not article 6, of the new law which states that a patentee has the exclusive right
to exploit the invention by any means. Indeed, this is  a broad statement of the rights of the patent title-IP/C/W/278
Page 13
holder and, as such, it embraces all the rights specified by Article 28.1 and 28.2 of the TRIPS
Agreement and is subject to the exceptions a llowed in the same TRIPS Article; see below.
The effect of this way of expressing rights given a patentee receives reinforcement in another
location of the new law, namely in article 33 on the penalties that infringers are subject to.  According
to this article, which takes account of article 11 (see below), punishable acts include: (a) the imitationwith the intention of handling in commerce of the subject matter of a protected invention or utility
model; (b) the selling, offering for sale or importation of imitated products where such acts are
committed wilfully in respect of patents of inventions or utility models which protect in Egypt the
products or the corresponding processes.  The punishments include imprisonment and monetary fine,
in addition to forfeiture of the goods found to be infringing and of the implements used in creating
such goods. The court sentence will also be published, at the infringer's expense, in at least one daily
newspaper.
21. Please identify any exceptions to the rights conferred by a patent in Egypt and indicate the
manner in which the law of Egypt ensures that such exceptions do not unreasonably conflict with a
normal exploitation of the patent and do not unreasonably prejudice the legitimate interests of the
patent owner, taking account of the legitimate interests of third parties.
The exceptions to the rights conferred by a patent under the new IPR law are addressed and
enumerated in article 11. They all are derived from or inspired, inter alia , by: (a) the provisions of the
TRIPS Agreement; (b) the WIPO Model law for Developing Countries on Inventions, Vol.1, Patents,
WIPO (1979); (c) the New IPR Law on Patents and Utility Models proposed for Egypt by the WIPO
International Bureau; (d) case law in other countries and the outcome of WTO cases of dispute
settlement.
More specifically, the exceptions comprise:(a) Exhaustion of IPR (provided in Article 6 of the TRIPS Agreement) which means the
cessation of the right of the patent owner to exercise his rights in respect of the use, sale,offering for sale, importing or other distribution of goods, once he has marketed such goods
(Article 28 of the TRIPS Agreement); it being understood that such marketing (by the patent
owner or with his consent) has occurred anywhere in the world.
(b) Activities of scientific research, meaning of course experimentation without
extending to commercial-scale activities.
(c) Where a person in Egypt has in good faith made a product, used a process for making
a specific product, or has made serious preparations towards such acts before the date of filing
a patent application by another person concerning the same product or process for making a
product.  The first person, despite the issuance of a patent, shall have the right to continue the
said acts but only for the benefit of his business and without expanding it.  He shall,moreover, not have the right to assign the rights associated with these acts except with the
transfer of the other components of the business.
(d) After appreciation of the scientific principle involved in a patented process, making
use of such principle in an indirect application of the process to obtain a product different
form that which would result from the direct application of the protected process.
Article 28.1(b) of the TRIPS Agreement, concerne d with the situation where a process is the
subject matter of a patent, prohibits the acts of making such process per se  and of obtaining
the product directly by that process.  It may be added here that the basic ethic behind patent
protection does not extend to fundamentals of science or to scientific discovery; the chiefconcern is to guard against infringement involving commercial-scale exploitation by
unauthorized persons. Another basic ethic, that needs to be remembered, is portrayed byIP/C/W/278
Page 14
Article 29 of the TRIPS Agreement, where the disclosure of the invention is a reward (in the
form of knowledge) that the society receives in exchange for the protection it gives to the
invention.
(e) Use of the patented invention on vessels, aircraft, or land vehicles belonging to a
Member of the WTO, or to a country which treats Egypt reciprocally, while the vessel,
aircraft or vehicle is accidentally or temporarily present in Egypt.
(f) The notion of "springboarding" in conne ction with those products which require
marketing authorization by a government body before circulation of the products in the
normal channels of commerce. In such circumstances it would not be an infringement if a
third party makes, constructs, uses, sells the product during the term of protection for thepurpose of obtaining a marketing authorization, with the proviso that such marketing does not
occur except after the termination of the term of protection (WTO document WT/DS114/R,
dated 17 March, 2000).
(g) Without being specific, any other acts that constitute limited exceptions to the
exclusive rights conferred by a patent, provided that such acts do not unreasonably conflictwith a normal exploitation of the patent and do not unreasonably prejudice the legitimate
interests of the patent owner, taking account of the legitimate interests of third parties.
22. Article 33 of the TRIPS Agreement requires that  patents have a term of protection that does
not end before a period of twenty years measured fr om the date of filing.  Please describe the term of
protection for patents available under Egypt's patent law and indicate if there is any variation in that
term, based upon the area of technology to which the patent relates.  If so, please indicate what the
variations are and for what technologies and describe Egypt's plans to bring its law into compliance
with Article 27.1, which prohibits discrimination in the enjoyment of patent rights based on the field
of technology.
The term of protection for inventions in the new IPR law article 10 is twenty years measured
form the date of filing the application.  There is absolutely no discrimination as to the term of
protection between patents based upon the area of technology to which the patent relates.
23. Please verify that the terms of all patents in existence in Egypt on 1 January 2000, will not
end before the expiration a period of twenty years measured from the date of filing.
According to the new IPR law, the protection period shall be applicable for patents, which
their protection periods have not expired at the effective date of this law.
24. Article 30 of Egypt's patent law authorizes the grant of a compulsory licence three years after
the grant of the patent, without reference to whether four years has expired since the filing of the
application.  Please describe in detail how Egypt ensures that its obligations under Article 5 of the
Paris Convention, as incorporated by Article 2.1 of the TRIPS Agreement, are fulfilled.
The new IPR law authorizes and regulates the grant of a compulsory licence (grounds in
article 25 and conditions in article 26).  The fourth ground for granting a compulsory licence (in
article 25) corresponds to the Article 5.A(4) of the Paris Convention, as incorporated by Article 2.1 of
the TRIPS Agreement.  It addresses the circumstance when the patent right holder fails to work (i.e. to
exploit) or insufficiently works (i.e. insufficiently exploits) his patented invention, thereby creating a
ground for applying a compulsory licence.  In such circumstances the grant of the compulsory licencewill be permitted only after the expiration of a period of four years from the date of filing of the patent
application or three years form the date of the grant of the patent, whichever period expires last.IP/C/W/278
Page 15
25. Article 27.1 of the TRIPS Agreement requires that patents be available and patent rights
enjoyable without discrimination as to whether products are imported or locally produced.  Please
verify that importation of patented products will satisfy the working requirement in Egypt's patent
law.
In conceiving Egypt's new law on patents, due consideration has been given to the provisions
of the TRIPS Agreement and of the Paris Convention.  The latter, in Article 5.A (2), stipulates that
countries of the Union "shall have the right to take legislative measures providing for the grant of
compulsory licenses to prevent the abuses which migh t result from the exercise of the exclusive rights
conferred by the patent, for example, failure to work".
The conventional wisdom is that the working of the patented invention occurs by exploitation
which involves actual production of the patent-protected product locally, or by actual utilization of the
patent-protected process locally.  A basic ethic of relevance here is that a reward that the societydeservedly receives, in exchange for conferring complete and strict protection of IPR, is the local
working (meaning local exploitation commercially in real production operations) of the patent by or
with the consent of the patent ow ner, thereby creating work opportunities for the local population in a
win-win type of relationship.
This lofty goal will be defeated in the situation where working occurs only through importing
of patented products.  To the Paris Convention, non-working is distinctly an example of abuse of the
exclusive rights conferred by the patent.
Attention is also drawn to the fact that the Paris Convention provides, in Article 5.A(1), a
specific limitation concerning the importation by the patentee of goods.  Such importation "into thecountry where the patent has been granted of articles manufactured in any of the countries of the
Union shall not entail forfeiture of the patent".  The limitation thus has no effect relative to the criteria
of patentability, nor does it establish any link between the importation of goods and the working ofthe patent issued to protect such goods.  In fact failure to work a patented invention is only linked,
according to the second provision of Article 5.A of the Paris Convention, to abuses which might resultfrom the exercise of the exclusive rights conferred by the patent.
26. Please explain how the safeguards contained in  Article 31(l) of the TRIPS Agreement are
implemented under Egypt's patent law.
Egypt's new law on patents provides in article 25 - which enumerates the grounds for granting
compulsory licences - the safeguards contained in Article 31(l) of the TRIPS Agreement.  The sixth
ground for granting a compulsory licence addresses the situation of interdependent inventions, where
the terms "the second patent" and "the first patent" in Article 31(l) of the TRIPS Agreementcorrespond to the terms "the invention" and "the other invention" in the new law article 25,
respectively.  The safeguards are the same, namely that granting a compulsory licence to exploit the
other invention is permitted if the conditions stipulated in (the new law) article 26 are fulfilled in
addition to the following two conditions: (a) th e invention must involve a technical and economic
importance in comparison with the other invention, and (b) the owner of the patent of the otherinvention may be granted a compulsory licence to use the (first) invention. It is thus implied that
either of the two patents may not by assigned e xpect with the assignment of the other patent.
27. Please indicate the number of compulsory lice nces issued under Egypt's patent law in each of
the last five years.
The number of compulsory licences issued under Egypt's patent law during the past five
years:  NONE.IP/C/W/278
Page 16
28. Please describe in detail the manner in which plant varieties are protected under Egypt's
laws.
The essentials of the manner in which plant varieties are protected under Egypt's new law for
the protection of IPR (Book 4, entitled "Plant Varieties") are contained in an effective sui generis
system, based on the provisions of Article 27.3(b) of the TRIPS Agreement and derive extensively
form the UPOV Convention (1991).
G. LAYOUT -DESIGNS OF INTEGRATED CIRCUITS
29. Please describe how Egypt implements the oblig ations of Section 6, Part II of the TRIPS
Agreement and cite to relevant provisions of law.
The relevant Articles in TRIPS Agreement are 35, 36, 37 and 38.  Egypt's new draft law
grants protection for the layout-designs of integrated circuits for 10 years.  The level of protection is
in full compliance with the TRIPS Agreement; terms of protections are stated in articles 46-55 of thenew IPR law. The Patent Office will be the national authority that will be responsible for
implementing Egypt's obligations of protecting the layout-designs of integrated circuits.
Currently, the Egyptian Patent Office is formulating the procedure relevant to implementation
aspects of the layout-designs protection; this procedure is subject to approval by the Cabinet after the
People's Assembly approval of the new IPR law. We will be very happy to receive technicalassistance from developed countries as to this issue.
H. P
ROTECTION OF UNDISCLOSED INFORMATION
30. Paragraph 2 of Article 39 of the TRIPS Agreement requires Members to provide protection
for all undisclosed information, including technical know-how and commercial information, which
meets certain criteria.  This protection must endure as long has the conditions identified in
paragraph 2 of Article 39 are met and protection cannot be conditioned on registration.  Please
explain how Egypt fulfils this obligation.
The new law contains provisions on the protection of undisclosed information which fulfil
Egypt’s obligations under Article 39.2 of the TRIPS Agreement. The new law articles of relevance
are:
(a) article 56 concerning the qualification of the undisclosed information;
(b) article 58 concerning the duties of the person lawfully in control of such information
to prevent the disclosure to, acquisition by, or use by others of such information without his
consent;
(c) article 59 enumerating some of the more important acts that are considered contrary
to honest commercial practices, which constitute acts of unfair competition;
(d) article 60 enumerating, by way of contrast, some of the more important acts that are
not considered contrary to honest commercial practices; and
(e) article 62 providing for the imposition of penalties (as imprisonment and monetary
fines) in situations where it is established that the information has been disclosed to, acquired
by, or used by other persons without the rightful owner's consent in a manner contrary to
honest commercial practices, subject to the qualification provided in article 56.IP/C/W/278
Page 17
31. What measures, as required by Article 42 of the TRIPS Agreement, are taken by judicial
authorities in Egypt to protect the confidentiality of undisclosed information furnished by a party
during legal proceedings to enforce rights in such information, or for other purposes.
The proposed law indicates that the owner of the undisclosed information has the right to
resort to the courts in case of proving that others infringe his rights.
32. Paragraph 3 of Article 39 of the TRIPS Agreement requires that Members protect certain test
data associated with requests to obtain approval to market pharmaceutical and agricultural chemical
products from disclosure and from "unfair commerc ial use."  Please expl ain how Egypt implements
this obligation, and in particular, please explain procedures if any that the Ministry of Health and
Population and the Ministry of Agriculture have im plemented to give practical effect to this
obligation.
The obligation of Egypt, as related to the matter addressed in Article 39.3 of the TRIPS
Agreement, is fulfilled through implementation of article 57 of the new law in the following manner.
(a) The term "undisclosed test or other data", which is to be protected against unfair
commercial use, embraces the undisclosed info rmation which (a) concern pharmaceutical or
agricultural chemical products; (b) result from considerable effort; (c ) utilize new chemical
entities; (d) are submitted to the concerned authorities as a condition for approving the
marketing of such products; and (e) are required for conducting the tests necessary for the
marketing approval.
(b) The concerned authorities, which receive such information, are obliged to protect the
information against disclosure and against unfair commercial use. This obligation starts fromthe date the information is submitted and continues until the information no longer becomes
secret, or until the elapse of no more than five years
, whichever occurs first. In anticipation of
the formal passing of the law, a Prime Minister's Decree (No. 2211) was issued (dated25 November, 2000) providing for the same obligation. A formal notification of this
commitment was also communicated (under Article 63.2 of the TRIPS Agreement) to theCouncil for TRIPS, and is contained in document IP/N/1/EGY/1/ADD.1, dated 8 May, 2000.
(c) The exceptions provided for in article 57 of the new law are identical to those allowed
in Article 39.3 of the TRIPS Agreement, namely: (i) where the disclosure by the concerned
authorities is necessary to protect the public; or (ii) where the concerned authorities use the
test information in testing or evaluating other similar products; this being a situation where
protection of the public is an issue.
(d) Additionally, the following must be clarified:
(i) The test and other data, which are required for the testing, examination and
evaluation of the product, are handled by a responsible government authority, the
National Organization for Drug Control and Research (NODCAR) which is an organ
of the Ministry of Health and Population, where all operations are conducted in
complete secrecy and guarded against any form of disclosure to outside bodies expectwhen required by law, such as by court order.
(ii) Another applicant cannot, therefore, have access to such test data as
submitted by a first applicant. It is only the concerned authority (in this case
NODCAR) which can use the test data for testing the product of the first applicant or,
where deemed necessary, to protect the public.IP/C/W/278
Page 18
(iii) Of the undisclosed information submitted by a first applicant, one can
distinguish two types:
(A) the general facts and figures pertaining to the usage of the product
(such as indications, contra-indications, limitations, precautions, interaction
with other products, dosage forms, dose levels, etc.) are actually disclosed, tothe medical profession and to the general public, by the applicant himself
upon releasing his product in the local  market.
(B) The qualitative/quantitative analytical test and evaluation
(chemical/biological) data and methods of procedure are kept with and
reserved for the restricted use of the concerned authority (NODCAR).  This
authority's functions, to be sure, are limited to using - certainly not publishing
or otherwise disclosing to any outside body – the test/evaluation methodswhich either are made available to the authority by an applicant, or are
already in the authority's possession for the normal discharge of its daily
responsibilities.
I. E
NFORCEMENT
33. Please describe in detail what civil actions and what civil remedies are available under
Egypt's laws to right holders of each kind of in tellectual property covered by Part II of the TRIPS
Agreement, including plant variety protection, that permit effective action against any act of
infringement to prevent infringement and deter further infringement, and cite to the provisions of law
providing for those remedies.
The TRIPS Agreement regulates the civil procedures in article (42 – 48).
Article 42 concerns the general principles that must be available in the equitable trial (the
principle of confrontation between the litigant parties – guarantee of the right to defence – proxy in
litigation).
Undoubtedly, these principles are established in most legislations that regulate the civil
procedures just as they are well and completely covered in the Egyptian civil and commercial code of
procedure.
Article 45 of TRIPS concerns "damages" as to the balance between the injury and the
obligation of the person sentenced to pay damages and to pay legal expenses and attorney’s fees, as
well.  This principle is governed by the general rules of procedural and relevant legislation that
regulate procedures and the very subject matter of civil litigation in Egypt.
There is also the authorization by TRIPS to the judicial authorities in Article 46 to dispose of
goods that they have found to be infringing to intellectual property rights, to the extent that they may
destroy them and destroy the tools and equipment main ly used in making infringing goods. It is to be
noted that the draft Egyptian law adopts that rule to a considerable extent and requires its enforcement
to all areas of intellectual property rights (articles 33, 36 concerning the area of patents).  Both articles
apply to layout-designs of integrated circuits and undisclosed information.  Article 118 concerningtrademarks and geographical indications, article 134 concerning industrial designs and models,
article 179 concerning copyright and neighbouring rights and article 200 concerning plant varieties,
all address the question of punishable acts and the penalties that may be imposed in situations of
infringement.IP/C/W/278
Page 19
34. Please state whether decisions on the merit in court proceedings are provided in writing and
if those written opinions are available to the public so that people can become familiar with the law.
It is established in the principles of litigation in Egypt that the trials are public. Such principle
provides that the decisions issued during trial, as well as the decisions issued in cases shall be written
and caused.  They are available for the parties to get acquainted.  They are also to be based ondocuments and evidence submitted to the court. These principles are reflected by procedural laws
organizing the litigation measures either on civil level [code of civil and commercial procedures] or
on criminal level [code of criminal procedures].  These laws, as governing procedures, also govern all
sorts of cases including those concerning intellectual property rights, in the manner that complies fully
with the provisions of Article 41 of the TRIPS Agreement.
35. Please describe what civil provisional measures are available to right holders under Egypt's
laws, describe the procedures that must be followed and cite the relevant provisions of law.
The TRIPS Agreement, in its Article 50, binds WTO Members to include in their legislations
provisions on effective, prompt, provisional measures to deter any aggression upon intellectual
property rights, especially in order not to release goods, including imported goods directly after
paying their customs duties, into free circulation and to protect the evidence relevant to the alleged
aggression.
It is to be noted that such provisional measures already are provided and enforced in the
current Egyptian laws that protect the intellectual property rights: the Trademark Law (57/1939),
Patent and Industrial Design Law (132/1949) and Copyright Law (354/1954).  It is also to be noted
that the new draft law on IPR protection also provides for provisional measures as prescribed in
TRIPS: article 34 concerning patents that applies also to utility models, integrated circuits andundisclosed information, articles 116 & 117 concerning trademarks and geographical indications –
article 135 concerning copyright and neighbouring rights, and articles 136, 201 and 202 concerning
the plant varieties field.
36. Please state whether judicial authorities have authority to adopt provisional measures
inaudita altera parte, as required under Article 50.2 of the TRIPS Agreement and under whatcircumstances that authority will be invoked.
The same requirement and obligation are reflected in the draft of the new Egyptian law on
IPR protection in its various areas.
37. Please describe in detail the procedures under Egypt's laws, at least with respect to
counterfeit trademarked goods and pirated copyrighte d works, that allow right holders to request
customs authorities not to release goods into free circulation and cite to the relevant provisions of
law.  Please indicate if the customs authorities have ex officio authority to take such action.
With regard to trademarks and geographical indications the draft new law in article 116 (1, 2
& 3) stipulates that the president of the court having jurisdiction in respect of the original dispute and,
at the request of any interested party, is entitled to give an order in writing to apply the precautionary
measures he deems necessary regarding in particular:
(1) Substantiating the act of infringing the right covered by protection;(2) making an assessment and detailed description of what had been the object of the
offence including the goods imported from abro ad following their entry and being subjected
the seizure; andIP/C/W/278
Page 20
(3) seizure may, as the case may be, be made by Customs Authorities before releasing
such goods.
Article 177 relating to the protection of copyright and related rights does not preclude taking
such measures.  Likewise, this may include any other field of intellectual property rights if
infringement has been committed in the form of imitated or falsified goods.
As for the possibility of taking such measure by Customs Authorities ex officio , i.e. without
the request of the interested party, and despite the fact that such act does not constitute an obligation
pursuant to Article 50.2 of the TRIPS Agreement, the Egyptian Customs Regulations allow such
authorities to open parcels for inspection purposes, if there is doubt that such parcels contain any
infringing goods, without the presence of the concerned party (Article 51 of Customs Regulations
no. 66/1963).
38. Please indicate whether border enforcement is available with regard to other forms of
intellectual property rights and cite to the relevant provisions of law.
Please refer to the answer to the previous question no. 37.
39. Please describe in detail how Egypt implements the remaining provisions of Section 4 of
Part III of the TRIPS Agreement, citing to the relevant provisions of law.
Please refer to the answers to the previous questions nos. 35, 36 and 37.
40. Please describe in detail the criminal actions and remedies that are available under Egypt's
laws with respect to counterfeit trademarked goods and pirated copyrighted works and cite to the
relevant provisions of law.
The TRIPS Agreement binds WTO Members to provide the criminal procedures and penalties
in cases of wilful trademark counterfeiting or copyright piracy on a commercial scale.
As to the penalties, the Agreement stipulated the imprisonment and/or fine and the seizure of
the infringing goods or any tools or equipment used in committing the crime, or destroying the
infringing goods.
With reference to the new draft law of Egypt, article 114, enumerates the forms of
infringement with respect to trademarks and geographical indications; and provides that the infringershall be punished with imprisonment for a period of no less than two months and a fine of L.E. 5,000-
20,000 or one of the two penalties where the crime is committed for the first time. In case of
recurrence of any form of infringement, the penalty will be imprisonment for not less that two months
and a fine of L.E. 10,000-50,000.  The seizure of infringing goods is to be ordered in all cases.  The
judicial authority may also decide to order the cl osure of the business; the closure being mandatory in
case of recurrence.  As to the copyright, the penalties, (article 179) are imprisonment for a period of
no less than one month and a fine of L.E. 5,000-10,000 or either of the two penalties where the crimeis committed for the first time.  It also stipulates that the imprisonment shall be binding for a period of
no less than 3 months together with a fine of L.E. 10,000-50,000 in case of recurrence.  The same
article also stipulates the imposition of multiple penalties.  It obligates, in all cases, seizure of the
infringing copies and the tools and equipment used  in committing the crime and destruction of the
pirated copies together with publishing a summary of the issued verdict in one daily paper or more atthe expense of the person found guilty.  The article permits closure of the establishment for a period
of not more than six months in case of committing the crime for the first time; the closure is
obligatory in case of return.IP/C/W/278
Page 21
41. Please indicate the authorities responsible for criminal actions involving intellectual property
rights and indicate whether their authority extends to other forms of intellectual property rights.
These authorities include police units located within some departments of the Government.
Furthermore, the draft IPR law states that the Minister of Justice shall issue a decree
specifying the Law Enforcement Agencies for implementation of the provisions of such law.
There is also the role of public prosecution as an authority of investigation, and the
misdemeanour courts according to their local jurisdiction. It is to be noted that the person exposed to
damage can resort directly to a misdemeanour court through direct prosecution and the jurisdiction of
these authorities extends to other areas of intellectual property rights if their jurisdiction was
criminally decided.
42. Please explain whether and under what circumst ances seizure, forfeiture and destruction of
infringing goods and any materials and implements are available as remedies in wilful trademark
counterfeiting or copyright piracy cases and describe the conditions under which such penalties
would be imposed.
Please consider the answer given to the previous question no. 40.
43. Please provide statistical information related to civil copyright, trademark, geographical
indication, industrial design, patent, integrated circuit layout-design, and trade secret enforcementfor each of the years 1998 and 1999, including the number of cases filed;  injunctions issued;
infringing products seized;  infringing equipment seiz ed;  cases resolved (including settlement);  and
the amount of damages awarded.
The general statement given during the review session will include a response to this
question.
44. Please provide statistical information related to criminal enforcement in the area of copyright
piracy and trademark infringement for each of  the years 1998 and 1999, including the number of
raids, prosecutions, convictions, and the amount of fines and/or jail terms (including whether the fines
were paid and whether the jail term was actually served or was suspended) and any other information
establishing that the criminal system operates ef fectively to deter copyright piracy and trademark
counterfeiting.
The general statement given during the review session will include a response to this
question.
45. Please describe any new initiatives that are planned to improve enforcement of intellectual
property rights in Egypt, particularly initiatives related to criminal enforcement.
The Government, in the draft of the new law on protecting intellectual property rights,
established provisions to guarantee the criminal procedures for all areas of intellectual property.  Thematter is being submitted to the People's Assembly to decide whether the criminal procedures shall be
limited to what is required by TRIPS only, or will be extended to all other areas.
In addition, the abilities of the authorized seizure bodies have been greatly improved through
training courses and provision of the necessary materials and equipment.  Moreover, intensive training
courses were conducted for public prosecution personnel and judges so that they could acquire theskills necessary for investigating and deciding in cases related to protecting of intellectual property
rights.IP/C/W/278
Page 22
Furthermore, since Egypt acceded to the TRI PS Agreement, an active campaign to spread
public awareness on intellectual property rights through public advocacy, instruction and training
programs. This is evidenced, as one example, by the creation of a center for intellectual property
rights studies in the form of a non-government al organization which receives support form the
Council of Ministers.
__________