WORLD TRADE  
ORGANIZATION  IP/Q/EGY/1 
IP/Q2/EGY/1 
IP/Q3/EGY/1 IP/Q4/EGY/1 
11 October 2005 
 
(05-4585) 
Council for Trade-Related Aspects of Intellectual Property Rights Original:  English 
 
   
REVIEW OF LEGISLATION 
 
EGYPT
1 
  
 The present document reproduces the introductory statement made by the delegation of Egypt, the questions put to it and the responses give n in connection with the review of legislation 
initiated at the Council's mee ting of 18 to 22 June 2001.
2 
 
_______________ 
 
 
I. INTRODUCTORY STATEMENT 
It is indeed a privilege and honour to a ddress the Council for TRIPS in this important 
meeting, to review the national implementing legisl ation of a number of countries including Egypt. 
 
At the outset, I would like to emphasize that Egypt has a long history in the field of 
intellectual property.  Egypt participated in the Paris Conference in 1883, which set the grounds for 
drafting the Paris Convention on the protection of industrial property.  Egypt also participated in the 
Berne Conference, which resulted in  the Berne Convention on copyright. 
 
Even a long time before these laws were in pl ace, the Egyptian judiciary applied the rules of 
equity and principles of natural law to protect inte llectual property rights, without having at that time 
any specific rules or agreements. 
 
Recently, Egypt has enacted Law No. 57 of 1939 relating to the protection of trademarks, 
Law No. 32 of 1949 for patents and industrial designs as well as the copyright protection in 1994.  
I would like to add that Egypt is possibly one of few countries that abides by as many as 25 
international intellectual property agreements, of wh ich 17 are on copyright and eight on industrial 
property protection, in addition to the TRIPS Agreement.  
I will now give a brief account of what has been  done during the past few years.  I refer, of 
course, to working towards issuing an Egyptian law for protecting intellectual property rights that is 
consistent with the provisions of the TRIPS Agreemen t, whilst not losing sight of the interests of the 
people of Egypt.  
                                                     
 
1 As regards laws and regulations notified by Egypt und er Article 63.2 of the Agreement, reference is 
made to documents IP/N/1/EGY/1 and Add.1, IP/N/1/EGY/2. 
2 The minutes of this meeting have been circulated as document IP/C/M/32. IP/Q/EGY/1, IP/Q2/EGY/1, 
IP/Q3/EGY/1, IP/Q4/EGY/1 Page 2 
 
 
Being a developing country and at the same time a WTO Member, Egypt sees many 
challenges posed by the new world economic order, and also sees opportunities offered by the same 
world order.  It is for these reasons that much time  and effort was exerted in order to balance rights 
and obligations in the light of existing a nd prospective challenges and opportunities. 
 
 The new legislation of Egypt on the protection of  intellectual property rights is still in a draft 
form.  It was approved in principle by the People's Assembly (Egypt's Parliament) on 16 July 2001.  It 
has gone through many phases of development since th e initial drafting of its various sections by the 
government departments concerned with the different  areas of intellectual property.  It was also 
necessary to seek the opinion of various NGOs, trade unions, professional associations and learned 
societies which all provided valuable inputs.  As  a culmination of the lengthy ascending process, the 
draft law was considered by the Shura Council, which is the consultative house in the Egyptian 
Parliamentary System, where significant alterations were recommended.  Thereafter, the draft law was submitted to the People's Assembly where it had first to be considered by the specialized committees 
and was actually changed wherever that was deemed  fitting.  The draft has been submitted to the 
People's Assembly Plenary for a conclusive and fina l debate before its formal enactment as the IPR 
law of Egypt.  
 Because of the foregoing history, it is n ecessary, therefore, to make it clear that any 
expressions made in the present review will not refl ect the final language of the IPR law but, rather, 
will reflect the predominant trend as it is today.  It  is unlikely that the final debate in the People's 
Assembly will result in major cha nges.  However, the nature of th ese changes cannot be predicted at 
the present time.  There is also the possibility that relocation of some Articles or their re-numbering 
will take place.  The overriding commitment of ab iding by the TRIPS essential obligations remains, 
however, central in the frame of mind of all parties involved. 
 
 It is also to be noted that, in the present discourse, slight references are being made to the 
current law provisions on patents, industrial desi gns and models, trademar ks and copyright.  The 
reason is that these are about 50 year old pieces of le gislation that are going to be superseded in the 
next few months by the new comprehensive legisla tion covering all areas of intellectual property as 
prescribed in Part II of the TRIPS Agreement, in addition to the area of plant varieties. 
 
 As to the issue of enforcement of IPR, Egypt is making a serious effort to improve 
enforcement of intellectual property rights, for example:  
-  The Ministry of Culture's copyright inspectors and Ministry of Interior police have 
undertaken over 5800 enforcement actions in 1999. 
 - This has resulted in the confiscation of over 850,000 items in 1999, nearly double the 
number of items seized in 1997. 
 - Criminal enforcement has more than doubled in the past year, both in absolute 
numbers of actions taken and in the percenta ge of cases where criminal prosecution is 
sought. 
 - Enforcement has given a greater emphasis to seizing items used in the production of 
pirated works. 
 
- Egyptian courts have begun to hand down heavier penalties for copyright 
infringement, as shown by two recent case s handing down six-month prison terms 
(the maximum penalty). 
 IP/Q/EGY/1, IP/Q2/EGY/1, 
IP/Q3/EGY/1, IP/Q4/EGY/1 
Page 3 
 
 
- The government of Egypt is also working to reduce copyright piracy through other 
channels, such as the recent agreement w ith some major companies to legitimize 
software handling in the business sect or and in educa tional institutions. 
 
 Let me now say a few words on the structure of our new law on the protection of IPR as this 
is in fact a unified law that will supersede all cu rrent existing laws that provide protection separately 
for copyright and related rights, trademarks, pate nts and industrial designs.  The new unified law, 
which is quite voluminous, embraces all areas of IP R as covered in Part II of the TRIPS Agreement, 
in addition to protection of plant va rieties.  It is divided into four  major sections, largely reflecting the 
government departments which will be responsib le for implementation and serving the parties 
involved in enforcement.   - The first section covers industrial propert y areas of patents and utility models, layout-
designs of integrated circuits and undisclosed information.   
 
 - The second section contains provisions  which address trademarks, geographical 
indications and industrial designs. 
 
- The third section is dedicated to copyright and neighbouring rights.    
- The fourth section is concerned with the pr otection of plant varieties and plant genetic 
resources and traditional knowle dge as related to plants. 
 
Needless to say, all the provisions set out in th e first three sections are based on the specific 
international agreements to which Egypt is a party.  The fourth section, which constitutes a sui generis 
system of plant variety protection dealing with breeders' rights and farmers' rights, is essentially 
founded on the 1991 UPOV Convention to which Egypt is not yet a party.  It also benefits from the 
stipulations of the 1992 Convention on Biological Diversity to which Egypt is already a party.  
 There are two other points that need to be emphasi zed.  The first relates to the fact that Egypt 
is committed to comply with the provisions of any in ternational or bilateral ag reement it enters into -  
this is true as regards all IPR -related agreements, including the Paris, Berne and Washington treaties 
and conventions.  It is a constitutio nal obligation in Egypt which must be respected that the provisions 
of such treaties and conventions be treated as provisions  of any national law.  It is for this reason that 
some issues have not been directly addressed in the new draft law. 
 
 The other point that we wish to emphasize is  that we would be prepared to consider 
suggestions or views provided by any party, particularly as regards to those new areas of IPR that have been introduced by the TRIPS Agreement.  This is particularly needed in the areas of layout-
designs of integrated circuits, plant varieti es, geographical indications, micro-organisms and 
undisclosed information.  Very shortly, after the enactment of the new law in the People's Assembly, 
we will embark on the exercise of drafting the executive regulations.  It is here that there will be room 
for using technical assistance from Member states and the organizations that have practical experience 
in implementation.  
 By meeting the international IPR obligations in  the TRIPS Agreement, Egypt is ensuring that 
it will improve conditions for foreign direct invest ment, technology transfer, and also improve the 
general health and welfare of the Egyptian people.  In anticipation, we thank all those who wish to 
extend their assistance and cooperation.   IP/Q/EGY/1, IP/Q2/EGY/1, 
IP/Q3/EGY/1, IP/Q4/EGY/1 Page 4 
 
 
II. RESPONSES TO QUESTIONS POSED BY CANADA 
1. Please describe how the enforcement obligations (Articles 41-61 of the TRIPS 
Agreement and throughout) have been implemented.  
 Please see our response to question 9 posed by  the European Communities and their member 
States (document IP/C/W/278/Add.1). 
2. What protection does your Copyright legislation afford to "foreign works"? 
 
 Please see our response to question 1 posed by Japan (document IP/C/W/278). 
 
3. We understand that draft copyright, trad emark, patent and integrated circuit 
topography legislation is pending. 
  (a) When is such legislation likely to be effectively implemented?  
 (b) What are the key improvements introduced by such legislation in respect of 
TRIPS obligations? 
  (c) With respect to the draft copyright le gislation please describe how the following 
are protected, and how such protection accords with TRIPS obligations:  
 
(i) sound recordings; 
   (ii) computer programs; 
 
    (iii) audiovisual works; and 
   (iv) anonymous works, and the term of protection.   (d) With respect to the draft copyright le gislation please describe the compulsory 
licence provisions, if any, specifically as they relate to computer programs and 
audiovisual works, and how such prot ection accords with TRIPS obligations. 
 
 Please see our responses to questions 3, 4, 5, 6, 7, 40 and 41 posed by the European 
Communities and their member States (document IP/C/W/278/Add.1).  
 
III. RESPONSES TO QUESTIONS POSED BY  THE EUROPEAN COMMUNITIES AND 
THEIR MEMBER STATES 
A. G
ENERAL PROVISIONS  
1. Please describe if your legislation includes me asures necessary to protect public health 
and nutrition, and to promote the public interes t in sectors of vital importance to your socio-
economic and technological development as mentioned under Article 8 of the TRIPS 
Agreement.  If yes, please explain how such me asures are consistent with the provisions of the 
TRIPS Agreement. 
These measures, as necessary to protect public health and nutrition and to promote public 
interest in sectors of vital importance to so cio-economic and technological development (TRIPS 
Article 8), are explicitly or implicitly indicated in several locations in the Agreement.  Their IP/Q/EGY/1, IP/Q2/EGY/1, 
IP/Q3/EGY/1, IP/Q4/EGY/1 
Page 5 
 
 
reflections are to be found in the law provision s (still in draft form) where they are meant and 
expected to produce effects that are concordant with the spirit and letter of the Agreement.  
The following are some examples of the draft law provisions which show consistency with 
the Agreement provisions in these areas: 
- criteria of, and exclusions from patentability (1 and 2);  
- permissible exceptions to the right holders' rights (11);  - disclosure of the invention (14) and of the layout-designs of integrated circuits (50);  
- compulsory licensing (25 and 26). 
Follow-up question:
 
 
In the responses to the questions initially posed by the European Communities and their 
Member States on many occasions reference is made to a new/modified Law which is still in 
draft form.  In April 2001 an informal draft on  the Proposed Shura Council Changes in the IPR 
Code was circulated amongst the WTO Members.  Please state when it is expected that the 
amendments to the existing IPR Code will be implemented.  Please state whether the 
amendments still concern the same ones as  those that circulated in April 2001.  
 The process of making laws in Egypt requires goi ng through several steps which involve:  (a) 
The preparation of an initial proposal by the competen t authority or institution;  (b) The preparation of 
a draft legal instrument by the Legislative Department of the Ministry of Justice;  (c) debate over the 
proposal in the popular fora of concern;  (d) review  by the Cabinet;  (e) debate in the Shura Council 
plenary (after prior consideration in the specialized  committee(s) of that Council);  and finally;  (f) 
more elaborate debate in the People's Assembly (PA) plenary (after prior consideration in the specialized committee(s) of the PA).   This sequence of events has been strictly a dhered to particularly in view of the special 
importance of the issues of intellectual property right s (IPRs) and its relevance to Egypt's international 
commitments and obligations under the TRIPS Agreem ent.  The need to ensure the widest popular 
participation in an ascending democratic process has le d to using more time than is usually needed for 
ordinary laws of purely domestic  nature and local implications. 
  As of March 2002, the debate in the PA plenary over the draft IPRs Code (that was previously 
reviewed and changed as deemed necessary by the Shura Council) has covered considerable ground 
(perhaps more than 60%).  New amendments have been introduced and approved at several locations.  
These include some of those previously considered by the Shura Council, in addition to new ones.  
Our estimate is that the PA plenary deliberations over the new (unified) law draft on the protection of 
IPRs will be completed and the law will be read y for implementation some time during June-July, 
2002. 
 IP/Q/EGY/1, IP/Q2/EGY/1, 
IP/Q3/EGY/1, IP/Q4/EGY/1 Page 6 
 
 B. C
OPYRIGHT AND RELATED RIGHTS  
2. Please state how your legislation provides for the protection of the exclusive rights of 
authors in relation to their literary and artistic works, as specified in Article 9 of the TRIPS 
Agreement which requires Members to comply with  Articles 1-21 of the Berne Convention and 
the Appendix to the Berne Convention (1971)). 
Our draft law provides a monopoly in favour of the author.  Such monopoly enables the 
author to be paid against any act of exploitation of his work(s).  Hence all acts of performing and 
reproduction are subject to a prior approach of the author.  
3. Please describe the protection accorded to authors of computer programs, databases or 
compilations of data. 
Our draft law considers computer programs, databases and compilations of data as literary 
works.  Here it is protected against any act of exploitation.  
4. Please state whether your legislation provides fo r a rental right and, if so, the works to 
which it applies. 
Rental rights are granted to authors of all ki nd of works and Article 11 of TRIPS Agreement 
shows the answer as follows: 
 Article 11 - Rental Rights  
 
In respect of at least computer programs and cinematographic works, a Member shall provide 
authors and their successors in title the right to authorize or to prohibit the commercial rental 
to the public of originals or copies of their copyright works.  A Member shall be excepted 
from this obligation in respect of cinemat ographic works unless such rental has led to 
widespread copying of such works which is materially impairing the exclusive right of 
reproduction conferred in that Member on authors and their successors in title.  In respect of 
computer programs, this obligation does not apply to rentals where the program itself is not 
the essential object of the rental. 
 Article 14 - Protection of Performers, Produ cers of Phonograms (Sound Recordings) and 
Broadcasting Organizations  
 1. In respect of a fixation of their performance on a phonogram, performers shall have 
the possibility of preventing the following acts wh en undertaken without their authorization: 
the fixation of their unfixed performance and the reproduction of such fixation.  Performers 
shall also have the possibility of preventing the following acts when undertaken without their 
authorization: the broadcasting by wireless means and the communication to the public of their live performance. 
 
 2. Producers of phonograms shall enjoy the right to authorize or prohibit the direct or 
indirect reproduction of their phonograms. 
  3. Broadcasting organizations  shall have the right to prohibit the following acts when 
undertaken without their authorization: the fi xation, the reproduction of fixations, and the 
rebroadcasting by wireless means of broadcasts, as well as the communication to the public of 
television broadcasts of the same.  Where Members do not grant such rights to broadcasting 
organizations, they shall provide owners of copyright in the subject matter of broadcasts with IP/Q/EGY/1, IP/Q2/EGY/1, 
IP/Q3/EGY/1, IP/Q4/EGY/1 
Page 7 
 
 
the possibility of preventing the above acts, subj ect to the provisions of the Berne Convention 
(1971). 
  4. The provisions of Article 11 in respect of computer programs shall apply mutatis 
mutandis to producers of phonograms and any/ other right holders in phonograms as 
determined in domestic law.  If, on the date  of the Ministerial Meeting concluding the 
Uruguay Round of Multilateral Trade Negotiations , a Member has in force a system of 
equitable remuneration of right holders in r espect of the rental of phonograms, it may 
maintain such system provided that the commercial rental of phonograms is not giving rise to 
the material impairment of the exclusive rights of reproduction of right holders. 
  5. The term of the protection availabl e under this Agreement to performers and 
producers of phonograms shall last at least until the end of a period of fifty years computed from the end of the calendar year in which the fixation was made or the performance took 
place.   The term of protection granted pursuant to paragraph 3 above shall last for at least 
twenty years from the end of the calendar year in which the broadcast took place. 
 
6. Any Member may, in relation to the ri ghts conferred under pa ragraphs 1-3 above, 
provide for conditions, li mitations, exceptions and reservations  to the extent permitted by the 
Rome Convention.  However, the provisions of Article  18 of the Berne Convention (1971) 
shall also apply, mutatis mutandis, to the rights of performers and producers of phonograms 
in phonograms.  
5. Please describe the rights granted to p erformers, producers of phonograms (sound 
recordings) and broadcasting organisations under your legislation. 
 Articles 154-155-156 of the Egyptian law for th e protection of intellectual property rights 
show the answer as follows: 
 
Article 154
 
 Performers shall enjoy the following exclusive economic rights: 
  (1) communicate their performance to the pub lic, authorize the making available to the 
public, renting or lending the original fixation or copies of their performance; 
  (2) prevent any exploitation of their perfo rmance in any manner with out prior written 
authorization, including, in particular fixati on of such live performances on a medium, rent 
with the purpose of making direct or indirect commercial profit or public broadcasting of such 
fixation; 
  (3) rent or lend the original or copies of their performance with the purpose of achieving 
a direct or indirect commercial goal, regardless  of the ownership of the original or rented 
copies 
 
 (4) make fixation of a performance availa ble to the public by broadcasting, through 
computers or other means of technology in such a way to enable the individual reception at any time or place. 
  The provisions of this Article shall not a pply on fixations of performances included in 
audiovisual fixations of performers 
 IP/Q/EGY/1, IP/Q2/EGY/1, 
IP/Q3/EGY/1, IP/Q4/EGY/1 Page 8 
 
 
Article 155
 
 Producers of sound recordings shall enjoy the following exclusive economic rights: 
  (3) prevent any exploitation of their reco rdings in any manner, without prior written 
authorization, including, in particular, reproduc tion, renting, broadcas ting or making available 
through computers, or other means of technology, of such recording; 
 
(4) making a sound recording available to th e public by wire or wireless means or 
through computers or any other means of technology. 
 Article 156
 
  Broadcasting organizations shall enjoy the following exclusive economic rights:  
(3) Authorize the exploitation of their recordings; 
 
(4) Prevent any communication to the public , without prior written authorization, of 
their television recordings, including in pa rticular, fixation, reproduction, renting 
or wireless rebroadcasting or communicating such works to the public. 
 
6. Please state whether your legislation provides for any limitation or exception in relation 
to each of the rights described above in acco rdance with the relevant provisions of the Berne 
and Rome Conventions and in light of Arti cles 13 and 14.6 of the TRIPS Agreement. 
 Articles 157-168-169-170-171 state the following: 
 
 Article 157
 
 
 Without prejudice to the exclusive rights pr ovided for in this law, performers and 
broadcasting organizations shall enjoy the right  to a single equitable remuneration for the 
direct or indirect use of broadcast works published for commercial purposes for broadcast or communication to the public. 
 
 Article 168
 
  Any person may request from the competent mini stry to be granted a private licence for the 
reproduction and/or translation of any work  protected under this Law, without the 
authorization of the author and for the purposes i ndicated in the next paragraph, to the extent 
that such licence is not in contradiction with the normal exploitation of the work or does not 
unreasonably prejudice the legitimate interests of  the author or the copyright holders and 
provided that a fair remuneration is paid to the author or his successor. 
 
 Article 169
 
 
 Without prejudice to the moral rights of the author under this Law, the author may not prevent 
third parties from carrying out any of the following acts after the publication of the work: 
 
 First:  Perform the work in family gatherings, private clubs or educational institutions, to the 
extent that no direct or indirect  financial remuneration is obtained; 
 IP/Q/EGY/1, IP/Q2/EGY/1, 
IP/Q3/EGY/1, IP/Q4/EGY/1 
Page 9 
 
 
 Second:  Make a single copy of the work for mere personal use; such a copy shall be made 
within the limits allowed by the normal expl oitation of the work or unreasonably prejudices 
the legitimate interests of me author or copyright holders. 
  However, the author may prevent third par ties from carrying out any of the following acts, 
after the publication of the work and without his authorization: 
  - reproducing or copying works of fine or applied arts or works of architecture; 
 
 - reproducing or copying of all or a substantial part of the notes of a musical work;  
 - reproduction or copying all or a substa ntial part of a database or elements. 
 
 Article 170
 
 
 Without prejudice to the moral rights of the author under this Law, the author or his successor 
may not prevent newspapers, periodicals or br oadcasting organizations, as required by its 
objectives, from doing the following: 
 
 First:  Publishing short extracts from works le gally made available to the public, published 
Articles on political, economic, scientific or religious topical issues, provided that no indication prohibiting such publication was made by the author when publishing the work; in 
such cases, the source and the name of the concerned author shall be mentioned. 
  Second:  Publishing speeches, lectures or addresses delivered in public sessions of the 
parliament, legislative or administrative bodies or scientific, literary, artistic, political, social 
or religious meetings, to the extent that such  speeches, lectures or addresses are intended for 
the public, including speeches delivered during public legal proceedings. 
 
 However, the author alone or his successor sha ll have the right to make collections of such 
works, for which he shall be entitled to claim authorship. 
 
 Third:  Publication of extracts of an audio, vi sual or audiovisual work, made available to the 
public, in the course of covering current events. 
  Article 171
 
 
 Restrictions on the author's economic rights, acco rding to this Law shall apply to holders of 
related rights. 
 
7. Please state the terms of protection of ea ch right described above and the work or 
subject matter to which it applies. 
 Articles 158-159-161-162-163-164-165-166 state the following: 
 
 Article 158  
  The author's economic rights provided for in th is Law shall be protected throughout the life 
time of the author and 70 years from the end of the year during which the author dies. 
 IP/Q/EGY/1, IP/Q2/EGY/1, 
IP/Q3/EGY/1, IP/Q4/EGY/1 Page 10 
 
  Article 159
 
 
 The economic rights relating to works of joint authorship shall be protected throughout the 
lives of all co-authors and 70 years from the end of the year during which the last survivor 
among the co-authors dies. 
  Article 160
 
  Where the copyright holder is a legal entity, the economic rights relating to authors of a 
collective works, other than authors of works of  applied art, shall be protected for 70 years 
from the end of the year during which the work was published or made available to the public 
for the first time, which ever comes last.  Wher e the copyright holder is a natural person, the 
term shall be calculated according to the rule  provided for in Article 158 and Article 159. 
 
 The economic rights relating to a work published for the first time after the death of the 
author shall expire after 70 years from the end of the year during which the work was 
published or made available to the public for the first time, whichever comes last. 
 
Article 161
 
The economic rights relating to a work publishe d anonymously or under pseudonym shall be 
protected for a period of one year from the end of the year during which the work was 
published or made available to the public for the first time, which ever comes last, unless the identity of the author is know n and established or revealed by the author, in which case the 
term of protection shall be calculated accord ing to the rule provided for in Article 158. 
 
 Article 162
 
 
 The economic rights of the author of a work of  applied art shall expire after a period of 25 
years from the end of the year during which th e work was published or made available to the 
public for the first time, whichever comes last. 
 
 Article 163  
 
 In cases where the term of protection is cal culated from the date on which the work was 
published or made available to the public for the first time, the term shall be calculated taking 
into consideration the date that comes last, regardless of any further publication or making 
available to the public, unless substantial changes are made by the author in the work so that 
it may be considered as a new work. 
 
 Where the work consists of more than one  part or volume published separately and at 
intervals, each part or volume shall be consid ered as an independent work for the calculation 
of the term of protection. 
  Article 164
 
 
 Performers shall enjoy an exclusive economic ri ght for the exploitation of their performances, 
as stipulated by Article 154, for a period of 70 years calculated from the end of the year 
during which the performance or the recordin g takes place, within the provided limits. 
 IP/Q/EGY/1, IP/Q2/EGY/1, 
IP/Q3/EGY/1, IP/Q4/EGY/1 
Page 11 
 
 
 Article 165  
 
 Producers of sound recordings shall enjoy an  exclusive economic right to exploit their 
recordings, as stated in Article 161, for a period of 70 years calculated from the end of the year during which the recording was made or made public, within the limits provided for in 
this Law. 
  Article 166
 
 
 Broadcasting organizations shall enjoy an excl usive economic right to exploit their programs, 
for a period of 20 years calculated from the end of the year during which the program was 
broadcast for the first time. 
 
8. Please state how your legislation grants the retroactive protection provided pursuant to 
Article 18 of the Berne Convention (the obligation of which derives from Article 9 of the TRIPS 
Agreement) and Article 14.6 of the TRIPS Agreement. 
 According to Article 9 of the TRIPS Agreement: 
  "1. Members shall comply with Articles 1 through 21 of the Berne Convention (1971) 
and the Appendix thereto.  However, Members sha ll not have rights or obligations under this 
Agreement in respect of the rights conferred under Article 6 bis of that Convention or of the 
rights derived therefrom. 
  2. Copyright protection sh all extend to expressions and not to ideas, procedures, 
methods of operation or mathematical concepts as such." 
  Article14.6 of the same Agreement refers to that saying:   "6. Any Member may, in relation to the ri ghts conferred under para graphs 1, 2 and 3, 
provide for conditions, li mitations, exceptions and reservations  to the extent permitted by the 
Rome Convention.  However, the provisions of Article 18 of the Berne Convention (1971) 
shall also apply mutatis mutandis, to the rights of performers and producers of phonograms in 
phonograms." 
 
Article 18 of the Berne Convention (1971) provides: 
 "[Works Existing on Convention's Entry Into For ce:  1. Protectable where protection not yet 
expired in country of origin;  2. Non-protectab le where protection already expired in country 
where it is claimed;  3. Application of these principles; 4. Special cases] 
  (1) This Convention shall apply to all works which, at the moment of its coming into 
force, have not yet fallen into the public domain in  the country of origin  through the expiry of 
the term of protection. 
  (2) If, however, through the expiry of th e term of protection which was previously 
granted, a work was fallen into the public domain  of the country where protection is claimed, 
the work shall not be protected anew. 
 
 (3) The application of this principle shall be subject to any provisions contained in 
special conventions to the effect existing or to be concluded between countries of the Union.  
In the absence of such provisions, the respectiv e countries shall determine, each in so far as it 
is concerned, the conditions of application of this principle. IP/Q/EGY/1, IP/Q2/EGY/1, 
IP/Q3/EGY/1, IP/Q4/EGY/1 Page 12 
 
  (4) The proceeding provisions shall also appl y in the case of new accessions to the Union 
and to cases in which protection is extended by the application of Article 7 or by the abandonment of reservations." 
 9. Please explain how your legislation provides for effective means of enforcement of the 
level of protection of Article 14.2 of the TRIPS Agreement with regard to licensing and, in particular, how Egyptian authorities authenticate that only licensing agreements involving the legitimate licensors are actually recognised as  enabling Egyptian companies to manufacture 
and/or distribute music recordings.  In additi on, please explain what legal means are available 
to the legitimate licensor of music recordings to  prevent recognised and yet unlawful licensees to 
continue to unlawfully manufacture/distribute music recording. 
 Articles 177, 178 and 179 of the draft law provide the following: 
  Article 177
 
 
 In case of infringement of any right provided for in this Law, the Chief of the court having 
jurisdiction, upon a request made by the right holder shall order the following measures or 
any other appropriate preventive measures: 
  (1) Drawing a detailed description of the work, the performance, the audio recording or 
the broadcast program; 
  (2) Suspension of publication, exhibition, reproduction or manufacturing of the work, the 
performance, the audio recording or the broadcasting program; 
 
 (3) Seizure of the original copy, or copies, of the work, audio recording or broadcasting 
program and seizure of the material used for the republication or reproduction of such work, 
performance, audio recording or broadcasting pr ogram, provided that such material could be 
used only for such republication of the work, performance, audio recording or the 
broadcasting program; 
 
 (4) Establishing infringement of a protected right; 
  (5) Assessing and, in all cases, seizure of the income made as a result of the exploitation 
of the work, the performance, the audio recording or the broadcasting program. 
  In all cases, the Chief of court may designate one or more experts to assist the bailiff in 
charge of the execution of such measures.  The Chief of the court shall require from the 
requesting party to make an appropriate financial deposit. 
 
 Where the requesting party fails to submit the merits of the case to the court having 
jurisdiction, within 15 days following the gran t of the order, such order granted upon request 
shall cease to have effect. 
 
 Article 178
 
 
 The person against whom an order was granted ma y appeal to the Chief of the court, within 
30 days from the date of the grant of that order,  the chief of the court may confirm or repeal 
the order totally or partly or designate a custodian for the re-publication, exploitation, 
exhibition, manufacturing or reproducing of the work, audio recording or broadcasting 
program.  The resulting income shall be kept in the court's treasury until a decision on the 
merits of the case is rendered. IP/Q/EGY/1, IP/Q2/EGY/1, 
IP/Q3/EGY/1, IP/Q4/EGY/1 
Page 13 
 
 
 Article 179  
 
 Without prejudice to any severe sanction under any other law, any person who commits any 
of the following acts shall be punishable by imprisonment for a period of not less than one month and by a fine not less than LE5,000 and not more than LE10,00 0, or any of those 
sanctions: 
  First:  Selling, renting or putting in circulation,  under any form, a work, an audio recording or 
a broadcast protected under this law, without a prior written licence from the author of the 
owner of the related right; 
 
 Second:  Imitating, selling, offering for sale, ci rculation or rent, a work, an audio recording or 
a broadcast, knowing that it is an imitation; 
 
 Third:  Imitating in the country, selling, offering for sale or circulation, renting or exporting to 
a foreign country a work, an audio recording or a broadcast published in a foreign country, 
knowing that it is an imitation; 
  Fourth:  Publication, making available to th e public, making available to the public through 
computer networks, Internet, information networks, communication networks and other 
means of technology a work, an audio record ing, a broadcast or a performance protected 
under this law, without a prior written licence fro m the author or the owner of the related 
right; 
  Fifth:  Manufacturing or importing for sale or rent any equipment or implements specially 
designed or made to circumvent a technical prevention used by the author or the owner of the 
related right; 
 Sixth:  Removing, altering or render defective,  in bad faith, any technical protection used by 
the author or the owner of the related rights; 
  Seventh:  Infringing any of the moral or econom ic copyrights or related rights provided for in 
this Law. 
 
 Sanctions shall be granted according to the number of infringed works, sound recordings, 
broadcasts or performances. 
 In case of repetition, the sanction shall consis t of imprisonment for a period of not less than 
one month and a fine not less than LE10,000 and not more than LE50,000. 
  In all cases, the court shall order the confi scation of the infringing copies, those obtained as a 
result of infringement, equipment and impl ements used to commit the infringement. 
  In case of conviction, the court may also orde r the closure of the establishment used by the 
infringing person to commit his infringing, for a period of not more than six months. 
  In case of repetition, the closure shall be oblig atory, in the infringements provided for in item 
2 and item 3 of this Article. 
  The court shall order the publication of a summary of the convicting sentence in one or more 
newspapers at the expense of the convicted person. 
  In all cases, the court shall order the destruction of the imitated copies. 
 IP/Q/EGY/1, IP/Q2/EGY/1, 
IP/Q3/EGY/1, IP/Q4/EGY/1 Page 14 
 
 C. T
RADEMARKS  
10. Please give the definition of a sign under your national legislation and explain under 
what conditions it is protectable. 
 The new IP draft does not define the word "sign".  Under draft Article 64 the definition of the 
expression "trademark" is very broad and does not lim it the types of signs that may be considered a 
trademark.  Instead, the focus is on distinctiven ess.  However, Article 64 contained a non-exhaustive 
list of signs.  It particularly includes names havi ng a distinguishing nature, signature, 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 sued to identify a product or ser vice, of one undertaking from those of another. 
 
11. Please confirm whether or not services are a protectable subject matter in your 
trademark law.  Please confirm if signs, such as  trade names, are protectable.  Please describe if 
elements such as sound, perfumes and containers are protectable. 
 Under draft Article 64, a trademark is all that  distinguishes and identifies a product or service, 
of one undertaking from those of another.  Signs as trade names are protectable  as far as they have a 
distinguishing nature.   In all cases, the trademark must be visually pe rceptible, therefore, elements such as sounds, 
perfumes and the like are not registrable as trademark. 
 
12. Please explain what the requirements of use are, if any, as a condition for a trademark 
registration.  Please explain the definition of  use and the conditions of maintenance of a 
registration in that respect. 
 To register a trademark, under the new IP dr aft law, a written application should be submitted 
to the Trademark Office indicating th e class or classes of the goods or services the mark is to be used 
to identify.  The mark shall be registered for one or more classes of the products produced, or 
intended to be produced, by the applicant (draft Ar ticle 75).  Therefore, under the draft Law there is 
no previous use requirement to register a trademark.   However, once the trademark is registered, it 
should be used.  The trademark registration may be  revoked for failure by the proprietor, or any 
person with his consent to make genuine use of the ma rk in Egypt in relation to the specified goods or 
services in any three years period after its registration (draft Article 91). 
  Although, the IP draft does not define the term  "use", use is generally understood as meaning 
the sale or offer for sale of goods bearing the trademark.  Follow-up question:
 
 
In Article 91 of the new draft IP Code, it is said that the trademark registration may be 
revoked for failure to make genuine use of the ma rk in Egypt in relation to the specified goods 
or services in any three year period after its regis tration.  Please describe what use constitutes 
'genuine use'.  Please explain whether resumed use after an uninterrupted period of three years 
of non-use, may lead to a revival of the exclusive rights. 
 Under Article 91 of the Egyptian IP code, wh ich entered into force on 3 June 2002, "(the 
competent court may, upon request by any interested party, issue an enforceab le decision to cancel the 
registration if it is proven that the mark has not b een genuinely used for a period of five consecutive 
years without justification." 
 IP/Q/EGY/1, IP/Q2/EGY/1, 
IP/Q3/EGY/1, IP/Q4/EGY/1 
Page 15 
 
 
 The word "genuinely" refers to the seriousness of the use by the proprietor or any person with 
his consent.  The competent court has discretion to decide this question.  However, the court has to 
take into account the reasons and justifications fo r non-use.  If the competent court decides to revoke 
the trademark for non-use for an uninterrupted period of five years without justification, the resumed use per se  does not lead to the revival of the exclusiv e rights.  However, under Article 92 of the IP 
Code, "a cancelled mark may be re-registered - in fa vour of its owner exclusively - within three years 
from the date of the cancellation, according to  the prescribed conditions and same procedure 
registration." 
 
13. Please confirm whether or not your legislation permits that the registration of 
trademarks be indefinitely renewable. 
 Under draft Article 91, a registered mark shall be protected for a period of ten years 
renewable for another period or periods.  Therefor e, it is clear that the draft permits that the 
registration be indefinitely renewable. 
 
14. Please describe the special requirements, if any, prescribed by your legislation 
concerning the use of a trademark. 
 Draft Article 91 addresses the question of use requirement by giving the competent court the 
power to order revocation of registration of th e mark for non-use, upon request by any concerned 
party, on evidence that the mark had not been serious ly used, without an appreciable justification, for 
a period of three uninterrupted years.  Therefore, th e proprietor of the mark is given an opportunity to 
prove that there may have been obstacles to such use, such as import restrictions. 
 Additional questions:
 
Article 68 of the new draft IP Code lays down the absolute grounds for refusal of 
trademarks.  Can the applicant, in relation to a sign which is not inherently distinctive, invoke 
acquired distinctiveness through use (second to last recital Article 15.1 of the TRIPS 
Agreement)? Please explain how Article 23.2 of the TRIPS Agreement has been implemented in 
the trademark section of the new draft IP Code. 
 Regarding Draft Article 68, subsequently Artic le 67 of the IP Code, "marks devoid of any 
distinctive character, or composed of signs or stat ements which only usage grants to the products, or 
which are the normal picture or image thereof" shall not be registered.  However, the applicant of a 
descriptive mark can invoke distinc tiveness acquired through prior use. 
 
 Article 23.2 of the TRIPS is reflected in Article 109 of the Egyptian Code.  The Egyptian 
Code does not discriminate between wines and spir its, and other goods.  Article 109 states that "the 
registration of a trademark which includes a geographical indication requires the continuous 
production, by the applicant, of the products in the reputed geographical area."  
Article 69 of the new IP Code deals with the protection of well-known marks.  Please 
confirm that in order to benefit from a protect ion, the well-known marks should at least be 
registered in one of the WTO Member states.  Plea se explain how this is compatible with Article 
16.2 of the TRIPS Agreement where such a pre-condition of registration is not necessary.  Please explain whether, in order to benefit from protection under the new draft IP Code, a well-known mark should also be used in Egypt. 
 Regarding the protection of a well-known trademar k, Article 68 of the IP Code provides that 
"The owner of a well-known trademark, worldwide a nd in Egypt, shall have the right to enjoy the IP/Q/EGY/1, IP/Q2/EGY/1, 
IP/Q3/EGY/1, IP/Q4/EGY/1 Page 16 
 
 
protection conferred by this Law even if such a mark  is not registered in Egypt."  This provision does 
not require the registration of a well-known mark to  be protected in accordance with Article 16.2 of 
the TRIPS Agreement.  A mark should be "well-known"  to be protected.  The use is not a requirement 
in this regard as the fame can be the r esult of the promotion of the trademark. 
 
D. G EOGRAPHICAL INDICATIONS  
15. Please explain whether or not your tr ademark registration authority refuses a 
trademark application if it contains a geographical indication. 
 Under draft Article 110, to register a tradem ark containing a geographical indication, it is 
essential that production of the goods in question must consistently be undertaken by the applicant at 
the especially famous geographical area.  It provides that a trademark that contains a geographical 
indication shall not be registered if the use of  which could mislead the public as to the true 
geographical origin of the related good.  
Follow-up question:
 
 
Please explain whether (i) only reputed ("famous") Geographical Indications are 
protected, and (ii) how Article 23.2 of the TRIPS Agreement is implemented in your legislation. 
(i) The protection of geographical indications in the Egyptian IP Code is not restricted to 
reputed geographical indications.  Under Article 10 9 of the Egyptian IP Code, "The registration of 
trademark including a geographical indication requires the continuous production, by the applicant, of 
the products in the reputed geographical area." (e mphasis added).  Therefore, the repute of the 
geographical indication itself is not a requirement for protection. 
(ii) Please refer to the response to the first additional question on page 15, supra . 
16. Please give the definition of a geographical indication in your legislation. 
 Under draft Article 105, geographical indications  are indications which identify the origin of 
a good in a region or locality in a WTO Member state or in a state reciprocating equal treatment with 
Egypt, where a given quality, reputation or other characteristics of the good affecting its promotion 
are essentially attributable to its geographical origin .  For extending protection to those indications, it 
is essential that they must have acquired protection in the country of origin.  Follow-up question:
 
 
Please explain the meaning of "affecting its promotion" within the Egyptian definition 
of Geographical Indications. 
"Affecting its promotion" means largely instrumental in its marketing. 
17. Please describe and explain the provisions of your legislation establishing a link, if any, 
between the characteristics of an indication and its geographical origin. 
 Please refer to the answer of the previous question no. 16. 
 IP/Q/EGY/1, IP/Q2/EGY/1, 
IP/Q3/EGY/1, IP/Q4/EGY/1 
Page 17 
 
 
Follow-up question:  
 
Could you clarify how and which specific pieces of evidence are required to the 
applicant in order to ensure that the product, wh ose name is to be protected, is linked to the 
territory? 
The Egyptian IP Code does not require specific means to prove the link between the product, 
whose name is not to be protected and the territo ry.  The link can, therefore, be evidenced by any 
means according to the general rules of evidence. 
18. Please describe how additional protection is granted by your legislation to wines and 
spirits.  Please mention other types of products, if any, covered by this additional protection. 
 Under IP draft Law geographical  indications protection covers all products no matter what the 
product is.  This means that wines and spirits are not excluded.  
19. Please explain how exceptions under Article 24 of the TRIPS Agreement are used in 
your jurisdiction.  Please provide examples of the use of the exceptions by courts or lists of 
names considered as generic in your jurisdiction. 
 According to draft Article 109, it is permissi ble to use on certain products such geographical 
names that became essentially known in commercial te rminology to denote the type of product not its 
geographical origin.  
 Under draft Article 112, a trademark that incorporates a geographical indication may be 
registered if the right to that mark has been acqui red through bona fide use before the law comes into 
force or before the geographical indication has been  granted due protection in the country of origin. 
 
The exceptions above are fully compatible with Article 24 of the TRIPS Agreement. 
 
As the draft Law is awaiting the People Asse mbly's review, no court decisions, regarding 
these exceptions, have been reported yet.  
Follow-up question:
 
 
Could you please explain how Article 23.2 of  the TRIPS Agreement is implemented in 
your legislation? 
 Please refer to the response to the first additional question on page 15, supra . 
 
E. I NDUSTRIAL DESIGNS  
20. Please explain whether or not your legislation extends to the protection of designs 
dictated essentially by technical or functional considerations.  Please explain how textile designs 
are protected. 
 Under draft Article 124, it is not allowed to  register designs or drawing which serve 
essentially technical or functional considerations of the product. 
 
 Draft Article 120 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 that such form gives it 
a special appearance that is new and could be used for industry.  Thus, textile  designs are protected by 
industrial designs and models provisions. IP/Q/EGY/1, IP/Q2/EGY/1, 
IP/Q3/EGY/1, IP/Q4/EGY/1 Page 18 
 
 
21. Please explain how your legislation protects right holders of a design against importing 
of Articles bearing embodied or copied design. 
 Draft Article 127 provides that upon registrati on of the drawing or industrial design, the 
owner of the design will have the sole right to u se, sell, manufacture or import the product, which 
embody this design.  This means that a right holder of a design has the right to prevent others from 
importing Articles bearing embodied or copied design.  
22. Please state whether or not your legislation pr ovides for the right to issue a compulsory 
licence for industrial designs. 
 Under draft Article 129, the Commercial Registry  Authority is allowed to grant others a non-
exclusive compulsory licence for the use of the d esign in return for a fair compensation.  The 
executive regulation will set the conditions and the procedures of granting this licence.  
23. Please indicate for what period of time your legislation grants protection for industrial 
designs. 
 Under draft Article 126, the protection period of industrial designs is ten years effective from 
the date of filing the application for registration.   The Commercial Registry Authority may renew the 
protection period for five more year s, if the owner of the designs s ubmits a renewal application during 
the last year of the protection period according to the rules stated in the executive regulation. 
 
F. P
ATENTS  
24. Please describe how your legislation defines the notions of: novelty, inventiveness and 
industrial application. 
 In setting the criteria of patentability, the draft law itself does not give (in Article 1) 
definitions for novelty, inventiveness and industrial a pplicability.  This matter is left for the executive 
regulations and the general knowledge on the subject  as disseminated by the WIPO.  Such knowledge 
is part of the education and professional competence of the examiners employed by the Patent Office of Egypt.  
25. Please explain whether or not in your legislation, patent or otherwise, patent rights are 
enjoyed without any exclusions.  If exclusions  are provided for, please describe in detail how 
these exclusions are applied in legal as well as practical terms. 
The draft patent law provides for exclusions from patentability that are identical to those 
allowed in Articles 27.2 and 27.3(a) and (b) of the TRIPS Agreement.  It provides, moreover, for the 
exclusion of live organs, tissues and cells, and natu ral biological materials, DNA and genome.  The 
Patent Office, responsible for administration of th e law, ensures that these exclusions are applied.  
26. Please explain whether your legislation provid es for the exclusion of inventions from 
patentability based on ordre public  or morality.  If so, please explain the relevant section of your 
legislation and explain its formulation.  Please al so explain if it has been applied in practice. 
 The new legislation provides for the exclus ion of inventions from patentability based on ordre 
public  or morality.  This is to be found in the draft Article 2 where the language is almost identical to 
that in Article 27.2 of the TRIPS Agreement.  This  exclusion is also stipulated in Egypt's current 
Law 132 and has always been applied in practi ce since 1949 when the Law was promulgated. 
 IP/Q/EGY/1, IP/Q2/EGY/1, 
IP/Q3/EGY/1, IP/Q4/EGY/1 
Page 19 
 
 
27. Please explain whether or not diagnostic, th erapeutic and surgical methods are excluded 
from patentability in your legislation.  If so, please explain the relevant section of your legislation and explain its formulation. 
 Diagnostic, therapeutic and surgical methods are excluded from patentability as provided in 
Article 2 of the new draft law.  The wording is id entical to that in Article 27.3(a) of the TRIPS 
Agreement.  
28. Please explain whether or not plants, anim als and essentially biological processes are 
excluded from patentability in your legislation.  If so, please explain the relevant section of your 
legislation and explain its formulation. 
 Plants, animals and essentially biological processes for the production of plants and animals 
are excluded from patentability in the new draft legisl ation (Article 2).  The wording is identical to 
that in Article 27.3 (b) of the TRIPS Agreement.  29. Please describe how micro-organisms, non-essentially biological processes, 
microbiological processes and plant varieties are prot ected in your legislation.  Please explain, in 
this respect, the relevant sections of your legislation. 
 Micro-organisms, non-biological and micro-biological processes for the production of plants 
and animals are protectable by patents in the new draft law Article 2.  Plant varieties, however, are protected by a sui generis  system (Articles 188-205) which derives essentially from the provisions of 
the 1991 Act of the UPOV Convention, and utilizes some of the provisions of the Convention on 
Biological Diversity.  
30. Please explain how your legislation protects patent right holders against the importing 
and against the offering for sale of a patented invention. 
 The new draft legislation protects right-holders against the importing and against selling, 
offering for sale of a patented invention (Article 32) .  The infringer is subject to substantial monetary 
fine and, in case of a recurrence of the offence, to  both imprisonment and a h eavy monetary fine.  The 
draft law, however, recognizes the principle of exhaustion of IPRs, in which situation parallel 
importation will not be considered an act of infring ement (Articles 6 and footnote to Article 28.1 of 
the TRIPS Agreement). 
 
31. Please state if your legislation provides for patent product protection of pharmaceutical 
and agricultural chemical products.  In the a ffirmative, please indicate the legal reference. 
 As a fundamental principle, the new draft legislation does not discriminate between 
technologies and nature of products .  Thus pharmaceutical and agri cultural chemical products are 
protectable by patents like any other products (Artic le 1).  However, since Egypt benefits form the 
transitional period that ends at the end of 2004 (A rticle 65.2 and 65.4 of the TRIPS Agreement), the 
new draft legislation provides for the transitional arra ngements stipulated in Article 70.8 of the TRIPS 
Agreement (mailbox facility, draft law Article 44)  and in Article 70.9 of the TRIPS Agreement 
(exclusive marketing rights, draft law Article 45).  32. Please clarify if the patent protection of a pr ocess, as provided for in your legislation, 
covers the product obtained directly by that process. 
 Indeed, the new draft legislation provides for pa tent protection of a process, thereby covering 
the product obtained directly by the application of that process (Articles 1 and 32).  An exception IP/Q/EGY/1, IP/Q2/EGY/1, 
IP/Q3/EGY/1, IP/Q4/EGY/1 Page 20 
 
 allowed by the draft law is the indirect use of the patented process for the purpose of obtaining a 
different product.  
33. Please explain the additional conditions, if any, in your legislation other than the 
sufficient disclosure of the invention in Article 29 of the TRIPS Agreement ( e.g. submission of 
justification for access to genetic material or prior inform consent to its use).  If such additional 
conditions exist, please point out the relevant legi slations and describe the additional conditions 
in detail. 
 It is the draft law Article 14 which requires, where the invention concerns biological materials 
(vegetable or animal) or traditional knowledge, that  the applicant should have obtained the materials 
or knowledge in a legal manner in accordance with the laws enforced in Egypt.   Where the invention 
concerns micro-organisms, the applicant should de posit a culture with the responsible agency as 
designated in the executive regula tions.  The applicant is also required to provide information 
concerning the applicant's corresponding foreign appli cations and grants and the relevant decisions 
taken. 
 
34. Please describe if your legislation provides for limited exceptions to the exclusive rights 
conferred by a patent.  If affirmative, pl ease make a reference to relevant legislation. 
 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 Deve loping 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 count ries and the outcome of WTO cases of dispute 
settlement.  
 More specifically, the exceptions comprise: 
 
(One)  Exhaustion of IPR (provided in TRIPS Article 6) 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 (TRIPS Article 28); it being understood that such ma rketing (by the patent owner or with his 
consent) has occurred anywhere in the world. 
 (Two)  Activities of scientific research, meaning of course experimentation without 
extending to commercial-scale activities.  
(Three)  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 anot her 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. 
 (Four)  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, concer ned 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 chief IP/Q/EGY/1, IP/Q2/EGY/1, 
IP/Q3/EGY/1, IP/Q4/EGY/1 
Page 21 
 
 
concern is to guard against infringement  involving commercial-scale exploitation by 
unauthorized persons.  Another basic ethic, that needs to be remembered, is portrayed by 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. 
 
(Five)  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. 
 
(Six) The notion of "springboarding" in connec tion 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 th e product during the term of protection for the 
purpose 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).  (Seven)  Without being specific, any other act s that constitute limited exceptions to the 
exclusive rights conferred by a patent, provide d that such acts do not unreasonably conflict 
with a normal exploitation of the patent a nd do not unreasonably prejudice the legitimate 
interests of the patent owner, taking account of  the legitimate interests of third parties. 
 
35. Please explain whether or not your legislation provides for compulsory licensing.  If so, 
please explain in detail the conditions under which a compulsory licence may be granted.  In 
particular, please explain how your national le gislation considers individual merits in the 
authorization of such use. 
 The Article 31 of the TRIPS Agreement, se tting the grounds and conditions for the granting 
of compulsory licences, has a parallel expression in the new law on IPR protection.  The grounds for 
granting a compulsory licence are indicated in Ar ticle 25 which corresponds to those indicated in 
Article 31 (b), (c), (k) and (1) of the TRIPS Agre ement.  The conditions ass ociated with the award 
that are to be observed in order to protect the right s of all parties involved, are outlined in Article 26 
corresponding to those indicated in TRIPS Article 31 (a), (c) …. to (j) inclusive.   The draft law (in Article 25) conditions the issuance of a compulsory licence on an approval by a ministerial committee to be set up by a Prime Ministerial decree.  A first condition that must be 
observed (draft Article 26) is that the compulsory  licence authorization should be considered on its 
individual merits and on a case-by-case basis.  
36. Please explain how your legislation explicit ly ensures that a proposed user has made 
efforts to obtain authorization from the ri ght holder on reasonable commercial terms and 
conditions and that such efforts have not been su ccessful within a reasonable period of time.  In 
this context, how do you define "reasonable p eriod of time".  Please also explain how your 
legislation ensures that the use of a compulsory licence shall be authorised predominantly for the supply to the domestic market of the Member authorizing such use. 
 This matter is covered in the draft legislati on as one of the conditions that must be observed 
(draft Article 26) in connection with the compul sory licence authorization.  The applicant should 
prove that he has made serious efforts to obtain authorization from the patent right holder on 
reasonable terms (i.e. equitable compensation) and that  such efforts have not been successful within a 
reasonable period of time.  It is expected that the executive regulations will elaborate on this issue and IP/Q/EGY/1, IP/Q2/EGY/1, 
IP/Q3/EGY/1, IP/Q4/EGY/1 Page 22 
 
 give more details.  The right-holder has the right to contest the legal validity of the decision by requesting a judicial review.   It is another condition (draft Article 26) th at needs to be observed in the award of a 
compulsory licence that it aims predomin antly at supplying the domestic market.  
37. Please state if your legislation grants additional protection for innovations after the 
20 years of patent protection has lapsed. 
The draft legislation does not grant additional protection for innovations after the 20 year 
term of patent protection has lapsed.  
38. Please explain how your legislation provides for the enhanced patent protection of 
patents or patent applications pending on 1 January 1995. 
In compliance with the Articles 70.2 and 70.7 of the TRIPS Agreement, the new draft law 
provides (in Article 42) for the enhanced patent prot ection of patents or patent applications pending at 
the time the new law is promulgated.  
39. Please explain how your legislation provides for the reversal of the burden of proof in 
relation to process patents. 
 Egypt's new patent legislation provides for the pr inciple of the reversal of burden of proof in a 
process patent litigation.  The relevant law section (Article 35) corresponds to and complies with the 
stipulation 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 legitim ate interests of the defendant in protecting his 
industrial and commercial secrets must be protected.  
G. L
AYOUT -DESIGNS (TOPOGRAPHIES ) OF INTEGRATED CIRCUITS  
40. Please describe how your legislation protects Topographies. 
The relevant Articles in TRIPS Agreement are Ar ticles 35, 36, 37 and 38.  Egypt's new draft 
law grants protection for the layout-designs of integrat ed circuits for 10 years.  The level of protection 
is in full compliance with the TRIPS Agreement; term s of protections are stated in Articles 46-55 of 
the new IPR law.  The Patent Office will be the national authority that will be responsible for 
implementing Egypt's obligations of protecti ng the layout-designs of integrated circuits.  
41. Please explain what protection your national legislation grants to right holders against 
the unlawful importation, sale or distribut ion for commercial purposes of topographies 
including integrated circuits or other Articles in which a topography is incorporated in accordance with Article 36 of the TRIPS Agreement. 
This issue has been covered by Articles (51) a nd (54) of the new IPR law.  Article 51 states 
that, no physical or moral person shall perform any of the following acts without a prior written 
licence by the owner of a protected layout design: 
1. Reproducing, whether by incorporation in an integrated circuit or otherwise, the 
protected layout design in its entirety or any part thereof; 
 IP/Q/EGY/1, IP/Q2/EGY/1, 
IP/Q3/EGY/1, IP/Q4/EGY/1 
Page 23 
 
 
2. Circulation, in Egypt or anywhere in the world, of an integrated circuit in which a 
protected layout design is incorporated. 
  Article 54 states that: 
 
 Any person who performs any act in violation wi th Article 51 shall be of an punishable by 
imprisonment for a period not less than three months and by a fine not less than LE10,000 and not more than LE50,000, or by either punishment. 
 
In case of recurrence the offence shall be puni shable by imprisonment for a period not less 
than six months and by a fine not less than LE50,000 and not more than LE100,000.  
42. Please explain how your legislation provides for the derogation from Article 36 as 
specified in Article 37 of the TRIPS Agreement where a person has no knowledge or reasonable grounds to know when acquiring an integrated circuit or an Article incorporating such an 
integrated circuit that it contains an unlawful topography. 
The issue stated in this question has been dealt with in Articles (51) and (52) of the new IPR 
law. 
Article 51
 
 It is not authorized, without a written consent from the rightful owner of the protected 
schematic design, for any natural or le gal person to do the following acts: 
 
1. Partial or entire reproduction of the schemat ic design, whether through integrating it 
in an integrated electronic circuit or by any other means. 
 2. Importing, selling or distributing the schematic design for commercial propose, 
whether individually or, through integrating it w ith another integrated electronic circuit, or 
one of the element that constitute a product. 
  Article 52 
 
  Without prejudice to the provision of this law,  any natural or legal person has the right to 
exercise one or more of the following acts, without a licence from the rightful owner: 
 
1. Production or commercial exploitation includi ng importing, selling, distributing of an 
integrated circuit including a protected schema tic design or a product incorporating such an 
integrated electronic circuit, if the person exploiting them was not aware or could not be 
aware that such an integrated circuit or produc t incorporates a protected schematic design.  In 
this case, the person who possesses the industrial design is permitted to dispose the products 
he possesses in return for payment of fair compensation to the owner of the right or 
purchased, after obtaining from the rightful owner a written consent by registered mail that the integrated circuit or the product he possess es incorporates a protected schematic design. 
 
2. Personal use for the purposes of examination,  inspection, analysis, education, training 
or scientific research of a protected schematic desi gn.  If this resulted in the creation of a new 
schematic design, the creator shall have the right to protect it.  3. Innovation of a schematic design identical to another protected schematic design, due 
to independent efforts. 
 IP/Q/EGY/1, IP/Q2/EGY/1, 
IP/Q3/EGY/1, IP/Q4/EGY/1 Page 24 
 
 
4. Importing a protected schematic design or the integrated electronic circuit incorporating that design, whet her it was separate or integrated with a product, or the product 
which include an integrated electronic circu it incorporating a protected schematic design, 
once one of them is circulated in  the market in Egypt or abroad. 
 
43. Please state the term of protection granted by your legislation to topographies. 
 The terms of duration of protection are treated in Articles 46 – 49; these Articles states as 
follows:  
Article 46
 
For the purpose of this law, "integrated circu it" means a product, in its final form or an 
intermediate form, in which the elements, at least  one of which is an active element, and some 
or all of the interconnections are integrally  formed on a piece of material and which is 
intended to perform an electronic function. 
 
Layout-designs means also the three dimensional disposition prepared for an integrated circuit 
intended for manufacture. 
 Article 47
 
 
Protection under this law may be obtained for or iginal layout-designs of integrated circuits. 
 A layout design shall be considered to be orig inal if it is the result of its creator's own 
intellectual effort and is not commonplace among crea tors of layout designs at the time of its 
creation. 
 
A layout design consisting of elements th at are commonplace among creators of layout 
designs, shall also be considered original, if  the combination and interconnections, taken as a 
whole is original. 
 Article 48
 
 
Protection shall not apply to any concept, process, technology or any coded information 
stored in the layout design of an integrated circuit.  Article 49
 
 
The protection period of a layout design shall terminate at the end of the tenth year from the 
date where the application for the registration w as filed in Egypt or ten years after it was first 
commercially exploited in Egypt or anywhere  in the world, whichever comes first. 
 In all cases, the protection of a layout design shall cease 15 years from the date of its creation. 
 
H. P
ROTECTION OF UNDISCLOSED INFORMATION  
44. Please explain whether or not your legislation grants a defined period of time for the 
protection of undisclosed information.  If so, please give the time span. 
 In line with the provisions of Article 39 of the TRIPS Agreement, the new draft legislation 
does not grant a defined period of time for the prot ection of undisclosed information.  However, 
where the matter concerns pharmaceutical or agri cultural chemical products and the undisclosed IP/Q/EGY/1, IP/Q2/EGY/1, 
IP/Q3/EGY/1, IP/Q4/EGY/1 
Page 25 
 
 
information is submitted as a condition of approvi ng the marketing of such products, under the 
conditions stipulated in Article 39.3 of the TR IPS Agreement, the protection provided by the 
concerned authority extends as from the date of subm ission of the information until the information is 
no longer secret , or until the elapse of no more than five  (5) years whichever period is shorter. 
 
45. Please explain how your legislation defines undisclosed information. 
 The definition given in the new draft law (A rticle 56) for undisclosed information follows 
closely from the three qualifications given in  Article 39.2 of the TRIPS Agreement. 
 46. Please explain how your legislation defi nes data submitted to governments or 
governmental agencies. 
 It appears that the data implied in this ques tion is the data submitted to government agencies 
as a condition of approving the marketing of phar maceutical or agricultural chemical products 
(Article 39.3 of the TRIPS Agreement).  Please refe r to the response given above to question no. 44. 
 
Follow-up question:
 
 
How does Egypt interpret the words "protectin g data against unfair commercial use" of 
Article 39.3 of the TRIPS Agreement? Does this  Article prevent the Egyptian regulatory 
authorities from using data or from relying on  data of a registered patent or non-patent 
protected product in examining  similar products from generic manufacturers during a 
maximum five (5) years?  
 On this issue we refer to our previous res ponses to Questions 44, 45 and 46 previously posed 
by the European Communities.  Additionally, we respond to the present question as follows: 
 
 "Protection of data against unfair commercial u se" must be interpreted in light of the Paris 
Convention (1967, Article 10 bis) and the TRIPS Agreement Article 39.1.  Such unfair commercial 
use would include that use which results from act s of competition that are contrary to honest 
commercial practices as indicated in the TRIPS Agr eement Article 39.2 and the adjoining footnote.  
As to the use of data or relying on data of a prev ious applicant in the examination of similar products 
of a subsequent applicant, we reiterate that the la w (still in draft form) is definitive in obligating the 
concerned regulatory authority to protect the da ta against disclosure and unfair commercial use, 
except where the authority determines that such di sclosure (meaning use) is necessary to protect the 
public; cf. TRIPS Agreement, Article 39.3 (already promulgated as Law No.  82/2002). 
 I. E
NFORCEMENT  
47. Please describe how your legislation provides fo r effective action against infringement of 
intellectual property rights. 
 Please refer to and consider answers given to questions nos. 33, 35 and 40 posed by the 
United States (document IP/C/W/278).  
48. Please explain whether or not your legislat ion provides for a mechanism to appeal to 
judicial bodies of final administrative decisions. 
 The draft of the Egyptian unified law regulat es the ways of complaint against the final 
administrative decisions issued by the administrative authority competent to deal with one or more of 
the Intellectual Property fields.  IP/Q/EGY/1, IP/Q2/EGY/1, 
IP/Q3/EGY/1, IP/Q4/EGY/1 Page 26 
 
  In this domain, the draft makes a mechanism represented in a committee constituted of 
experienced judicial and non-judicial members to  process the complain against the decision of the 
administrative authority whether when granting the patent or registering the trademark or when 
refusing same, as a measure that has to be followed before filing the lawsuit. 
 
 The draft of law, as well, allows to file befo re the administrative court challenging against the 
decision of such committee. 
 
(Articles 37 and 38 in the field of patents a nd Articles 79 and 80 in the field of trademarks).  
49. Please describe how your legislation authorizes judges to order production of evidence 
by the opposing party.  Please give precise info rmation on what measures are taken to ensure 
the protection of confidential information. 
 To fulfil the obligation imposed by TRIPS, Ar ticle 35 of the Egyptian unified law regulates 
the rules of proof in the lawsuits related to the industrial process pate nts to relieve the burden of proof 
over the plaintiff (the patent holder). 
  The court allows, if the plaintiff cannot prove that the conformable product has been obtained through the direct use of the process enjoying the pr otection, though he has done a reasonable effort to 
reveal such process.  
 To transfer the burden of proof to the defe ndant ordering him to prove that the process he 
used in producing the conformable product is different from that enjoying the protection.   All of that is in the scope of the defendant 's right to protect his industrial and commercial 
secrets. 
 
50. Please quote provisions of your legislation that  authorize judges to order a defendant to 
desist from an infringement. 
 Please refer to and consider the answer given to question no. 35 posed by the United States 
(document IP/C/W/278).  51. Please quote what provisions of your legisl ation authorize judges to order the payment 
to the right holder of adequate damages to compensate the injury he suffered. 
 Please refer to and consider the answer given to question no. 33 posed by the United States 
(document IP/C/W/278). 
 
52. Please quote what provisions of your legisl ation authorize judges to order the payment 
of the right holder's expenses by the infringer. 
 Please consider the answer to question 51 mentioned above. 
 
53. Please explain if and how judges have the authority to order that infringing goods are 
placed outside channels of commerce or destroyed. 
 Please refer to and consider the answers given to questions nos. 33, 35 and 40 posed by the 
United States (document IP/C/W/278).  IP/Q/EGY/1, IP/Q2/EGY/1, 
IP/Q3/EGY/1, IP/Q4/EGY/1 
Page 27 
 
 
54. Please quote what provisions of your legislation authorize judges to indemnify a 
defendant in the event of abuse by the plaintiff. 
 Please refer to and consider the answer given to question no. 35 posed by the United States 
(document IP/C/W/278). 
 
55. Please explain how your legislation implemen ts Article 50 of the TRIPS Agreement. 
 Please refer to and consider the answer given to question no. 35 posed by the United States 
(document IP/C/W/278).  56. Please identify the competent authorities in your jurisdiction who receive requests from 
right holders for an application to suspend the release of counterfeit goods by the customs authorities. 
 Please refer to and consider the answer given to question no. 37 posed by the United States 
(document IP/C/W/278). 
 
57. Please indicate whether or not procedures are available to suspend the exporting of 
counterfeit goods. 
 Please refer to and consider the answer given to question no. 33 posed by the United States 
(document IP/C/W/278).  58. Please quote what provisions of your legislation authorize the competent authorities to 
order the destruction or disposal of infringing goods. 
 Please refer to and consider the answers gi ven to questions nos. 33 and 40 posed by the 
United States (document IP/C/W/278).  59. Please indicate whether or not your legislation provides for a de minimis  imports 
exception. 
 This exception is mentioned in Article 60 of  the TRIPS Agreement.  According to this 
Article, Member states are allowed to use or not this exception.   Our draft law did not provide for a de minimis  import exception, however, this exception 
might be taken into consideration while discussing the draft Article by Article in the Parliament. 
 
60. Please explain how your legislation implemen ts Article 61 of the TRIPS Agreement. 
 Please refer to and consider the answers gi ven to questions nos. 40 and 41 posed by the 
United States (document IP/C/W/278). 
 
 IP/Q/EGY/1, IP/Q2/EGY/1, 
IP/Q3/EGY/1, IP/Q4/EGY/1 Page 28 
 
 
IV. RESPONSE TO A QUESTION POSED BY JAPAN 
C
OPYRIGHT AND RELATED RIGHTS  
 Please explain exceptions or exemptions of  the National Treatment and Most-Favoured-
Nation Treatment under the Copyright and Neighbouring 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 w ho 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 Me mber 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 othe r 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. 
 
(c) The performance, not being fixed on a phonogram, is carried by a broadcast, 
if the headquarter of the broadcasti ng 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 WT O Member states most-favoured-nation treatment 
with regard to the protection of intellectual prope rty.  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 genera l nature and not particularly confined to the 
protection of intellectual property; and (b) intern ational agreements related to the protection of 
intellectual property which entered in to force before 1 January, 1995. 
 IP/Q/EGY/1, IP/Q2/EGY/1, 
IP/Q3/EGY/1, IP/Q4/EGY/1 
Page 29 
 
 
V. RESPONSES TO QUESTIONS POSED BY SWITZERLAND3 
A.  GEOGRAPHICAL INDICATIONS  
1. Please explain in detail how your legisl ation provides protection for geographical 
indications. 
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 
those indications, it is essential that they must have acquired protection in the country of origin. 
According to the new IPR law it is not perm issible 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 ar ea other than the place of origin (Article 107). 
To register a trademark incorporating a geogr aphical indication, it  is essential that 
production of the good in question must consistent ly be undertaken by the applicant at the 
especially famous geographical 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. 
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 Article 112, a tr ademark 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. 
B.  P
ATENTS  
2. Does your legislation grant patent protection to  all categories of products or are there 
any exceptions?  If so, please explain in deta il 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 TRIPS Articles 27.2 and 27.3 for the reasons 
given therein.  Additionally, living organs, tissu es, and cells, DNA and genome are excluded from 
patentability (Article 2). 
As to the second part of the question concerni ng the patentability of new applications of 
known products (pharmaceutical or otherwise) the following res ponse is given.  An impartial 
reading of the relevant draft text in the new law (Articles 1 and 2) as well as the language in TRIPS 
Article 27.1 would reveal that a process for making a known
 product is patentab le if the process 
meets the three criteria of patentability, but not a new use of a known product. 
                                                      
3 The responses to questions 1-4 and 6-11 replace the responses to the same questions which were 
circulated in document IP/C/W/278 and Add.3. IP/Q/EGY/1, IP/Q2/EGY/1, 
IP/Q3/EGY/1, IP/Q4/EGY/1 Page 30 
 
 
Follow-up question
: 
  In your answer, you mention that under Article 2 of your new IPR law (currently in draft form) living organs, tissues, cells, DNA and genome are excluded from patentability.  Does 
this mean that inventions relating to such subject matter, even if fulfilling the conditions of 
patentability, i.e. novelty, inventive step a nd industrial applicability are nevertheless excluded 
from patentability according to your law? If so, please explain how this complies with the 
obligation of Article 27.1 of the TRIPS Agreement prohibiting discrimination as regards patentability between different fields of technology.  
  Our response to question 2 reflects the conventio nal wisdom behind the patent system in that 
the subject matter of the invention is the fruit of human ingenuity and hence, to be patentable, it 
should fulfil the three criteria of patentability as provided in Article 27.1 of the TRIPS Agreement. 
The Agreement introduced or enlarg ed the possibility of patent protection of certain life forms and 
processes.  A distinct flexibility, however, h as been the right of Members to exclude from 
patentability certain other life forms and processes: Article 27.3(b).  Such exclusion is permitted 
without specifically requiring that the subject matter is to be a "whole" or a "part".  It is difficult to think of an entire living organism, plant or animal, be ing unpatentable while a part  of it is patentable.  
As it is well known, this matter is hotly debated wo rldwide and the contents of sub-paragraph 27.3(b) 
are open for review in a future WTO function. 
 
3. Please indicate whether micro-organisms are patentable in your legislation.  Please 
explain in this respect the relevant sections of your legislation. 
Microorganisms are patentable in compliance w ith TRIPS Article 27.3(b).  This is provided 
for in Article 2 of the new legislation, currently in draft form. 
4. Please explain whether or not your legislation provides the possibility of granting of 
compulsory licences.  If so, please explain in  detail the conditions under which a compulsory 
licence may be granted. 
The TRIPS Article 31, setting the grounds and conditions for the granting of compulsory 
licences, has a parallel expression in the new law on IPR protection.  The grounds for granting a 
compulsory licence are indicated in Article 25 wh ich corresponds to thos e indicated in TRIPS 
Article 31(b), (c), (k) and (1).  The conditions associated with the award that are to be observed 
in order to protect the rights of all parties involved, are outlined in Article 26 corresponding to those indicated in TRIPS Article 3l(a), (c) to (j) inclusive. 
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 interpreta tion of this expression?  If so, please indicate 
these decisions and comment on them briefly.  
Anti-competitive practices - under the conditions stipulated in TRIPS Article 31(k), 
corresponding to Article 25 section five of the new law where some examples are cited - can constitute a ground for granting a compulsory li cence.  In this connection, the judicial and 
administrative authorities are required to examin e the situation of abuse of the exclusive rights 
conferred by the patent.  The decisions of the co ncerned authorities are appealable as provided 
under Article 37 of  the draft law. IP/Q/EGY/1, IP/Q2/EGY/1, 
IP/Q3/EGY/1, IP/Q4/EGY/1 
Page 31 
 
 
6. Please explain whether your legislation provides for judicial review or other 
independent review of the legal validity of any deci sion by administrative authorities relating to 
the authorisation of use as mentioned in Article 31 of the TRIPS Agreement.  
Egypt's draft legislation guarantees in se veral provisions the right of any party i nvolved in 
the protection of IPR to seek judicial and independent  review  of the  legal validity  of any   decision by the administrative authorities.  This right in respect of the granting of compulsory 
licences, constitutes a cardinal element among the conditions associated therewith (draft law 
Article 25, 26 and 37). 
7. Does your legislation, in accordance with Arti cle 27.1 in combination with Article 31 of 
the TRIPS Agreement, consider importation as "working" a patent (and therefore preclude 
compulsory licensing, if a product is being imported)?  
A compulsory licence 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 Eg ypt 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 grante d an additional period of time of sufficient length to 
enable 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). 
 
Follow-up question
: 
 
 It does not resort clearly from your answer whether a patented product needs to be 
produced in your country in order to satisfy the re quirement of the use of the invention.  Please 
confirm whether, according to your new legislat ion, importation is considered as working the 
patent and satisfies therefore the requirement of u se/exploitation of the patent.  If this should 
not be the case, please explain how this complies wi th the obligations contained in Article 27.1 of 
the TRIPS Agreement, requiring patent rights to be enjoyable without discrimination as to 
whether products are import ed or locally produced.  
 
 Our response to question 7 reflects unambiguously the basic tenets of the patent system as 
related to the issue of working the invention.  The spirit and letter of Article 5(A) of the Paris 
Convention have been expressed in the answer give n.  The action (compulsory licensing) allowable, 
accordingly, in a situation of non-working is pronounced  in the new IPR law (currently in draft form), 
however, does not say that importation is considered as working the invention.  It is clear also in the IP/Q/EGY/1, IP/Q2/EGY/1, 
IP/Q3/EGY/1, IP/Q4/EGY/1 Page 32 
 
 language of Article 25 of the new draft law that, in  the issuance of compulsory licences, each due will 
be given consideration on its individual merits, precisely in compliance with Article 31(a) of the 
TRIPS Agreement.  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 pr inciple of the reversal of burden of proof in a 
process patent litigation.  The relevant law section (Article 35) corresponds to and complies with the 
stipulation 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 legitim ate interests of the defendant in protecting his 
industrial and commercial secrets must be protected. 
 C. P
ROTECTION OF UNDISCLOSED INFORMATION  
9. Please explain in detail if your legislation en sures 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 agr icultural chemical product is protected against 
disclosure and against unfair commercial use by a competitor, for example by prohibiting a 
second applicant from relying on, or from referring to the original data of the first applicant, 
when applying subsequently for market au thorisation for his own product.  Does your 
legislation 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 Eg ypt'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 TRIPS 
Agreement.  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 info rmation which (i) concern pharmaceutical or 
agricultural chemical products; (ii) result from c onsiderable effort; (iii) utilize new chemical 
entities; (iv) are submitted to the concerne d authorities as a condition for approving the 
marketing of such products; and (v) are requi red for conducting the tests necessary for the 
marketing approval. 
 
 (b) The concerned authorities which receive su ch information are obliged to protect the 
information against disclosure and against unfair commercial use.  This obligation starts from 
the date the information is submitted and c ontinues 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 Mi nister's Decree (No. 2211) was issued (dated 
25 November, 2000) providing for the same obligation.  A formal notification of this 
commitment was also communicat ed (under Article 63.2 of the TRIPS Agreement) to the 
Council for TRIPS, and is contained in documen t 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 evaluati ng other similar products; this being a situation 
where protection of the public is an issue. IP/Q/EGY/1, IP/Q2/EGY/1, 
IP/Q3/EGY/1, IP/Q4/EGY/1 
Page 33 
 
 
(d) Additionally, the following must be clarified: 
 (i) The test and other data, which are re quired for the testing, examination and 
evaluation of the product, are handled by a responsible government authority, the National Organization for Drug Control a nd Research (NODCAR) which is an organ 
of the Ministry of Health and Populati on, 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 case 
NODCAR) which can use the test data for tes ting the product of the first applicant or, 
where deemed necessary, to protect the pub lic.  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. 
 (iii) Of the undisclosed information su bmitted 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, to the 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 method s of procedure are kept with and 
reserved for the restricted use of the concerned authority (NODCAR).  This authority's functions, to be sure, are li mited to using – certainly not publishing 
or otherwise disclosing to any outside  body – the test/evaluation methods 
which either are made available to th e authority by an applicant, or are 
already in the authority's possession for the normal discharge of its daily 
responsibilities. 
 
Follow-up question
: 
 
 In your answer, there is no mention of legal provisions providing protection against unfair commercial use for confidential test data submitted to the Egyptian authority responsible 
for market authorisation.  Please explain how your new legislation will provide protection against unfair commercial use of test data as re quired by Article 39.3 of the TRIPS Agreement.  
Will the responsible state authority require the sa me amount of data for market authorisation 
from the second applicant as  from the first applicant?  
 
Our response to question 9 clearly indicates th at there are legal provisions providing (in 
compliance with Article 39.3 of the TRIPS Agreem ent) protection against unfair commercial use for 
confidential test data submitted to the Egyptian au thority responsible for marketing authorization. 
These provisions, as stated in our previous response, are contained or covered in: 
a) Article 57 of the new IPR legislation (currently in draft form); 
 b) Prime Minister's Decree No. 2211 of the year 2000;  and 
 IP/Q/EGY/1, IP/Q2/EGY/1, 
IP/Q3/EGY/1, IP/Q4/EGY/1 Page 34 
 
 
c) Egypt's formal notification (document IP/N/1/EGY/Add. 1, dated 8 May 2000) 
communicated to the WTO Council for TRIPS. 
  As to the second point in the question, th e governing law and procedure require the same 
amount of data, for market authorization, from the second applicant as from the first applicant. 
 D. E
NFORCEMENT  
10. Please indicate remedies provided by your legislation, which constitute effective 
deterrents to infringements of intellectual property rights. 
 
TRIPS regulates the civil procedures in Article (42 - 48). 
Article 42 concerns the general principles that mu st be available in the equitable trial (the 
principle of confrontation between the litigant parties - guaranty 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 th e judicial authorities in Article 46 to dispose of 
goods that they have found to be infringing to intell ectual property rights, to the extent that they may 
destroy them and destroy the tools and equipment mainly 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 (Article s 33, 36 concerning the area of patents).  Both 
Articles apply to layout-designs of integrated ci rcuits and undisclosed information.  Article 118 
concerning trademarks and geographical indications , Article 134 concerning industrial designs and 
models, Article 179 concerning the copyright and neighbouring rights and Article 200 concerning 
plant varieties, all address the question of punishab le acts and the penalties that may be imposed in 
situations of infringement. 
 
11. Please describe any new initiatives that are planned to improve enforcement of 
intellectual property rights in your country, pa rticularly 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. The matter is being submitted to the People's Assem bly to decide whether th e 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 prov ision of the necessary materials and equipment.  Moreover, 
intensive training courses were conducted for public prosecution personnel and judges so that they 
could acquire the skills necessary for investigating and deciding in cases related to protecting of 
intellectual property rights. IP/Q/EGY/1, IP/Q2/EGY/1, 
IP/Q3/EGY/1, IP/Q4/EGY/1 
Page 35 
 
 
Furthermore, since Egypt acceded to the TRI PS Agreement, an active campaign to spread 
public awareness on intell ectual property rights thro ugh public advocacy, instruction and training 
programs.  This is evidenced, as one example, by the creation of a centre for intellectual property rights studies in the form of a non-governmental organization which receives support form the 
Council of Ministers. 
  
VI. RESPONSES TO QUESTIONS POSED BY THE UNITED STATES 
A. G
ENERAL  
1. With respect to each form of intellectual property covered by Part II of the TRIPS 
Agreement, including plant variety protection, pl ease explain the manner in which the laws of 
Egypt ensure that nationals of other WTO Me mbers receive national treatment and most 
favoured nation treatment as required by Articl es 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 favourable than that  Egypt accords to its own nationals.  Foreigners 
resident or having a real and effective industr ial 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.  Exempti ons 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 relate d to the protection of intellectual property which 
entered into force before 1 January, 1995.  Additional question:
4 
 Please describe, in relation to each form of intellectual property cov ered by the 
TRIPS Agreement, including plant variety protection, the manner in which nation treatment and most favoured nation treatment are pr ovided to nationals of other WTO Member. 
 
 Under the new IPR law any person or legal entity who belongs to a WTO Member state is to be accorded treatment no less favourable than that  Egypt accords to its own nationals.  Foreigners 
resident or having a real and effective industr ial 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.  Exempti ons 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 relate d to the protection of intellectual property which 
entered into force before 1 January, 1995.  
                                                     
 
4 The following additional question was circulated in document IP/C/W/268. IP/Q/EGY/1, IP/Q2/EGY/1, 
IP/Q3/EGY/1, IP/Q4/EGY/1 Page 36 
 
 B. C
OPYRIGHT AND NEIGHBOURING RIGHTS  
2. Please explain how Egypt's copyright law pr otects computer programs as literary works 
and complications of data as required by Arti cle 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 paragraph numbers 2 and 3, 
respectively, in the non-exhaustive list of protected  works.  Moreover, the said Article provides 
expressly that the protection of databases applies wh ether 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 di rected by a juristic person; their term of 
protection is computed from the date of first publi cation.  Collaborative works are protected for the 
lifetime 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 comput er 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 neig hbouring 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 rent al leads to widespread copying of these works 
which is materially impairing the auth or's exclusive right of reproduction. 
 
4. Please identify the term of protection availabl e 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 work s are protected for lifetime of the author and 
seventy years after his death.  Such term is comput ed from the date of the first publication in case of 
pseudonymous, anonymous and collective works.  Co llaboration works are protected for the lifetime 
of the author and for 70 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 shor ter term, i.e. 20 years (Article 166). 
 IP/Q/EGY/1, IP/Q2/EGY/1, 
IP/Q3/EGY/1, IP/Q4/EGY/1 
Page 37 
 
 
5. Article 13 of the TRIPS Agreement obliges WT O Members to confine any limitations or 
exceptions to copyrights to certai n special cases that do not conflic t with the normal exploitation 
of the work and do not unreasonably prejudice th e legitimate interests of the right holder.  
Please describe any and all limitations and excep tions 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 of works and do not unreasonably prejudice the legitimate interests of the right 
holder. 
 Egyptian law provides an exhaustive list of limita tions 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 s ubsisting 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 pr ovided 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 in corporated 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 fo r 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 has been a member of the Berne C onvention 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 reinte grate such a rule in our domestic law as Article 
187 of the new IPR law indicates expressly that the provisions of this law shall apply without 
prejudice to the international c onventions enforceable in Egypt. 
8. Article 14.6 of the TRIPS Agreement requires that protection be restored for 
phonograms that are still under protection of copy right or neighbouring rights law in their 
country of origin and that have not had a full t erm 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. 
Additional questions:
5 
 
Please explain whether and how the presen t copyright law of Egypt complies with 
Article 9 of the TRIPS Agreement requiring th at Members comply with all Articles 1 through 
21 of the Berne Convention (1971), except Article 6, since Members do not have rights or 
obligations relating to the latter Article under the TRIPS Agreement. 
The new draft IPR law is in compliance w ith Article (9) of the TRIPS Agreement. 
                                                      
5 The following additional questions were circulated in document IP/C/W/268. IP/Q/EGY/1, IP/Q2/EGY/1, 
IP/Q3/EGY/1, IP/Q4/EGY/1 Page 38 
 
 
 Please explain how the present copyright la w of Egypt protects computer programs as 
literary works and complications of data as required by Article 10 of the TRIPS Agreement. 
 
 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 paragraph numbers 2 and 3, 
respectively, in the non-exhaustive list of protected  works.  Moreover, the said Article provides 
expressly that the protection of databases applies wh ether they are readable by computer or not. 
Hence, both works are protected for the lifetime of th e author and seventy years after his death.  In 
cases of pseudonymous, anonymous, collective works di rected by a juristic person, the term of 
protection is computed from the date of first publi cation.  Collaborative works are protected for the 
lifetime 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. 
The Shura Council is presently considering a new draft copyright law for Egypt ("Shura 
Council draft").  It appears that the most r ecent version of that draft does not include a 
definition of "compilation" works compatible with the requirements of Article 10.2 of the TRIPS Agreement.  Can you explain how the ne w law will ensure that copyright protection 
extends to collections of works or compilations of data, whether in machine readable or other 
form, which, by reason of the selection or arrang ement of their contents, constitute intellectual 
creations, that is, are original works? 
 Compilations of data, treated as databases, whet her in machine-readable or other form are 
protected by explicit language in the new draft la w protecting copyright and neighbouring rights 
(Article 139). 
 
Article 10.1 of the TRIPS Agreement requires that computer programs be protected as 
literary works, "whether in source or object code."  It appears that the Shura Council draft 
includes "computer" programs in its Article 139 list of works to be protected by copyright law, 
but does not specify "whether in source or object code"?  Please explain how parties can be sure 
that computer programs will be protected under th e new law, regardless of their mode or form 
of expression, unless this is clearly stated in Article 139? 
The language used in Article 139 is broad and general, and hence will embrace specific 
modes or forms. 
 
 Article 11 of the TRIPS Agreement requires that a rental right for computer programs 
and cinematographic works be available.  Please cite to the corresponding provision of the 
present copyright law of Egypt as well as the Shura Council draft.  
 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. 
 IP/Q/EGY/1, IP/Q2/EGY/1, 
IP/Q3/EGY/1, IP/Q4/EGY/1 
Page 39 
 
 
 Please state the length and terms of protection the present copyright law of Egypt 
provides for a work other than a photographic work  or a work of applied art and cite to the 
relevant provision of law.  Please state the corresp onding terms of protectio n (and legal provision) 
in the Shura Council draft. 
  As a general rule all literary and artistic works are protected for the lifetime of the author and 70 
years after his death.  Such term is computed from the date of the fi rst publication in case of 
pseudonymous, anonymous and collective works.  Collabo ration works are protected for the lifetime of the 
author and for 70 years after the death of the last coll aborator.  With regard to neighbouring right the same 
rules apply (Articles 164 & 165 of the new IPR law)  except for broadcasting or ganizations which benefit 
from a shorter term, i.e. 30 years (Article 166). 
 
 Please describe the protection Egypt provides for performers, and the terms of the protection under the present copyright law of Egypt as well as the Shura Council draft. 
 
 Please refer to the answer given to the previous question.  
Article 14.2 of the TRIPS Agreement provid es that producers of phonograms are to 
enjoy the right to authorize or prohibit the direct or indirect reproduction of their phonograms.  Article 14.2 requires that producers of phonogr ams are to have the right to authorize or 
prohibit the commercial rental to the public of originals or copies of their phonograms.  Please 
describe how Egypt fulfils these obligations under the present copyright law and how these 
obligations would be implemented under the Shura Council draft. 
 Please refer to the answers given to the two previous questions above.  
It appears that Articles 148, 149 and 151 of the Shura Council draft impose significant 
restrictions on freedom of contract in relation to the transfer of copyright rights.  Please explain 
how these provisions, as presently drafted, would not constitute a barrier to trade. 
 The aforementioned Articles, deriving essentially from the provisions of the TRIPS 
Agreement Section 1, clearly state that judicial  review of any contractual arrangement will be 
available to correct any injustices. 
 
Please explain how Article 154 of the Shura Council draft would fulfil Egypt's 
obligations under Article  14.1 of the TRIPS Agreement? 
 The rights stipulated in draft law Article 154 include the performers' right to prevent 
the acts indicated in TRIPS Article 14.1 when undertaken without their authorization. 
 
Please explain how Article 168 of the Shura Co uncil draft is NOT a compulsory licence 
incompatible with Egypt's obligations under the TRIPS Agreement and the Berne Convention.  In particular, please explain how Article 168 m eets the requirements of the Berne Appendix for 
a compulsory licence of copyrighted materials. 
 The essential purpose of Articl e 168 is to provide an exception to the exclusive rights of 
the right holder while indicating the special cases wher e such exception is permitted.  This is in line 
with the provisions in TRIPS Article 13.   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 th e data or material itself.  These limitations and 
exceptions are as expressed in Articles 169 and 170 of the new IPR law. IP/Q/EGY/1, IP/Q2/EGY/1, 
IP/Q3/EGY/1, IP/Q4/EGY/1 Page 40 
 
 
It appears that Article 169 (Third) of the Shura Council draft could unreasonably 
prejudice the legitimate interests of a copyright owner of computer software, particularly as to 
(Third)(6) in the present draft not being limited to obtaining information necessary to achieve 
the interoperability of an independently created program.  Please explain how this issue will be 
addressed to avoid this problem. 
 This Article has been revised in the Committe e of the People's Assembly to be in full 
compliance with the TRIPS Agreement.  
Please explain how the Shura Council draft sa tisfies Egypt's obligations with respect to 
TRIPS Articles 51-60 to provide effective border measures against infringing goods. 
 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 offense including the goods imported from abroad following their entry and being subjected the seizure; and (3) seizure may, as the case may be, be made by Customs Authorities before releasing such goods.   Article 177 relating to the protection of c opyright 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 d espite the fact that such act does not constitute an 
obligation pursuant to TRIPS Agreement Article 50.2, the Egyptian Customs Regulations allow 
such authorities to open parcels for inspection purp oses, if there is doubt th at such parcels contain 
any infringing goods, without the presence of the concerned party (Article 51 of Customs Regulations no. 66/1963). 
 
Please explain how Article 177 of the Shura Co uncil draft fulfils Egypt's obligation to 
provide that courts may act inaudita altera partes in appropriate cases. 
 The draft law Article 177 gives a listing of the provisional measures that can be ordered by 
court in litigation situations.  
It appears that Article 178 of the Shura Council draft would provide for  government-
sanctioned sale of pirated goods.  Please expl ain how this would not unreasonably prejudice the 
legitimate interests of a copyright owner and, thereby, violate Article 13 of the TRIPS Agreement. 
 The language in draft Article 178 is to be read  as part of the provisional measures which the 
court may order pending a final decision.  
Please explain how Article 179 of the Shura Co uncil draft provides for the availability of 
criminal fines "sufficient to provide a deterrent" as required by Article 61 of the TRIPS Agreement. 
 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. 
 IP/Q/EGY/1, IP/Q2/EGY/1, 
IP/Q3/EGY/1, IP/Q4/EGY/1 
Page 41 
 
 
 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 ge ographical indications; and provides that the 
infringer shall be punished with imprisonment for a period of no less than two months and a fine of LE5,000-20,000 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 LE10,000-50,000.  The seizure of infringing goods is to be ordered in 
all cases.  The judicial authority may also decide to order the closure 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 a nd a fine of LE5,000-10,000 or either of the two 
penalties where the crime is committed for the first time .  It also stipulates that the imprisonment shall 
be binding for a period of no less than three months  together with a fine of LE10,000-50,000 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 at the 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;  th e closure is obligatory in case of return. 
 
It appears that Article 187 of the Shura Council draft does not provide express "points 
of attachment" for the protection of non-Egypti an copyrighted works.  Please explain how the 
Shura Council draft provides the appropriate points of attachment to fulfil Egypt's TRIPS 
obligations.   
 The new draft IPR law has been modified to  include the right of non-Egyptian copyright 
works as follows:  (1) With respect to copyright and neighbouring rights, under the new IPR law any Egyptian 
person (natural or legal), as well as foreigne rs 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 Me mber state, for their works published in 
one of the WTO member  states, or simultaneously in a state outside WTO and in a 
Member state. 
 2. Authors of cinematographic work the maker of which has his headquarters or habitual 
residence in one of WTO Member states. 
 3. Authors of works of architecture, erected in a WTO Member state or other artistic 
works incorporated in a building or othe r 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.  IP/Q/EGY/1, IP/Q2/EGY/1, 
IP/Q3/EGY/1, IP/Q4/EGY/1 Page 42 
 
 
b. The Performance is incorporated in a phon ogram 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.  
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 transm itter 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 transmitt ed from a transmitter situated in a WTO Member 
state.  
 The new IPR law grants nationals of all WT O Member states most-favoured-nation treatment 
with regard to the protection of intellectual propert y.  The exemptions that form this obligation are 
any advantage, favour, privilege or immunity accorded  deriving from: a) international agreements on 
judicial assistance and law enforcement of a genera l nature and not particularly confined to the 
protection of intellectual property; and b) intern ational agreements related to the protection of 
intellectual property which entered in to force before 1 January, 1995. 
 
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 includes 
names having a distinguishing natu re, 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 industr ial 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.  
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 trademark law and describe the rights that the 
owner of a registered mark acquires with registration. 
To register a trademark in Egypt a written app lication is to be submitted to the Trademarks 
Office by the applicant himself or by his legal representative.  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 IP/Q/EGY/1, IP/Q2/EGY/1, 
IP/Q3/EGY/1, IP/Q4/EGY/1 
Page 43 
 
 
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 executiv e 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 use 
requirement 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 determin ed 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 a pplicant 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 Mini ster, of three members, one of whom is to be 
selected from the Council of State.    
The executive regulation of the new IPR law spec ifies 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-executi ng ruling by a court having the jurisdiction has been 
issued in favour 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 spec ified 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 execu tive regulation of the draft determines the terms and 
conditions of objection. 
 
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 notifi cation, 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 IP/Q/EGY/1, IP/Q2/EGY/1, 
IP/Q3/EGY/1, IP/Q4/EGY/1 Page 44 
 
 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 a pplicant 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 Mini ster, of three members, one of whom is to be 
selected from the Council of State.    
The executive regulation of the new IPR law spec ifies 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-executi ng ruling by a court having the jurisdiction has been 
issued in favour 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 spec ified 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 execu tive 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 service ma rks, citing the relevant provisions of law. 
 Egypt has signed and ratified the Paris Conven tion for Protection of Industrial Property as 
revised in Stockholm (1967).   The Convention was published in the Egyptia n Official Gazette on 6 March, 1975 and 
became according to Article 151 of the Egyptian Cons titution part of the Law of the Land.  Therefore, 
the protection of the well-known mark has been recogn ized 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 we ll-known marks.  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, un less that application is submitted by the owner of 
the well-known mark.  
With regard to the question of the protecti on of service marks, this question has been 
previously answered. 
12. Please describe in detail any limitations or sp ecial requirements that apply to trademark 
rights under Egypt's laws and indicate how tho se limitations take account of the legitimate 
interests of the owner of the trademark and of third parties. 
 One of the limitations that apply to tradem ark rights under Egyptian new IPR law results from 
application of the concept of exhaustion (Artic le 6 of the TRIPS Agreement).  Taking into 
consideration that the owner of a trademark has the right to prevent others from importing his 
trademark-bearing product, the Egyptian new IPR law c onsiders that such an obstacle is not justified IP/Q/EGY/1, IP/Q2/EGY/1, 
IP/Q3/EGY/1, IP/Q4/EGY/1 
Page 45 
 
 
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 co nditions 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, agai nst payment of the same fee paid for the first 
registration.  The mark owner, may however, appl y for renewal of the protection period within six 
months of the date of expiry, against payment of th e set fee and a surcharge, to be specified in the 
executive regulations, not exceeding LE500.  Otherwi se, the Trademarks Office will cancel the mark, 
if the owner fails to apply within the six month period referred to above. 
 Additional question:
6 
 
 Draft Article 96 would preclude trademark owners from refusing to terminate or renew 
a licensing agreement with good cause.  Please explain in detail how a trademark owner would 
be able to ensure that a licensee maintain ed appropriate quality standards and fulfilled 
obligations of the licensing agreement. 
 
 Under draft Article 99 the parties may set the term of the trademark licensing contract provided that provisions of Article 96 will be taken into account.   Once the term of licence is indicated, the li censor is not entitled, according to Article 96 (as 
amended), to terminate the licence agr eement, except for a legitimate reason. 
   Draft Article 96 (as amended) does not addr ess the question of renewal of the contract. 
 
Additional questions:
7 
 
 Please describe the subject matter that can comprise a trademark under the trademark law of Egypt. 
 
 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 includes 
names having a distinguishing natu re, 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 industr ial 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. 
                                                     
 
6 The response to this additional question was circulated in document IP/C/W/278/Add.1. 
7 The following additional questions were circulated in document IP/C/W/268. IP/Q/EGY/1, IP/Q2/EGY/1, 
IP/Q3/EGY/1, IP/Q4/EGY/1 Page 46 
 
 
It is to be noted that three-dimensional marks and single colours are not included in draft law 
Article 64.  
Please describe the procedure that must be followed to register a trademark in Egypt, 
citing the relevant provisions of the trademark law,  and describe the rights that the owner of a 
registered mark can exercise. 
To register a trademark in Egypt a written app lication is to be submitted to the Trademarks 
Office by the applicant himself or by his legal representative.  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 executiv e 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 use 
requirement 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 determin ed 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 the 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 th is decision by registered mail within 30 days 
from the date of its issuance (Article 78).  The app licant 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 Mini ster, of three members, one of whom is to be 
selected from the Council of State.    
The executive regulation of the new IPR law spec ifies 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-executi ng ruling by a court having the jurisdiction has been 
issued in favour 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 spec ified in the executive regulation of the new IPR 
law. 
 IP/Q/EGY/1, IP/Q2/EGY/1, 
IP/Q3/EGY/1, IP/Q4/EGY/1 
Page 47 
 
 
 Any concerned party may object in writing to the decision of accepting the registration of the 
mark, within 60 days of publication.  The executiv e regulation of the draft determines the terms and 
conditions of objection.  
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 is to give a reasoned deci sion either for approval or rejection of the 
previous registration decision, after hearing from th e concerned parties.  This latter decision may be 
objected to before the competent court within 30 days from the date of notification of the other concerned party by registered mail.  
 Registration shall be active as of the date of filing.  The Trademarks Office shall grant the 
mark owner a certificate containing the information pu blished in the Gazette of Trademarks, Industrial 
Designs and Models.   Under Article 66 of the new IPR law, whoever registers a mark is considered the owner of the mark, provided that it is used for five years following registration without opposition by the other 
undertakings in regard to priority of  use.  During the aforementioned period of five years, any earlier user of 
the mark is entitled to submit a petition seeking avoidance of registration.  However, a petition for avoidance of registration may be filed at any time if it becomes evident that registration has been associated with bad faith.   Please provide the length and terms of protection the trademark law of Egypt provides for a trademark. 
 
 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 how ever, 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 the executive regulati ons, not exceeding LE500.  Otherwise, the Trademarks Office will 
cancel the mark, if the owner fails to apply within the six months period referred to above.   Please explain whether the owner of a registered trademark has the right to assign his trademark with or without the transfer of the business to which the trademark belongs as required by TRIPS Article 21. 
 
 The new (draft) law provides (in Articles 88 and 89) for assigning a trademark with or 
without the transfer of the business to which the trademark belongs.  
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 geogr aphical origin.  For extending protection to those 
indications, it is essential that they must have  acquired protection in the country of origin. IP/Q/EGY/1, IP/Q2/EGY/1, 
IP/Q3/EGY/1, IP/Q4/EGY/1 Page 48 
 
  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 geogra phical indication, it is essential that production 
of the good in question must consistently be undert aken by the applicant at  the especially famous 
geographical area.  It is not to be registered if th e 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 Article 112, a tradem ark that incorporates a geographical indication 
may be registered if the right to that mark is acqui red 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. 
 
Additional questions
:8 
  Please describe in detail how the laws of Egypt provide for the recognition and protection 
of geographical indications required by Article 22.2 of the TRIPS Agreement, citing to the 
relevant provisions of law or regulations, and provide examples of geographical indications so protected. 
 
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 geogr aphical origin.  For extending protection to those 
indications, 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 geogra phical indication, it is essential that production 
of the good in question must consistently be undert aken by the applicant at  the especially famous 
geographical area.  It is not to be registered if th e use of which could mislead the public as to the true 
geographical origin of the related good. 
 Please describe in detail the manner in which the higher level of protection required for 
wines and spirits under Article 23.2 of the TRIPS Ag reement is implemented, citing to the 
relevant provisions of law or regulation and provide examples of geographical indications for 
such products. 
 
The draft law provides no specific treatment of this issue. 
 
                                                      
8 The following additional questions were circulated in document IP/C/W/268. IP/Q/EGY/1, IP/Q2/EGY/1, 
IP/Q3/EGY/1, IP/Q4/EGY/1 
Page 49 
 
 
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 an y composition of lines or any three-dimensional 
form whether or not associated with colours is c onsidered to be an industrial design provided that 
such form has a specific a ppearance that is new and could be used for industry. 
 
 Under draft Article 124 it is not allowed to regi ster designs or drawings which merely serve 
technical of functional considerations of the product. 
 
 Under Article 126 of the new IPR law, the protec tion period of industrial designs is ten years 
effective from the date of filing the applicati on for registration.  The Commercial Registration 
Authority 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, th e 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 licence for the use of  the design in return for a fa ir compensation.  The executive 
regulation sets the conditions, and the procedures for granting this licence. 
Additional questions
:9 
 
 Please describe the procedure that must be  followed to obtain protection for industrial 
designs, citing to the provisions of the law of  Egypt and describe the nature of the protection 
provided. 
  Article 120 of the new IPR law states that an y composition of lines or any three-dimensional 
form whether or not associated with colours is c onsidered to be an industrial design provided that 
such form has a specific a ppearance that is new and could be used for industry. 
 
 Under draft Article 124 it is not allowed to regi ster designs or drawings which merely serve 
technical of functional considerations of the product. 
 
 Under Article 126 of the new IPR law, the protec tion period of industrial designs is ten years 
effective from the date of filing the applicati on for registration.  The Commercial Registration 
Authority 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, th e 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 licence for the use of  the design in return for a fa ir compensation.  The executive 
regulation sets the conditions, and the procedures for granting this licence. 
                                                     
 
9 The following additional questions were circulated in document IP/C/W/268. IP/Q/EGY/1, IP/Q2/EGY/1, 
IP/Q3/EGY/1, IP/Q4/EGY/1 Page 50 
 
 
 Please describe the procedure that must be  followed to obtain protection for textile 
designs and cite to the relevant provisions of law or regulation. 
 
 Please refer to response given above to the previous question. 
 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 processes, and new applications of known 
manufacturing methods.  Please indicate if patent s 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 by Article 27.1 of the TRIPS Agreement. 
The new Egyptian law (currently in draft form, Ar ticle 1), in full conformity with Article 27.1 
of the TRIPS Agreement, authorizes the grant of pate nts for every invention that is new, involves an 
inventive step, and is capable of industrial app lication, and whether the invention concerns new 
industrial products, novel industrial processes or means, or a ne w 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 produc t 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, woul d justifiably be taken as a scientific finding or even a discovery, 
i.e. treated as publishable knowledge to appear in th e scientific literature to the credit of its author and 
for the benefit or all readers.  In this connec tion one must recall Article 27.3(a) of the TRIPS 
Agreement which allows the exclusion from patent ability 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; 
  (b) product inventions consisting of el ements 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 theo ries and discoveries, mathematical methods, 
programs, and schemes are not patentable.  Accordingly, business methods including IP/Q/EGY/1, IP/Q2/EGY/1, 
IP/Q3/EGY/1, IP/Q4/EGY/1 
Page 51 
 
 
processes that facilitate the conduct of busi ness, no matter how "inventive", are not 
patentable. 
 (d) microorganisms. 
 Microorganisms are patentable, in compliance w ith Article 27.3 (b) of the TRIPS Agreement. 
19. Under Article 2 of current law, any invention contrary 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, ci ting to the relevant provisions of law.  Also, 
please indicate whether a determination 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 (s imply, not automatically) from patentability 
inventions the exploitation (meani ng commercial exploitation) of wh ich 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 th e 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 la w, 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 la w 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-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 allowed in the same TRIPS Article; see below. 
The effect of this way of expressing rights gi ven 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 imitation with the intention of handling in comme rce 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 punishme nts include imprisonment and monetary fine, 
in addition to forfeiture of the goo ds 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. IP/Q/EGY/1, IP/Q2/EGY/1, 
IP/Q3/EGY/1, IP/Q4/EGY/1 Page 52 
 
 
21. Please identify any exceptions to the rights co nferred 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 a nd do not unreasonably p rejudice 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 are all 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 Pa tents 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 ex ercise his rights in respect of the use, sale, 
offering for sale, importing or other distribu tion of goods, once he has marketed such goods 
(Article 28 of the TRIPS Agreement);  it bei ng 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 fait h made a product, used a process for making 
a specific product, or has made serious prepara tions 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 prin ciple involved in a patented process, making 
use of such principle in an indirect
 application of the process to obtain a product different  
from that which would result from the direct application of the protected process. Article 28.1(b) of the TRIPS Agreement, concer ned 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 sci ence or to scientific discovery;  the chief 
concern is to guard against infringement involving commercial-scale exploitation by unauthorized persons.  Another basic ethic, that  needs to be remembered, is portrayed by 
Article 29 of the TRIPS Agreement, where the disc losure 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 conn ection with those products which require 
marketing authorization by a government body be fore 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 th e product during the term of protection for the 
purpose of obtaining a marketing authorization, with the proviso that such marketing does not IP/Q/EGY/1, IP/Q2/EGY/1, 
IP/Q3/EGY/1, IP/Q4/EGY/1 
Page 53 
 
 
occur except after the termination of the te rm of protection (WTO document WT/DS114/R, 
dated 17 March, 2000). 
(g) Without being specific, any other acts th at constitute limited exceptions to the 
exclusive rights conferred by a patent, provi ded that such acts do not unreasonably conflict 
with a normal exploitation of the patent an d 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 20 years measured from the date of filing.  Please describe the 
term of protection for patents available under Egyp t'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 wh at 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 th e new IPR law Article 10 is 20 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 of a period of 20 years measured from the date of filing. 
According to the new IPR law, the protection pe riod 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 incorporat ed 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 th e Paris Convention, as incorporated by Article 2.1 
of the TRIPS Agreement.  It addresses the circumst ance 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 licence 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.  
25. Article 27.1 of the TRIPS Agreement requi res 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 licences to prevent the abuses which mi ght result from the exercise of the exclusive rights 
conferred by the patent, for example, failure to work".  IP/Q/EGY/1, IP/Q2/EGY/1, 
IP/Q3/EGY/1, IP/Q4/EGY/1 Page 54 
 
 
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 re levance here is that a reward that the society 
deservedly receives, in exchange for conferring comp lete 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 owner, thereby cr eating work opportunities for the local population in a 
win-win type of relationship. 
 This lofty goal will be defeated in the situ ation 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 th e patentee of goods.  Such importation "into the 
country where the patent has been granted of Ar ticles 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 betwee n the importation of goods and the working of 
the 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 th e Paris Convention, to abuses which might result 
from 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 "t he first patent" in Article 31(l) of the TRIPS 
Agreement correspond to the terms "the invention" a nd "the other invention" in the new law Article 
25, respectively.  The safeguards are the same, name ly that granting a compul sory 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) the invention must involve a technical and economic 
importance in comparison with the other invention,  and (b) the owner of the patent of the other 
invention 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 li cences 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.  
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). IP/Q/EGY/1, IP/Q2/EGY/1, 
IP/Q3/EGY/1, IP/Q4/EGY/1 
Page 55 
 
 
Additional questions :10 
  Please explain whether a known enzyme that wa s isolated from an animal and used as a 
contact lens cleaner would be patentable under the Egyptian draft law if this method of use is 
new, has an inventive step and industrial application. 
 
 A strict reading, that is presumably also a fair reading, of Article 27.1 of the TRIPS 
Agreement would lead to the following understanding: the method
 of use of the contact lens cleaner 
in connection with a specific health problem is in  itself not patentable; cf. Article 27.3(a) of the 
TRIPS Agreement. 
 
Article 19(1) of the draft law appears to mandate that all applications directed to 
inventions in the pharmaceutical field not be granted until approval has been provided by the 
Egyptian Ministry of Health.  How would the criteria that are to be used in evaluating such 
applications by this Ministry be established. 
The issue contained in the first paragraph of th e draft law Article 19 has been the subject of 
much controversy with widely differe nt positions held by different parties.  The latest draft text that 
emerged (early June 2001) from the latest deliberations step does not  contain this paragraph. 
Receiving and examination of patent applications in all fields of technology remain the function and 
duty of the Patent Office. 
 Draft Article 11 appears to provide that pa tent rights are "exhausted" if the patent 
owner has marketed the invention anywhere in the world.  Please explain whether this authority 
is limited to products voluntarily placed on the market by the patent owner without restriction. 
 
 The patent rights are "exhausted" if the patent  owner has marketed the invention (i.e. actually 
put the protected product on the market for circula tion in the normal channels of commerce) anywhere 
in the world.  The practical effect of this exha ustion is that the patent owner cannot prevent third 
parties from using, selling, importation[importing], or other distribution of goods which constitute the 
subject matter of a valid patent.  The language in th e draft law Article 11 clearly refers to the action 
taken by the patent owner in marketing by himsel f or through authorizing the marketing of the goods 
in question.   Draft Article 11 appears to exempt any "sci entific activities" from the possibility of 
being patent infringement.  Please explain in deta il the "scientific activities" that are envisioned. 
 
 The exemption of "scientific activities" is standard  in many, if not most patent laws.  It refers 
to acts done for purposes of scientific research, not for commercial purposes, regardless of the scale of 
the experimentation activities.  This also means that a university or a research institution will not 
commit an infringement by carrying out the patented invention if that operation is only undertaken for 
the purposes of scientific research.  The first practical benefit that can be derived from this activity is 
learning from the experience of the inventor in the manner that enables local researchers to build upon 
work already done, thereby increasing the pace of innovation. 
 
Draft Article 14 appears to require that applic ations related to biological matter include 
proof that the materials in the application were ob tained legally in the country of origin.  Please 
explain in detail the nature of the proof envisioned. 
 It is not clear what the question (in fact a st atement) seeks to clarify.  However, it is true, 
according to the current wording of draft Article 14, that where the invention concerns biological 
                                                     
 
10 The responses to the following additional questions were circulated in document IP/C/W/278/Add.2. IP/Q/EGY/1, IP/Q2/EGY/1, 
IP/Q3/EGY/1, IP/Q4/EGY/1 Page 56 
 
 matter of traditional knowledge, the inventor is re quired to submit proof that the materials in the 
application were obtained legally in accordance with  the laws enforced in Egypt; cf. Convention on 
Biological Diversity Articles 8(j) and 15.5.  Additional questions:
11 
 
 Please describe in detail the way in which the patent law of Egypt implements Article 27 
of the TRIPS Agreement, indicating any excep tions provided for, and including details 
regarding the protection for micro-organisms a nd non-biological and microbiological processes 
and plant varieties.  Please cite to the relevant provisions of the law. 
 
 This question has been responded to in the answer previously provided to Question 17 
posed by the United States (above, page 50).  The exceptions to the rights conferred by a patent in Egypt have been enumerated and discussed in  the answer given to the previously posed 
Question 21, above (pages 52-53).  Also, the protection provided for microorganisms thr ough 
patenting, being assured in the new law, currently in draft form, has been indicated in the response given to the previously posed Questi on 18(d), above (page 51).  The patentability of 
microbiological and non biological processes for the produc tion of plants and animals is stipulated in 
the new (draft) law Article 2.   Please describe in detail the rights provided patent holders under the patent law of 
Egypt 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-holder and, as such, it embraces all the rights specified by the TRIPS Article 28 
(paragraph 1 and 2) and is subject to the ex ceptions allowed in the same TRIPS Article; see 
below.   The effect of this way of expressing rights gi ven 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 imitation with the intention of handling in commerce of the subject matter of a protected 
invention or utility model; (b) the selling, offe ring 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.  Th e court sentence will also be published, at the 
infringer's expense, in at least one daily newspaper.  
 Please describe in detail any provisions in the laws of Egypt permitting unauthorized 
use of a patent, citing to the relevant provisions of law, and describe in detail the conditions under which such use can occur. 
 
 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 Paris Convention Article  5. A(4), 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 licence 
                                                     
 
11 The following additional questions were circulated in document IP/C/W/268. IP/Q/EGY/1, IP/Q2/EGY/1, 
IP/Q3/EGY/1, IP/Q4/EGY/1 
Page 57 
 
 
will be permitted only after the expira tion of a period of four years from the date of filing of the patent 
application or three years from the date of the gr ant of the patent, whichever period expires last. 
  The grounds for the grant of a compulsory licence and the conditions that govern and control 
such licenses are detailed in the new law in Ar ticles 25 and 26, respectively.  These grounds and 
conditions are essentially those stipulated  in the TRIPS Agreement Article 31. 
 
 What term of protection does the patent law of Egypt provide for patents? Please 
describe any provisions for extension of the term of protection and cite to the relevant 
provisions of the law.  
 An answer to this question has been given in the response earlier to the previously posed Question 23.  The new law, currently, in draft form, does not contain any language that implies the possibility of extending the term of protection for patents. 
 
 The term of protection for inventions in the new IPR law Article 10 is 20 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. 
 G. L
AYOUT -DESIGNS (TOPOGRAPHIES ) 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 ar e 35, 36, 37 and 38.  Egypt's new draft law 
grants protection for the layout-designs of integrated ci rcuits for 10 years.  The level of protection is 
in full compliance with the TRIPS Agreement; term s of protections are stated in Articles 46-55 of 
the new IPR law.  The Patent Office will be th e national authority that will be responsible for 
implementing Egypt's obligations of protecti ng the layout-designs of integrated circuits. 
Currently, the Egyptian Patent Office is formul ating the procedure rele vant 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 technical 
assistance from developed countries as to this issue. 
 
Additional question:12 
 
 Please describe in detail the protection for la yout-designs of integrated circuits provided 
under the laws of Egypt, including the term of pr otection, and cite to the relevant provisions of 
law. 
  The relevant Articles in TRIPS Agreement ar e 35, 36, 37 and 38.  Egypt's new draft law 
grants protection for the layout-designs of integrated ci rcuits for 10 years.  The level of protection is 
in full compliance with the TRIPS Agreement; term s of protections are stated in Articles 46-55 of 
the new IPR law.  The Patent Office will be th e national authority that will be responsible for 
implementing Egypt's obligations of protecti ng the layout-designs of integrated circuits. 
Currently, the Egyptian Patent Office is formul ating the procedure rele vant 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 technical 
assistance from developed countries as to this issue. 
                                                     
 
12 The following additional question was circulated in document IP/C/W/268. IP/Q/EGY/1, IP/Q2/EGY/1, 
IP/Q3/EGY/1, IP/Q4/EGY/1 Page 58 
 
 H. P
ROTECTION OF UNDISCLOSED INFORMATION  
30. Paragraph 2 of Article 39 of the TRI PS Agreement requires Members to provide 
protection for all undisclosed information, in cluding technical know-how and commercial 
information, which meets certain criteria.  This protection must endure as long as 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 protec tion 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, acquisiti on 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 right ful owner's consent in a manner contrary to 
honest commercial practices, subject to th e qualification provided in Article 56. 
31. What measures, as required by Article 42 of the TRIPS Agreement, are taken by 
judicial authorities in Egypt to protect the conf identiality of undisclosed information furnished 
by a party during legal proceedings to enforce righ ts 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 commercial use."  Please 
explain how Egypt implements this obligation, a nd in particular, please explain procedures if 
any that the Ministry of Health and Populat ion and the Ministry of Agriculture have 
implemented to give practical effect to this obligation. 
The obligation of Egypt, as related to the ma tter addressed in Article 39.3 of the TRIPS 
Agreement, is fulfilled through implementation of Ar ticle 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 c onsiderable 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 re quired for conducting the tests necessary for the 
marketing approval. IP/Q/EGY/1, IP/Q2/EGY/1, 
IP/Q3/EGY/1, IP/Q4/EGY/1 
Page 59 
 
 
(b) The concerned authorities, which receive su ch information, are ob liged to protect the 
information against disclosure and against unfair commercial use.  This obligation starts from 
the date the information is submitted and c ontinues 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 Mi nister's Decree (No. 2211) was issued (dated 
25 November, 2000) providing for the same obligation.  A formal notification of this commitment was also communicat ed (under Article 63.2 of the TRIPS Agreement) to the 
Council for TRIPS, and is contained in docum ent 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 evaluati ng 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 re quired for the testing, examination and 
evaluation of the product, are handled by a responsible government authority, the National Organization for Drug Control a nd Research (NODCAR) which is an organ 
of the Ministry of Health and Populati on, where all operations are conducted in 
complete secrecy and guarded against any form of disclosure to outside bodies expect when 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 tes ting the product of the first applicant or, 
where deemed necessary, to protect the public. 
(iii) Of the undisclosed information su bmitted by a first applicant, one can 
distinguish two types: 
 (A) the general facts and figures pe rtaining 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, to the 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 li mited to using - certainly not publishing 
or otherwise disclosing to any outsid e body - the test/evaluation methods 
which either are made available to th e authority by an applicant, or are 
already in the authority's possession for the normal discharge of its daily responsibilities. IP/Q/EGY/1, IP/Q2/EGY/1, 
IP/Q3/EGY/1, IP/Q4/EGY/1 Page 60 
 
 
Additional question:
13 
 No provision appears to give to a party that provides confidential test data to an 
Egyptian regulatory authority protection from unfair commercial use.  Moreover, the last 
sentence of the English-language version of draft Article 57 appears to permit authorities to rely 
on test data submitted by another to prove that  a similar product was safe and effective without 
any delay after the first party obtained market ing approval.  Please explain how Egypt will 
provide protection from unfair commercial use of test data as required by Article 39.3 of the TRIPS Agreement. 
The response to question 7 concerns the manne r 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 
TRIPS Agreement.  The matter is addr essed in Article 57 of the new law. 
 The obligation of Egypt, as related to the matte r addressed in TRIPS Article 39.3, 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 inform ation which (a) concern pharmaceutical or 
agricultural chemical products; (b) result from c onsiderable 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 re quired for conducting the tests necessary for the 
marketing approval.  
b.  The concerned authorities which receive such information are ob liged to protect the 
information against disclosure and against unfair commercial use.  This obligation starts from 
the date the information is submitted and c ontinues 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 Minist er's Decree (No. 2211) was issued (dated 
25 November, 2000) providing for the same oblig ation.  A formal notification of this 
commitment was also communicated (under Article 63.2 of the TRIPS Agreement) to the Council for TRIPS, and is contained in docum ent 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 concerne d 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 re quired 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 Populati on, 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. 
                                                     
 
13 The response to the following additional question was circulated in document IP/C/W/278/Add.2. IP/Q/EGY/1, IP/Q2/EGY/1, 
IP/Q3/EGY/1, IP/Q4/EGY/1 
Page 61 
 
 
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 case NODCAR) which can use the test data for testing the product of the first applicant or, where deemed necessary, to protect the pub lic.  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. 
 
iii. Of the undisclosed information subm itted by a first applicant, one can 
distinguish two types: 
 
(One) The general facts and figures pertaini ng 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, to the medical 
profession and to the general public, by the applicant himself upon releasing his 
product in the local market. 
 (Two) The qualitative/quantitative analytical  test-evaluation (chemical/biological) 
data and methods of procedure are kept with and reserved for the r estricted use of the 
concerned authority (NODCAR).  This authorit y's functions, to be sure, are limited to 
using - certainly not publishing or 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. 
 
Additional questions:
14 
 
 Please describe in detail how the laws of Egypt provide for the protection of undisclosed 
information as required by Article 39.2 of the TRIPS Agreement and provide citations to the 
relevant provisions of law. 
 
The new law contains provisions on the protec tion 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, acquisiti on 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 right ful owner's consent in a manner contrary to 
honest commercial practices, subject to th e qualification provided in Article 56. 
                                                     
 
14 The following additional questions were circulated in document IP/C/W/268. IP/Q/EGY/1, IP/Q2/EGY/1, 
IP/Q3/EGY/1, IP/Q4/EGY/1 Page 62 
 
 
 Please describe in detail the manner in which protection is provided test data regarding 
pharmaceutical and agricultural chemical produc ts submitted to the government in order to 
obtain marketing approval in Egypt and cite to the relevant provisions of law.  
The obligation of Egypt, as related to the ma tter addressed in Artic le 39.3 of the TRIPS 
Agreement, is fulfilled through implementation of Ar ticle 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 c onsiderable 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 re quired for conducting the tests necessary for the 
marketing approval. 
(b) The concerned authorities, which receive su ch information, are ob liged to protect the 
information against disclosure and against unfair commercial use.  This obligation starts from 
the date the information is submitted and c ontinues 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 Mi nister's Decree (No. 2211) was issued (dated 
25 November, 2000) providing for the same obligation.  A formal notification of this commitment was also communicat ed (under Article 63.2 of the TRIPS Agreement) to the 
Council for TRIPS, and is contained in documen t 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 evaluati ng 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 re quired for the testing, examination and 
evaluation of the product, are handled by a responsible government authority, the National Organization for Drug Control a nd Research (NODCAR) which is an organ 
of the Ministry of Health and Populati on, where all operations are conducted in 
complete secrecy and guarded against any form of disclosure to outside bodies expect 
when 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 tes ting the product of the first applicant or, 
where deemed necessary, to protect the public. 
(iii) Of the undisclosed information su bmitted by a first applicant, one can 
distinguish two types: 
 (A) the general facts and figures pe rtaining 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, to the medical profession and to the general public, by the applicant himself 
upon releasing his product in the local  market. IP/Q/EGY/1, IP/Q2/EGY/1, 
IP/Q3/EGY/1, IP/Q4/EGY/1 
Page 63 
 
 
 (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 li mited to using - certainly not publishing 
or otherwise disclosing to any outsid e body - the test/evaluation methods 
which either are made available to th e authority by an applicant, or are 
already in the authority's possession for the normal discharge of its daily responsibilities. 
 Are other applicants for marketing approv al for their own versions of a previously 
approval pharmaceutical or agricultural chemical products permitted to rely on data submitted 
by the earlier applicant?  If so, how long a peri od of exclusivity is give the earlier applicant 
before such reliance becomes possible.  
The obligation of Egypt, as related to the ma tter addressed in Artic le 39.3 of the TRIPS 
Agreement, is fulfilled through implementation of Ar ticle 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 c onsiderable 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 re quired for conducting the tests necessary for the 
marketing approval. 
(b) The concerned authorities, which receive su ch information, are ob liged to protect the 
information against disclosure and against unfair commercial use.  This obligation starts from 
the date the information is submitted and c ontinues 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 Mi nister's Decree (No. 2211) was issued (dated 
25 November, 2000) providing for the same obligation.  A formal notification of this commitment was also communicat ed (under Article 63.2 of the TRIPS Agreement) to the 
Council for TRIPS, and is contained in documen t 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 evaluati ng 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 re quired for the testing, examination and 
evaluation of the product, are handled by a responsible government authority, the 
National Organization for Drug Control a nd Research (NODCAR) which is an organ 
of the Ministry of Health and Populati on, where all operations are conducted in 
complete secrecy and guarded against any form of disclosure to outside bodies expect when 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 tes ting the product of the first applicant or, 
where deemed necessary, to protect the public. IP/Q/EGY/1, IP/Q2/EGY/1, 
IP/Q3/EGY/1, IP/Q4/EGY/1 Page 64 
 
 
(iii) Of the undisclosed information su bmitted by a first applicant, one can 
distinguish two types: 
 (a) the general facts and figures pe rtaining 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, to 
the 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 li mited to using - certainly not publishing 
or otherwise disclosing to any outsid e body - the test/evaluation methods 
which either are made available to th e 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 action s and what civil remedies are available under 
Egypt's laws to right holders of each kind of intellectual property covered by Part II of the 
TRIPS Agreement, including plant variety protec tion, that permit effective action against any 
act of infringement to prevent infringement an d deter further infringement, and cite to the 
provisions of law providing for those remedies. 
 The TRIPS Agreement regulates civil procedures in Articles 42 - 48. 
 
Article 42 concerns the general principles that mu st be available in the equitable trial (the 
principle of confrontation between the litigant parti es - guarantee of the right to defence - proxy in 
litigation). 
Undoubtedly, these principles are established in mo st legislations that regulate the civil 
procedures just as they are well and completely cove red 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 a nd to pay legal expenses and attorney's fees, as 
well.  This principle is governed by the general ru les 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 intell ectual property rights, to the extent that they may 
destroy them and destroy the tools and equipment mainly 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 (Article s 33, 36 concerning the area of patents).  Both 
Articles apply to layout-designs of integrated ci rcuits and undisclosed information.  Article 118 
concerning trademarks and geographical indications , Article 134 concerning industrial designs and 
models, Article 179 concerning copyright and neig hbouring 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/Q/EGY/1, IP/Q2/EGY/1, 
IP/Q3/EGY/1, IP/Q4/EGY/1 
Page 65 
 
 
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 tria l, as well as the decisions issued in cases shall 
be written and caused.  They are available for the parti es to get acquainted.  They are also to be based 
on documents and evidence submitted to the court.  These principles are reflected by procedural laws organizing the litigation measures either on civil leve l [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 a nd to protect the evidence relevant to the alleged 
aggression. 
 It is to be noted that such provisional me asures 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 Copyri ght 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 al so to utility models, integrated circuits and 
undisclosed information, Articles 116 & 117 concerni ng 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 Arti cle 50.2 of the TRIPS Agreement and under what 
circumstances that authority will be invoked. 
The same requirement and obligation are reflect ed in the draft of the new Egyptian law on 
IPR protection in its various areas. 
Additional questions:
15 
  Please describe in detail the manner in wh ich the laws of Egypt provide for effective 
action against infringement of intellectual proper ty rights as required by Article 41 of the 
TRIPS Agreement.  Please address any time limits or delays in the enforcement procedures, as 
well as whether decisions on the merits of the case are based only upon evidence in respect of 
which parties were offered the opportunity to be heard.  
 TRIPS regulates the civil procedures in Articles (42-48). 
 
                                                     
 
15 The following additional questions were circulated in document IP/C/W/268. IP/Q/EGY/1, IP/Q2/EGY/1, 
IP/Q3/EGY/1, IP/Q4/EGY/1 Page 66 
 
  Article 42 concerns the general principles that must be available in the equitable trial (the 
principle of confrontation between the litigant par ties – guaranty 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 cove red 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 a nd to pay legal expenses and attorney's fees, as 
well.  This principle is governed by the general ru les 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 th e judicial authorities in Article 46 to dispose of 
goods that they have found to be infringing to intell ectual property rights, to the extent that they may 
destroy them and destroy the tools and equipment mainly 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 (Article s 33, 36 concerning the area of patents).  Both 
Articles apply to layout-designs of integrated ci rcuits and undisclosed information.  Article 118 
concerning trademarks and geographical indications , Article 134 concerning industrial designs and 
models, Article 179 concerning the copyright and neighbouring rights and Article 200 concerning 
plant varieties, all address the question of punishab le acts and the penalties that may be imposed in 
situations of infringement.  
 
 Article 43.1 of the TRIPS Agreement requires that judges be authorized to order 
production of evidence necessary to substantia te a party's claims where the party has been 
unable to obtain such evidence from the opposi ng party.  Please describe how the laws or 
regulations of Egypt provide this authorization, citing to the relevant provisions of law or regulation. 
 
 Please refer to the response given to the previous question above. 
 
 Please describe in detail all of the civil rem edies that are available to right holders under 
the laws of Egypt, citing to the relevant provisions of law or regulation. 
 
 Please refer to the responses given to the two previous questions. 
 
 Please describe in detail the provisional procedures and remedies available to right 
holders under the laws of Egypt, citing to the relevant provisions of law and regulation, and 
indicate any condition under which a right holder may avail itself of those procedures and remedies.  
 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 a nd to protect the evidence relevant to the alleged 
aggression. 
 
 It is to be noted that such provisional me asures 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 Copyri ght 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 al so to utility models, integrated circuits and IP/Q/EGY/1, IP/Q2/EGY/1, 
IP/Q3/EGY/1, IP/Q4/EGY/1 
Page 67 
 
 
undisclosed information, Articles 116 & 117 concerni ng trademarks and geographical indications – 
Article 135 concerning copyright and neighbouring rights, and Articles 136, 201 and 202 concerning 
the plant varieties field. 
J. SPECIAL REQUIREMENTS RELATED TO BORDER MEASURES  
37. Please describe in detail the procedures under Egypt's laws, at least with respect to 
counterfeit trademarked goods and pirated copyri ghted works, that allow right holders to 
request customs authorities not to release goods in to free circulation and cite to the relevant 
provisions of law.  Please indicate if the custom s authorities have ex officio authority to take 
such action. 
With regard to trademarks and geographical i ndications the draft new law in Article 116 (1, 2 
and 3) stipulates that the president of the court ha ving 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 descrip tion of what had been the object of the 
offence including the goods imported from abroad  following their entry and being subjected 
the seizure;  and  
 (3)  seizure may, as the case may be, be made by Customs Authorities before releasing 
such goods. 
Article 177 relating to the protection of copyri ght and related rights does not preclude taking 
such measures.  Likewise, this may include an y 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 concer ned 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 prev ious questions nos. 35, 36 and 37. IP/Q/EGY/1, IP/Q2/EGY/1, 
IP/Q3/EGY/1, IP/Q4/EGY/1 Page 68 
 
 
Additional questions:
16 
  Please describe in detail the procedures under the laws of Egypt that provide for border 
enforcement at least for trademark counterfei ting and copyright piracy, identifying the 
competent authority and citing to the relevant provisions of law or regulation. 
 
With regard to trademarks and geographical i ndications the draft new law in Article 116 (1, 2 
and 3) stipulates that the president of the court ha ving 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 descrip tion of what had been the object of the 
offence including the goods imported from abroad  following their entry and being subjected 
the seizure;  and  
 (3)  seizure may, as the case may be, be made by Customs Authorities before releasing 
such goods. 
Article 177 relating to the protection of copyri ght and related rights does not preclude taking 
such measures.  Likewise, this may include an y 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 concer ned party (Article 51 of Customs Regulations 
no. 66/1963). 
 Please indicate if border enforcement is availa ble to owners of other forms of intellectual 
property and, if so, please describe the procedur es and remedies available in relation to each 
form of intellectual property, citing the relevant provisions of law.  Please also explain whether 
the importer and the right holder are promptly noti fied of the suspension of the release of the 
goods by the customs authorities. 
 
 Please refer to the answer given to the previous question. 
 
 Article 58 of the TRIPS Agreement speci fies procedures to be followed where the 
competent authorities can act ex officio.  Plea se explain whether the competent authorities in 
Egypt are empowered to act ex officio and, if so, please identify the in tellectual property areas 
subject to ex officio action. 
 
 Please refer to the answers given to the two previous questions. 
 
                                                      
16 The following additional questions were circulated in document IP/C/W/268. IP/Q/EGY/1, IP/Q2/EGY/1, 
IP/Q3/EGY/1, IP/Q4/EGY/1 
Page 69 
 
 
K. CRIMINAL PROCEDURES  
40. Please describe in detail the criminal actions and remedies that are available under 
Egypt's laws with respect to counterfeit trad emarked goods and pirated copyrighted works and 
cite to the relevant provisions of law. 
The TRIPS Agreement binds WTO Members to pr ovide 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 th e imprisonment and/or fine and the seizure of 
the infringing goods or any tools or equipment us ed in committing the crime, or destroying the 
infringing goods. 
With reference to the new draft law of Eg ypt, Article 114, enumerates the forms of 
infringement with respect to trademarks and geogr aphical indications; and provides that the infringer 
shall be punished with imprisonment for a period  of no less than two months and a fine of 
LE5,000-20,000 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 w ill be imprisonment for not less that two months 
and a fine of LE10,000-50,000.  The seizure of infri nging 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 copy right, the penalties, (Article 179 ) are imprisonment for a period of 
no less than one month and a fine of  LE5,000-10,000 or eith er of the two penalties where the crime is 
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  LE10,000-50,000 in case of recurrence.  The same 
Article also stipulates the imposition of multiple pena lties.  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 at 
the 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. 
41. Please indicate the authorities responsible for criminal actions involving intellectual 
property rights and indicate whether their auth ority extends to other forms of intellectual 
property rights. 
These authorities include police units located w ithin 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 cour t through direct prosecution and the jurisdiction of 
these authorities extends to other areas of intelle ctual property rights if their jurisdiction was 
criminally decided. 
42. Please explain whether and under what circumstances 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.  IP/Q/EGY/1, IP/Q2/EGY/1, 
IP/Q3/EGY/1, IP/Q4/EGY/1 Page 70 
 
 
Additional questions:
17 
 
 Please describe in detail how the laws of Egypt implement Article 61 of the TRIPS 
Agreement that requires Members to have cri minal procedures and penalties, including 
imprisonment and/or monetary fines sufficient to ac t as a deterrent, at least for cases of wilful 
trademark counterfeiting and copyright infringeme nt on a commercial scale.  Please cite to the 
relevant provisions of law and regulation. 
 
The TRIPS Agreement binds WTO Members to pr ovide 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 th e imprisonment and/or fine and the seizure of 
the infringing goods or any tools or equipment us ed in committing the crime, or destroying the 
infringing goods. 
With reference to the new draft law of Eg ypt, Article 114, enumerates the forms of 
infringement with respect to trademarks and geogr aphical indications; and provides that the infringer 
shall be punished with imprisonment for a period  of no less than two months and a fine of 
LE5,000-20,000 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 w ill be imprisonment for not less that two months 
and a fine of LE10,000-50,000.  The seizure of infri nging 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 copy right, the penalties, (Article 179 ) are imprisonment for a period of 
no less than one month and a fine of  LE5,000-10,000 or eith er of the two penalties where the crime is 
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  LE10,000-50,000 in case of recurrence.  The same 
Article also stipulates the imposition of multiple pena lties.  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 at 
the 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. 
 Article 61 also requires that remedies in appr opriate cases include the seizure, forfeiture 
and destruction of infringing goods and any materials and implements the predominant use of 
which has been the commission of the offence.  Please describe the provisions in the laws of 
Egypt that provide for such remedies, and descri be the circumstances in which those remedies 
would be imposed, citing to the relevant provisions of law or regulation. 
 
 Please refer to the answer given to the previous question above. 
 
 Article 61 also indicates that Members may provide for criminal procedures and 
penalties in cases of wilful infringement of ot her forms of intellectual property, Please describe 
any provisions of the laws of Egypt that provide for such procedures and remedies, citing to the relevant provisions of law or regulation. 
 
 There exist Articles in the new (draft) law which provide for criminal procedures and 
penalties in cases of wilful infringement of other fo rms of intellectual property.  The penalties and 
procedures include those indicated in the response given to the previous two questions above.  The relevant Articles (in the new, draft, law) are: Pate nts (33); layout-designs for integrated circuits (54); 
undisclosed information (62); industrial designs (134); and plant varieties (197). 
                                                     
 
17 The following additional questions were circulated in document IP/C/W/268. IP/Q/EGY/1, IP/Q2/EGY/1, 
IP/Q3/EGY/1, IP/Q4/EGY/1 
Page 71 
 
 
L. STATISTICAL QUESTIONS  
43. Please provide statistical information related to civil copyright, trademark, geographical 
indication, industrial design, patent, integrated circuit layout-design, and trade secret enforcement for each of the years 1998 and 1999, including the number of cases filed;  
injunctions issued;  infringing products seized;  infringing equipment seized;  cases resolved 
(including settlement);  and th e amount of damages awarded. 
Please see the introductory statement. 
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, co nvictions, and the amount of fi nes and/or jail terms (including 
whether the fines were paid and whether the ja il term was actually served or was suspended) 
and any other information establishing that the criminal system operates effectively to deter copyright piracy and trademark counterfeiting. 
Please see the introductory statement. 
45. Please describe any new initiatives that are planned to improve enforcement of 
intellectual property rights in Egypt, particular ly initiatives related to criminal enforcement. 
The Government, in the draft of the new la w on protecting intellectual property rights, 
established provisions to guarantee the criminal proc edures for all areas of intellectual property.  The 
matter 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 sei zure bodies have been greatly improved through 
training courses and provision of the necessary materi als and equipment.  Moreover, intensive training 
courses were conducted for public pr osecution personnel and judges so that they could acquire the 
skills necessary for investigating and deciding in cases related to protecting of intellectual property 
rights. 
 Furthermore, since Egypt acceded to the TRI PS Agreement, an active campaign to spread 
public awareness on intellectual property rights thr ough public advocacy, instruction and training 
programs.  This is evidenced, as one example, by the creation of a centre for intellectual property 
rights studies in the form of a non-governmental  organization which receives support form the 
Council of Ministers. 
Additional questions
:18 
46. Please provide statistical information related to civil copyright, trademark, geographical 
indication, industrial design, patent, integrated-circuit layout design, and trade secret enforcement for 2000, including the number of cases filed; injunctions issued; infringing 
products seized; infringing equipment seized; cases resolved (including settlement); and the 
amount of damages awarded. 
 Please see the introductory statement. 
 
                                                      
18 The following additional questions were circulated in document IP/C/W/268. IP/Q/EGY/1, IP/Q2/EGY/1, 
IP/Q3/EGY/1, IP/Q4/EGY/1 Page 72 
 
 
47. Please provide statistical information relat ed criminal enforcement in the area of 
copyright piracy and trademark infringement  for 2000, including the number of raids, 
prosecutions, convictions, and the amount of fin es and/or jail terms (including whether the fines 
were paid and whether any other information es tablishing that the criminal system operates 
effectively to deter copyright piracy and trademark counterfeiting. 
 Please see the introductory statement. 
 
 
__________