Design & Industrial And Models

Duration of Registration

10 years from the filing date, extendible once for a 5-year period

Registrable / Not Registrable

– The registration requirements are novelty and industrial applicability.
– The following are not registrable:

1. Designs normally required for artistic or functional considerations;
2. Designs consisting of symbols of religious character or stamps of flags of Egypt or foreign countries; and
3. Designs which are identical or similar to a registered trademark or well-known mark.

Procedure

– Formal examination is conducted, as well as examination as to novelty and industrial applicability.
– The certificate of registration is due for issuance.

Conventions and Legislation

Conventions

The relevant industrial design conventions of Arab Republic of Egypt are as follows:

1. Paris Convention (International Union) (as amended in Stockholm), 1 July 1951;
2. WIPO Convention, 21 April 1975; and
3. Hague Agreement concerning International Registration of Industrial Designs, 1 July 1952.

Laws

The relevant industrial design laws of Arab Republic of Egypt are as follows:
– Law No. 82/2002 dated 2 June 2002 concerning Protection of Intellectual Property Rights; and
– Ministerial Decree No. 1366 of 2003 concerning Executive Regulations of Law No. 82/2002.

Duration of Registration

The initial period of protection of a design is ten years from the filing date. Protection may be extended with a further five-year period upon filing a renewal application within the last year of the original ten-year period or within three months after expiration of the original term, extending the period of protection to fifteen years from the filing date.

Registrable / Not Registrable

A design is any arrangement of lines or any 3D form that takes a new shape and is industrially applicable.

The following are not registrable:

1. Designs normally required for artistic or functional considerations;
2. Designs consisting of symbols of religious character or stamps of flags of Egypt or foreign countries;
3. Designs the use of which is contrary to morality or public order; and
4. Designs which are identical or similar to a registered trademark or well-known mark.

Applicant

Without prejudice to the provisions of international conventions valid in Egypt, any Egyptian or foreign natural or juridical person having an actual and active activity in a member state of WTO or Paris Convention or a citizen of a country affording reciprocal rights to Egyptians, may file an application to register a design.

Assignment

Transfer of ownership is possible for all or part of the design with or without goodwill of the business. However, in order to be valid against a third party, assignment should be recorded in the official records.

The requirements for recordal are as follows:

1. Power of attorney from the assignee, duly legalized up to the Egyptian Consul;
2. Deed of assignment executed by both parties, duly legalized up to the Egyptian Consul;
3. If the assignee is a company, extract from the Commercial Register or Certificate of Incorporation, duly legalized up to the Egyptian Consul.

Requirements for Filing

The requirements for registration are as follows:

1. Application form duly completed, may be filled in and signed by the agent, showing name, address and nationality of the applicant;
2. If the applicant is a company, extract from the Commercial Register or Certificate of Incorporation or good standing, duly legalized up to the Egyptian Consul, to be filed no later than six months from filing date.

Requirements for Filing

The requirements for registration are as follows:

1. Application form duly completed, may be filled in and signed by the agent, showing name, address and nationality of the applicant;
2. If the applicant is a company, extract from the Commercial Register or Certificate of Incorporation or good standing, duly legalized up to the Egyptian Consul, to be filed no later than six months from filing date.

Power of Attorney

A power of attorney in Arabic duly legalized up to the Egyptian Consul, to be filed no later than six months from the filing date.

Priority

In case of convention applications, a priority document which should be filed within three months from the date of filing.

Examination

Applications are examined as to form and registrability (novelty and industrial applicability).

The Registrar may impose limitations or alterations, which he/she may find necessary. If the applicant fails to comply with these conditions within the defined term, the application shall be considered cancelled.

Opposition

No provisions relating to opposition are provided for.

Appeal

In case of rejection, the applicant may appeal within thirty days from the date of notification. The Committee of Appeals should decide within ninety days. Higher appeal against the decision rendered by the Committee of Appeals may be filed before the Administrative Court within sixty days from the date of the decision.

Publication / Deferred Publication / Public File Inspection

If the application is accepted, a publication fee must be paid, after which the publication takes place in the Official Gazette of Designs.

Nullity and Lapse

The competent authority or any interested party may request the cancellation of a design that was improperly registered, by filing a cancellation request before the Administrative Court.

Infringing acts / Non-infringing acts

The owner of a registered design shall have the right to prevent any third party from manufacturing, selling or importing products featuring the design.

The following acts shall not be considered as infringement:

1. Scientific activities;
2. Education or training purposes;
3. Non-commercial activities;
4. Manufacturing or selling parts of said products, which parts are used for repairing, in return for fair compensation;
5. Other uses which do not reasonably conflict with the normal use of the protected design and do not damage the legal interests of the owner taking into consideration the legal interests of others.

Penal provisions

Infringement shall be punished by a fine not less than E.P. 4,000.00 and not exceeding E.P. 10,000.00, if:

1. Anyone imitates a design registered according to the provisions of the law; and
2. Anyone knowingly manufactures, sells or offers for sale, or handles or possesses for the purpose of sale, a product taking the form of the registered design.

In case of recidivism, the accused shall be sentenced to imprisonment of not less than one month and a fine not less than E.P. 8,000.00 and not exceeding E.P. 20,000.00.

In all cases, the Court may order the confiscation of the design which is the subject of the crime, as well as products and tools used in committing the crime.

The Court may also order the publication of the judgment in one or more newspapers at the cost of the sentenced party.