Legal & Regulatory > Egypt > Patents & Trademarks

Patents and trademarks in Egypt – a comprehensive legal overview. Prepared in association with Youssry Saleh Law Firm, a leading global law firm, this is an extract from The Pharma Legal Handbook: Egypt, available to purchase here for GBP 75.

1. What are the basic requirements to obtain patent and trademark protection?

In accordance to the Executive Regulations provided in the Decree No. 1366 of the year 2003, the requirements to obtain patents are as follows:

Fill the application for patents at the Patent office; the patent application shall be accompanied by…

1. A fully detailed description, in Arabic, of the invention or utility model, prepared in a clear manner, using correct technical terms, including a statement on prior art and shortcomings therein, the novel element in the invention or utility model and the best way known by the inventor, to enable a person of expertise to execute it, showing also, in a precise and clear manner, the new elements for which protection is sought, and indicating any chemical equations or formulae or illustrative drawings.
   The applicant shall furnish, on the form established to that effect, full data and information on applications filed abroad for the same invention or utility model or any relevant information, the fate of such applications, and resulting decisions.
2. An abstract describing the invention or utility model in the Arabic and English languages, with chemical formulae, if any, using the form established to that effect.
3. Where the application relates to an invention or utility model involving plant or animal biological material, traditional medicinal, agricultural, industrial or handicraft knowledge, or cultural or environmental heritage, it shall be accompanied by documentation proving that the inventor has accessed the source from which the material was obtained in a legitimate manner, according to the legislation applicable in the Arab Republic of Egypt.
4. Where the invention involves microorganisms, the applicant shall disclose such organisms according to conventional scientific rules, including all necessary information for the identification of the nature, characteristics and uses of such organisms, shall deposit a live culture thereof with a laboratory authorized by decision of the competent minister for scientific research affairs, and shall furnish a certificate to the effect that such deposit was made.
5. Where the applicant is a legal entity, an extract from the commercial register or an official copy of the constitution act or decision shall be furnished.
6. Documentation establishing the quality of the applicant.
7. Documentation establishing, where applicable, the assignment by the right holder of the invention or utility model.
8. Certificate of temporary protection for the invention or utility model, if any.
9. Receipt of payment of the application fees.

The applications shall be recorded in the patent registry, which shall contain the following data:

1. Serial number of the application.
2. Date and time of receipt of the application.
3. Name of the inventor
4. Name, surname and address of the applicant, or, if the applicant is a legal entity, name and address of that entity, and an address for service.
5. Name and surname of the agent, if any.
6. Where the application for a patent or utility model was filed according to the provisions of Article 38 of the Law, name of the foreign entity or country with which the application was filed and the filing date of the application.
7. Acts relating to the patent application.
8. Date at which the decision granting the patent for the invention or utility model, was issued, the patent number, and the name of the right holder.
9. Acts and procedures relating to the ownership or right of exploitation, of the patent.
10. Actions of seizure carried out in relation with the patent.

The office may require that the applicant for a patent an invention or utility model for chemical products relating to foodstuff, pharmaceuticals and agriculture furnish two samples of such products.

The applicant shall establish a list of the samples and their nature, which shall be included in or attached to, the detailed description.

The applicant shall indicate, at the top of the detailed description of the invention or utility model, that such samples are furnished. The Office shall include such indication in the publication of the acceptance of the application, in the Gazette.”

2. What agencies or bodies regulate patents and trademarks?

The competent authority for Trademarks registrations is “The Department of Trade Registry”, while the competent authority for Patents registrations is “The Patent Office”.

3. What products, substances, and processes can be protected by patents or trademarks and what types cannot be protected?

According to Law No. 82 of the year 2002 which defined Patents in Article 1 as follows: “A patent shall be granted, in accordance with the provisions of this Law, to any industrially applicable invention, which is new, involves an inventive step, whether connected with new industrial products, new industrial processes, or a new application of known industrial processes. The patent is also granted, independently, for any modification, improvement or addition to a previously patented invention, which meets the criteria of being new, inventive and industrially applicable, as stated in the preceding paragraph; in which case the patent shall be granted, under the provisions of this Law, to the owner of the modification, improvement or addition.”

According to Law No. 82 of the year 2002 which defined the trademarks in Article 63 as follows:

“trademark is any sign distinguishing goods, whether products or services, and include in particular names represented in a distinctive manner, signatures, words, letters, numerals, designs, symbols, signposts, stamps, seals, drawings, engravings, a combination of distinctly formed colors and any other combination of these elements if used, or meant to be used, to distinguish the products of a particular industry, agricultural, forest or mining venture or any goods, or to indicate the origin of products or goods, or their quality, category, guarantee, preparation process, or to indicate the provision of any service. In all cases, a trademark shall be a sign that is recognizable by sight.”

Types of Patents that cannot be protected in accordance to the IPR Law No. 82 of the year 2002 are as follows:

1. Inventions whose exploitation is likely to be contrary to public order or morality, or prejudicial to the environment, human, animal or plant life and health.
2. Discoveries, scientific theories, mathematical methods, programs and schemes.
3. Diagnostic, therapeutic and surgical methods for humans and animals.
4. Plants and animals, regardless of their rarity or peculiarity, and essentially biological processes for the production of plants or animals, other than microorganisms, non-biological and microbiological processes for the production of plants or animals.
5. Organs, tissues, live cells, natural biological substances, nuclear acid and genome.

Types of trademarks that cannot be protected in accordance to the IPR Law No. 82 of the year 2002 are as follows:

The following shall not be registered as trademarks or components thereof:

1. Marks devoid of any distinctive character, or composed of signs or statements which only usage grants to the products, or which are the normal picture or image thereof.
2. Any mark which is contrary to public order or morality.
3. Public armorial bearings, flags and other emblems pertaining to the State or any other state, regional or international organizations, as well as any imitations thereof.
4. Marks, which are identical with, or similar to, symbols of religious character.
5. Symbols of the Red Cross or Red Crescent, or any other emblem of the same character, as well as any imitations thereof.
6. The portrait of an individual or his armorial bearings, except with his consent.
7. Designations of honorary degrees which the applicant is unable to prove his right thereto.
8. Marks and geographical indications which are likely to mislead or confuse the public or which contain false descriptions as to the origin of products, whether goods or services, or their other qualities, as well as the signs that contain an indication of a fictitious, imitated or forged trade name.

4. How can patents and trademarks be revoked?

Patents:

The rights conferred by a patent shall lapse and fall into the public domain under the following conditions:

1. Expiration of the protection period according to Article 9.
2. Relinquishment by the patent holder of his rights without prejudice to the rights of third parties.
3. Final decision taken revoking the patent.
4. Failure to pay, within one year from the due date, the annual fees or the overdue penalty of 7% of the annual fees, after notification of payment according to the procedure prescribed by the Regulations.
5. Where the invention is not exploited in Egypt within two years following the grant of a non-voluntary license and upon a request by any interested party submitted to the Patent Office.
6. Abuse by the patent owner of his rights, where the non-voluntary license is insufficient to remedy that abuse.

Reference to patents whose owners’ rights are terminated according to the previous provisions shall be published in the Patent Gazette, in the manner prescribed by the Regulations

Trademarks:

The competent court may, upon request by any interested party, issue an enforceable decision to cancel the registration if it appears to the court that the mark has not been seriously used for a period of five consecutive years.

A cancelled mark may be re-registered — in favor of its owner exclusively — within three years from the date of the cancellation, according to the prescribed conditions and same procedure of registration and against payment of a fee prescribed by the Regulations not exceeding 1,000 pounds. After the lapse of the said period, a mark may be re-registered for the benefit of its owner or a third party, in connection with the same products, under the same conditions, procedures and fees of the initial application for registration. However, where the cancellation is in response to an enforceable court order invalidating the registration of a mark, such a mark may be registered in favor of a third party soon after the cancellation.

5. Are foreign patents and trademarks recognized and under what circumstances?

Patents:

Without prejudice to the international conventions in force in Egypt, any natural person or legal entity, Egyptian or foreign, belonging to, domiciled or active in a country or an entity that is a member of the World Trade Organization or that applies reciprocity to Egypt, shall have the right to apply for a patent at the Egyptian Patent Office, and enjoy whatever rights derived therefrom, in conformity with the provisions of this Law. Nationals of all member countries of the World Trade Organization shall benefit from any advantage, preference, privilege or immunity granted by any other law to nationals of any state in connection with the rights provided in the IPR Law 82 of the year 2002, unless such advantage, preference or immunity derives from: (One) agreements on judicial assistance or agreement on law enforcement of general nature; (Two) agreements in connection with the protection of intellectual property rights which came into force prior to the 1st of January 1995.”

Trademarks:

Without prejudice to the provisions of international conventions in force in Egypt, any natural person or legal entity, Egyptian or foreign, belonging to or having the center of his or its effective activity in a country or entity member in the World Trade Organization or who applies reciprocity to Egypt, shall have the right to apply for the registration of a trademark with the Department of Trade Registry in Egypt, with all attendant rights in conformity with the provisions of the IPR Law 82 of the year 2002.

Nationals of all member countries of the World Trade Organization shall benefit from any advantage, preference, privilege or immunity granted by any other law to nationals of any state in connection with the rights provided for in this Chapter, unless such advantage, preference or immunity derives from: (One) agreements on judicial assistance or agreements on law enforcement of general nature; (Two) agreements in connection with the protection of intellectual property rights which came into force prior to 1st January 1995.

6. Are there any non-patent/trademark barriers to competition to protect medicines or devices?

In Egypt, there is not yet specific data and marketing exclusivity protection periods for medicines.
Nowadays, Egypt has applied the fast-track registration method for medicines that has already obtained the approval from foreign authorities such as FDA, EMA, etc.… Such method has been productive as it gives medicines the marketing exclusivity periods against any generic product not approved by the foreign authorities. New Therapeutic indications does not have extensions of the patent term. However, it can be registered as a new patent as long as it satisfies the conditions of patentability.

7. Are there restrictions on the types of medicines or devices that can be granted patent and trademark protection?

The IPR Law No. 82 of the year 2002, has set some list of what cannot be registered as trademarks, which are as follows:

• Marks devoid of any distinctive character, or composed of signs or statements which only usage grants to the products, or which are the normal picture or image thereof;
• Any mark which is contrary to public order or morality;
• Public armorial bearings, flags and other emblems pertaining to the State or any other state, regional or international organizations, as well as any imitations thereof;
• Marks, which are identical with, or similar to, symbols of religious character;
• Symbols of the Red Cross or Red Crescent, or any other emblem of the same character, as well as any imitations thereof;
• The portrait of an individual or his armorial bearings, except with his consent;
• Designations of honorary degrees which the applicant is unable to prove his right thereto; or
• Marks and geographical indications which are likely to mislead or confuse the public or which contain false descriptions as to the origin of products, whether goods or services, or their other qualities, as well as the signs that contain an indication of a fictitious, imitated or forged trade name.

8. Must a patent or trademark license agreement with a foreign licensor be approved or accepted by any government or regulatory body?

Patents:

If a patent application is filed in a country or by an entity member of the World Trade Organization or a country that applies reciprocity to Egypt, the applicant or the successor of his rights may, during the first year following the filing date of the application, file a similar application with the Patent Office in Egypt for the same subject matter and in conformity with terms and conditions provided for in this Law and its Regulations. In this case, for determining precedence, the date of the first application in the foreign country shall prevail.

Trademarks:

The owner of a well-known trademark, worldwide and in Egypt, shall have the right to enjoy the protection conferred by this Law even if such a mark is not registered in Egypt.

The Trade Registry Department shall, reject any application to register any mark which is identical with a well-known mark and is intended for products which are identical with those of the well-known mark, unless the application is submitted by the owner of the well-known mark.

The preceding paragraph shall apply to applications intended for products which are not identical with those of the well-known mark, where the well-known mark is registered in a country member of the World Trade Organization and in Egypt, and where the use of the mark in relation to those non-identical products is meant to lead people to believe that a connection exists between the owner of the well-known mark and those products, and that such a use may be prejudicial to the interests of the owner of the well-known mark.