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Intellectual Property Rights

Intellectual Properties Rights

Intellectual property rights (IPR) are the rights given to persons over the creations of their minds. Such as inventions; literary and artistic works; designs; symbols, names and images that are mostly used in commerce. They usually give their creator an exclusive right over the use of his/her creation for a certain period of time and they enable people to earn recognition or financial benefit from what they invent or create.

Intellectual Property Rights categories

  1. Copyright and rights related to copyright:
    Copyright is a legal term used to describe the rights that creators have over their literary and artistic works. Works covered by copyright range from books, music, paintings, sculpture and films, to computer programs, databases, advertisements, maps and technical drawings.
  2. Industrial property:
    Industrial property can also be divided into two main areas:
    – the protection of distinctive signs: This particularly includes trademarks and geographical indications. The importance of this is to help ensuring fair competition and the protection of the consumers, by enabling them to make informed choices between various goods and services.


-the protection of stimulating innovations: This includes patents, industrial designs and trade secrets. The purpose is to provide protection for the results of investment in the development of new technology, thus giving the incentive and means to finance research and development activities.

In other words,

Type of creation                                                                    Intellectual Property Rights

1- Literary, artistic and scientific works                                                Copyright

2- Performances of performing artists, phonogram
    recordings by producers, and rights of
    broadcasters over radio and TV programs                                  Related rights or     
                                                                                                               neighboring rights

3- Inventions                                                                               Patents and utility models

4- Product Appearance                                                                           Design

5- Signs – words – phrases – symbols – designs (or a
    combination of these) which are used as brands
     of goods and services                                                                       Trade mark

Therefore, and for the importance of the protection of those kinds of innovations and creations, the Egyptian Legislature enacted Law no. 82 of 2002 imposing sanctions and punishments on whoever violates the provisions of this law, divided as follows;

1- In relation to Patents and Utility Models:
Article 32;
Without prejudice to the provisions of Article 10, shall be subject to a fine of not less than 20,000 pounds and not more than 100,000 pounds any party who undertakes:

(1) the imitation, for commercialization purposes, of the subject matter of an invention or a utility model for which a patent has been granted in accordance with the provisions of this Law;

(2) the sale, offer for sale or circulation, importation or possession with the intention to trade, of products known to that party as imitations, where the patent for the invention or the utility model for such products is granted and valid in Egypt;

(3) the unlawful use, on products, advertisements, trademarks, packaging or others, of indications that may lead to believe that such a party has obtained a patent for an invention or a utility model. Repetition of the offence shall be punishable by imprisonment for a period of no more than two years and by a fine of not less than 40,000 pounds and not more than 200,000 pounds.

2- In relation to Layout-Designs for Integrated Circuits, and Undisclosed Information

Article 61; Without prejudice to any more severe punishment stipulated under any other law, any person who uses an illegal means to disclose information protected by the provisions of this Law, acquire or use such an information while aware of its confidentiality and that it was acquired by such illegal means, shall be punishable by a fine of not less than 10,000 pounds and not more than 50,000 pounds. In case of repetition, the punishment shall be an imprisonment for a period of not more than two years and a fine of not less than 50,000 pounds and not more than 100,000 pounds.

3- In relation to Marks, Tradenames, and Geographical Indications

Article 113; Without prejudice to any more severe punishment under any other law, shall be punishable by imprisonment for a period of not less than two months and by a fine of not less than 5,000 pounds and not more than 20,000 pounds, or by either punishment, any person who: (1) counterfeits a trademark registered in accordance with the law or imitates it in a manner which is likely to mislead the public; (2) fraudulently uses counterfeit or imitated trademarks; (3) fraudulently affixes to his products a trademark belonging to a third party; (4) knowingly sells, offers for sale or distributes, or acquires for the purpose of sale, products bearing a counterfeit or imitated mark, or on which the mark was unlawfully affixed. In case of repetition, the offence shall be punishable by imprisonment for a term of not less than two months and by a fine of not less than 10,000 pounds and not more than 50,000 pounds.

Article 114; Without prejudice to any more severe punishment under any other law, shall be punishable by imprisonment for a period of not less than one month and by a fine of not less than 2,000 pounds and not more than 10,000 pounds or by either punishment any person who:

(1) affixes a false trade indication to his products, on or inside his shops or warehouses, on signboards, packaging, invoices, correspondence, advertisements or any other means used for offering the products to the public;

(2) fraudulently places on his marks or commercial documents an indication that leads to believe that such mark has been registered;

(3) uses a mark that has not been registered, in the cases provided for in paragraphs 2, 3, 5, 7 and 8 of Article 67;

(4) mentions medals, diplomas, awards or other honorary distinctions of any kind whatsoever, in relation to the products in respect of which such distinctions do not apply, or in relation to the persons or commercial names who did not acquire them;

(5) participates with others in exhibiting products and uses for his own private products the distinctions granted to the jointly exhibited products, unless he indicates in a clear manner the source and nature of such distinctions;

(6) affixes on the products of his own trade, in a place especially reputed for the production of a certain product, geographical indications in such a manner as to mislead the public to believe that those products were produced in that place;

(7) uses any means for the designation or exhibition of products in a manner that may mislead the public as to the production of those goods in a geographical place especially reputed rather than the real place of origin of such products;

(8) manufactures a product in a place especially reputed for its production and who affixes a geographical indication on similar products he produces in other places in such a way as to suggest that such goods were produced in the said place.

And in case of repetition, such an offence shall be punishable by imprisonment for a period of not less than one month and by a fine of not less than 4,000 pounds and not more than 20,000 pounds.

4- In relation to Industrial Designs

Article 134; Without prejudice to any more severe punishment stipulated under any other law, shall be punishable by a fine of not less than 4,000 pounds and not more than 10,000 pounds any person who:

(1) imitates a protected industrial design registered according to the provisions of this Law;

(2) knowingly, manufactures, sells, offers for sale, acquires for trade or circulation, products bearing imitated industrial designs;

(3) unlawfully affixes on products, advertisements, trademarks, certain implements or the like, indications that may lead to believe that such a person has registered an industrial design. In case of repetition, the punishment shall be imprisonment for a period of not less than one month and a fine of not less than 8,000 pounds and not more than 20,000 pounds.

5- In relation to Copyrights and Related Rights

Article 181; Without prejudice to any more severe sanction under any other law, shall be punishable by imprisonment for a period of not less than one month and by a fine of not less than 5,000 pounds and not more than 10,000 pounds, or any of those sanctions, any person who commits any of the following acts:

(1) Selling, renting or putting in circulation under any form, a work, a sound recording or a broadcast program protected under this Law, without a prior written authorization from the author or the owner of the related right;

(2) Knowingly imitating, selling, offering for sale, circulation or rental, a work, a sound recording or a broadcast program;

(3) Knowingly imitating within the country, selling, offering for sale or circulation, renting or exporting to a foreign country a work, a sound recording or a broadcast program published in a foreign country;

(4) Dissemination through computer networks, Internet, information networks, communication networks and other means of technology of a work, an sound recording, a broadcast program 57 or a performance protected under this Law, without a prior written authorization from the author or the owner of the related right;

(5) Manufacturing, assembling or importing for the purpose of sale or rent any device, tool or implement especially designed or made to circumvent a technical protection means, such as encryption or the like, used by the author or the owner of the related right;

(6) Removing, neutralizing or disabling, in bad faith, any technical protection device used by the author or the owner of the related rights;

(7) Infringing any of the moral or economic copyrights or related rights provided for in this Law. Sanctions shall be multiplied according to the number of infringed works, sound recordings, broadcast programs or performances. In case of repetition, the punishment shall consist of imprisonment for a period of not less than three months and a fine of not less than 10,000 pounds and not more than 50,000 pounds.

6- In relation to Plant Varieties

Article 203; Without prejudice to any more severe punishment under any other law, deliberate violation of the provisions contained in this Book shall be punishable by a fine of not less than 10,000 pounds and not more than 50,000 pounds. In case of repetition, the punishment shall be an imprisonment for a period of not less than three months and not more than one year and a fine of not less than 20,000 pounds and not more than 100,000 pounds.

Read more: Copyright

Trademark

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