FAQs

Egypt

What is the process for registering a trademark in Egypt?

The trademark registration process in Egypt involves several steps:

  • Trademark Official Search (Optional):
    • Conduct an official search to ensure the trademark is not cited with any registered or well-known trademarks. While this step is not mandatory, it is highly recommended to assess the likelihood of the trademark being registrable.
  • Filing the Application:
    • Submit an application to the Egyptian Trademark Office along with the required documents:
      • A duly legalized and notarized Power of Attorney (PoA) on behalf of the applicant.
      • A duly legalized certificate of incorporation (COI) for the applicant or an official extract from the Commercial Register.
      • Late Filing: The PoA and COI can be submitted within 6 months from the date of filing.
  • Examination Period:
    • The Egyptian Trademark Office will examine the trademark application to ensure it meets legal requirements. The examination period typically lasts between 10 to 14 months from the filing date.
  • Publication Phase:
    • Once accepted, the trademark application will be published in the Official Gazette of Trademarks for a 60-day opposition period, during which third parties can file oppositions.
  • Registration Phase:
    • If no opposition is filed, or if any opposition is resolved in favor of the applicant, the trademark will be registered. A registration certificate will be issued, granting protection for ten years from the filing date.
Who is eligible to register a trademark under Egyptian Intellectual Property Rights Law?

Under Egyptian Intellectual Property Law, the registration of trademarks is available to both individuals and legal entities, irrespective of nationality. This includes both Egyptian nationals and foreign applicants, ensuring broad accessibility to trademark protection within Egypt.

How can ownership of a trademark be transferred in Egypt?

The transfer of ownership of a trademark registration must be recorded with the Egyptian Trademark Office. The process involves the following steps:

  • Filing the Application:
    • Submit an application to the Egyptian Trademark Office along with the required documents:
      • A Deed of Assignment (DoA) that has been duly legalized up to the Egyptian Consulate.
      • A duly legalized and notarized Power of Attorney (PoA) on behalf of the assignee.
      • A duly legalized Certificate of Incorporation or
        an extract from the Commercial Register of the assignee, duly legalized up to the Egyptian Consulate.
  • Recording and Notification:
    • The Trademark Office will examine the application, and upon acceptance, the transfer of ownership will be recorded in the register. A formal notification of the acceptance will be sent to the legal representative of the applicant.
  • Publication:
    • The recordal of the transfer of ownership must be published in the Official Gazette.
  • Expected Timeframe:
    • The expected timeframe for completing this process is approximately 3 to 4 months.
How can a trademark owner protect a trademark in Egypt?

Trademark owners in Egypt can protect their trademarks through several methods:

  • Trademark Registration:
    • Registering a trademark provides legal protection for 10 years and can be renewed upon request by the trademark owner. Registration grants exclusive rights to the use of the trademark in connection with the specified goods or services.
  • Enforcement Actions Against Infringement:
    • Trademark owners, including owners of well-known trademarks that are not registered in Egypt, can take legal action against infringement through the following methods:
      • Criminal Penalties: Infringers may face imprisonment for a period of not less than two months and fines for counterfeiting, imitation, and unauthorized use of trademarks.
      • Civil Claims: Rights holders can seek compensation for damages by filing lawsuits against infringers in civil courts. Further, right holders can seek injunctions to immediately refrain the infringers from using the registered trademark temporarily.
      • Preventive Measures: Trademark owners can request preventive actions such as inventory checks and the seizure of infringing goods to halt the distribution of counterfeit products.
      • Customs Notification System: Trademark owners can record their trademark registrations with the Intellectual Property Rights Department at the Egyptian Customs Authority to receive notifications of suspicious goods that may infringe upon their trademark.
  • Monitoring and Opposing Accepted Trademark Applications:
    • Monitoring: Regularly monitor newly registered trademarks through the Official Gazette of Trademarks to detect potential citations.
    • Opposition: File oppositions against similar or identical trademarks during the publication period to prevent the registration of cited marks.
What is the process for registering a patent in Egypt?

The patent registration process in Egypt involves the following main phases:

  • Preparing and Conducting Research:
    • Conduct a patent search and prepare the application, including a detailed description, claims, drawings, and an abstract.
  • Filing the Application:
    • Submit the application to the Egyptian Patent Office with the required documents:
      • A duly legalized and notarized Power of Attorney (PoA) on behalf of the applicant.
      • A duly legalized Certificate of Incorporation (COI) or equivalent, if the applicant is a legal entity.
      • A detailed description of the invention.
      • Information on related applications filed abroad and their outcomes.
      • An abstract in both Arabic and English.
      • Documentation proving legitimate access to biological materials or knowledge, if applicable.
      • Disclosure of necessary information and a live culture deposit if the invention involves microorganisms.
      • Documentation establishing the applicant’s status and assignment of rights, if applicable.
      • A certificate of temporary protection for the invention, if available.
  • Examination Period:
    • The Patent Office conducts formal and substantive examinations to ensure compliance with all requirements. The examination period typically lasts between 4 to 5 years from the filing date.
  • Publication Phase:
    • Once accepted, the application shall be published in the Patent Gazette, initiating a 60-day opposition period.
  • Grant Phase:
    • If no opposition is filed, or if resolved in favor of the applicant, the patent is granted one year from the filing date.
    • Annual maintenance fees are required to keep the patent in force.
Can a foreign individual or entity register a trademark in Egypt?

Yes, a foreign individual or entity is eligible to register a trademark in Egypt, provided that they meet the necessary legal requirements and submit the application to the Egyptian Trademark Office.

Do the author or copyright owner have to register their work in Egypt to enjoy protection?

No, authors or copyright owners are not required to register their work in Egypt to benefit from copyright protection. Protection is automatic upon creation, provided the work is original and fixed in a tangible medium. This is in accordance with Law No. 82 of 2002 on the Protection of Intellectual Property Rights and international agreements such as the Berne Convention, to which Egypt is a party.

However, while registration is not mandatory, it can offer additional advantages, such as serving as evidence of ownership in the event of a dispute.

How long does industrial design protection last?

In Egypt, protection for industrial designs lasts for ten years from the date of application filing. This initial term of protection can be extended once for an additional five years, resulting in a total of fifteen years of protection.

What are the benefits of registering a trademark in Egypt?

Registering a trademark in Egypt offers several significant benefits:

  • Legal Protection and Exclusive Rights:
    • Provides robust legal protection against infringement and counterfeiting, ensuring the exclusive use of the mark for the designated goods or services.
    • Grants the registrant the exclusive right to use the trademark in connection with the specified goods or services, preventing others from using a similar or identical mark within the same category.
    • The public record of trademark registration serves as a formal acknowledgment of the registrant’s rights, acting as a deterrent to potential infringers and providing the legal standing to enforce these rights and seek remedies.
  • Brand Recognition:
    • Enhances brand recognition and reputation, making it easier for consumers to identify and trust the products or services associated with the trademark.
  • Asset Value:
    • Trademarks are valuable intellectual property assets that can be sold, licensed, or used as collateral for securing loans, contributing to the overall value of the business.
Does Egyptian law protect the undisclosed information?

Yes, undisclosed information is protected under Egyptian law, provided it meets specific criteria:

  • Secrecy:
    • The information must be kept confidential and not generally known or readily accessible to individuals within the relevant circles who typically handle such information.
  • Commercial Value:
    • The information must possess commercial value, either actual or potential, due to its confidentiality, thereby providing a competitive advantage to its owner.
  • Reasonable Steps:
    • The owner of the information must take reasonable measures to maintain its secrecy and prevent unauthorized access or disclosure. from the filing date.
  • Legal Protection:
    • Criminal Penalty: Any individual who unlawfully acquires, uses, or discloses such information shall be subject to criminal penalties, including fines. In the case of repeated offenses, imprisonment may also be imposed.

UAE

What is the procedure for registering a trademark in the UAE?
  • Preliminary Search:
    • Optional step but recommended, conduct a preliminary search to ensure that your trademark is not already registered by someone else. This can be done through the UAE Ministry of Economy’s online database
  • Filing the Application:
    • Submit the application form and other supporting documents via the Ministry of Economy’s website. The application form requires basic information about the applicant such as the name, address, nationality and contact details, as well as information about the trademark such as its description, class and specification of goods and services.
  • Examination Period:
    • The Ministry of Economy will examine the application to ensure it complies with all legal requirements and that the trademark is distinctive and not similar to existing trademarks. The trademark will either be accepted, rejected, or changes will be asked to be made.
  • Publication Phase:
    • Upon approving the application, the ministry publishes it in its bulletin at the applicant’s cost. The publication will also indicate the deadline for filing an opposition against the trademark.
  • Opposition Period:
    • Anyone can oppose to the trademark within 30 days after it’s officially published. The trademark applicant will be notified of the objection and must respond within 30 days or risk losing the trademark. The ministry might hold a hearing for both sides to present their case, then it will make a decision and inform both parties. This decision can be appealed within a month to the Complaints Committee.
  • Registration:
    • A trademark becomes officially registered after 30 days from its announcement, unless someone objects to it during that time. A court ruling regarding the trademark can also finalize the registration process. The trademark owner must pay a registration fee of AED 5000 within a month after the objection period ends. Finally, the trademark owner will receive a trademark registration certificate.
How can the ownership of a trademark be transferred in the UAE?

The ownership of a trademark can be transferred by a sale, transfer, merger contract or upon a court resolution. The transfer is done through filing an application and attaching the necessary documents through the Ministry of Economy’s website.

The documents required for the transfer are a valid registration certificate, a trade license for companies or institutions, a power of attorney if submitted through a registration agent and a notarized trademark transfer contract.

After the application is submitted, the ministry reviews it, and upon approval, the transfer is announced in the ministry’s bulletin, after paying the prescribed fees.

What is the process for registering a patent in the UAE?
  • Submit the Application:
    • File your patent application through the Ministry of Economy’s website. Include the required documents which are a detailed description of the invention, claims, drawings (if applicable) and an abstract, and pay the associated fees.
  • Examination:
    • The Ministry will conduct a formal examination to ensure the application meets all legal requirements. This may include a substantive examination to assess the novelty and inventiveness of your invention, as well as additional submissions requested by the ministry.
  • Publication:
    • If the application passes the examination, the patent will be published in the Official Gazette, allowing the public to review it.
  • Grant of Patent:
    • If no objections are raised, or after resolving any issues, the Ministry will grant the patent. The patent is valid for 20 years from the filing date, subject to annual renewal fees.
Can foreign individuals or entities register a trademark in the UAE?

Yes, foreign individuals and entities can register a trademark in the UAE. The UAE allows both local and international entities to apply for trademark registration, ensuring that their intellectual property is protected within the country provided that the application must be submitted through a registration agent and to attach the legal and notarized power of attorney.      

Is it necessary for an author or copyright owner to register their work in the UAE to receive protection?

No, it is not necessary for an author or copyright owner to register their work in the UAE to receive protection. Copyright protection in the UAE is granted automatically upon the creation of the work, without the need for formal registration. This aligns with international copyright conventions, such as the Berne Convention, to which the UAE is a signatory.

What are the advantages of registering a Trademark in UAE?

Registering a trademark in the UAE offers several key benefits for businesses looking to establish and protect their brand. Here’s a summary of the advantages:

  • Trademark Protection:
    • Legal Exclusivity: Trademark registration provides exclusive rights to use your brand name, logo, or slogan within the UAE. This exclusivity helps prevent others from using a similar mark that could cause confusion among consumers.
    • Legal Recourse: If someone infringes on your trademark, you have the legal grounds to take action against them. This includes seeking damages and enforcing your rights through UAE’s strict trademark laws.
  • Safeguarding Your Business Identity:
    • Unique Branding: In a competitive market like the UAE, having a registered trademark helps you establish and maintain a unique business identity. This uniqueness is crucial for differentiating your products or services from competitors.
    • Consumer Trust: A registered trademark can enhance your brand’s reputation and build consumer trust, as it signifies that your brand is legitimate and officially recognized.
  • Solid Proof of Protection:
    • Legal Documentation: Trademark registration serves as official proof that your brand is legally protected. This documentation is essential when enforcing your rights or when proving ownership in legal disputes.
  • Consistency Across the UAE:
    • Uniform Protection: The UAE Trademark Law is uniformly applied across all seven emirates, ensuring that your trademark protection is consistent nationwide. This provides a cohesive strategy for brand protection throughout the country.
  • Value as an Asset:
    • Intellectual Property: Your registered trademark becomes a valuable intellectual property asset. It can be sold, licensed, or franchised, offering opportunities for additional revenue streams and business growth.
  • Deterrence of Infringement:
    • Prevention: The act of registering your trademark can deter potential infringers who might avoid using a similar mark due to the clear legal protection your trademark offers.

Overall, registering a trademark in the UAE provides a robust framework for protecting your brand, ensuring legal recourse in case of disputes, and enhancing the overall value and recognition of your business.

How does UAE law protect trade secrets?

Unlike other forms of intellectual property, trade secrets are protected without the need for registration. They do not require any formal procedures to be safeguarded. A trade secret can remain protected indefinitely, as long as it is not discovered or lawfully obtained and made public by others.

Trade secrets in the UAE are protected under various laws, including:

  • UAE Civil Code: Imposes confidentiality obligations on employees, even after their employment ends.
  • Patent Law: Provides remedies for unauthorized use of trade secrets.
  • Penal Code: Criminalizes unauthorized disclosure of trade secrets.
  • Commercial Companies Law: Protects corporate secrets and imposes penalties for misuse.
  • DIFC IP Law: Specifically addresses trade secrets within the Dubai International Financial Centre (DIFC).
What are the enforcement mechanisms for intellectual property rights in the UAE?
  • Industrial Property Rights:
    • Claim for Damages: Rights holders can seek damages in court for IP rights violations.
    • Lien: Courts can place a lien on IP assets involved in infringement cases.
    • Penalties: Infringements can lead to imprisonment and substantial fines.
    • Confiscation and Destruction: Courts can order the confiscation and destruction of counterfeit goods and tools.
    • Judiciary Police: Designated Ministry employees are authorized to enforce IP laws and investigate violations.
    • Register: The Ministry maintains an IP Register for managing and monitoring IP rights.
  • Trademarks:
    • Criminal Penalties: Penalties include imprisonment and fines for counterfeiting, imitation, and unauthorized use of trademarks.
    • Non-Registerable Marks: Penalties for using non-registerable marks or making misleading statements about trademarks.
    • Recidivism: Repeat offenders face enhanced penalties, including business closure and judgment publication at their expense.
    • Civil Claims: Rights holders can seek compensation for damages through civil courts.
    • Preventive Measures: Trademark owners can request preventive measures such as inventory and seizure of infringing goods.
  • Copyright:
    • Unauthorized Publication: Penalties for publishing or claiming ownership of works without authorization.
    • Amendments to Works: Penalties for unauthorized changes to published works.
    • Republishing Restrictions: Penalties for republishing works without consent.
    • Licensed Stores Only: Only authorized entities can publish, copy, or print works; violations are penalized.
    • Distribution and Sale: Penalties for unauthorized distribution or sale of works.
    • Confiscation and Store Closure: Confiscation of infringing works and possible closure of violating stores.
    • Translated Works: Penalties for unauthorized redistribution of translated works.
    • Documentation Requirements: Stores must maintain documentation proving authorization for copying, distribution, or sale of works.

Finally, theUAE laws offer a robust framework for intellectual property enforcement, incorporating criminal and civil penalties, preventive measures, and administrative oversight to protect and manage IP rights effectively

How can trademark infringement be addressed in the UAE?

Trademark infringement in the UAE can be addressed through the following mechanisms:

  • Customs Actions:
    • Customs authorities can suspend the release of suspected infringing goods for up to 20 days, based on requests from trademark owners or their representatives.
  • Precautionary Measures:
    • Trademark owners can apply for precautionary measures from the civil court to prevent infringement, such as:
      • Detailing and seizing infringing goods and related materials.
      • Preventing goods from entering commercial channels.
      • Preserving evidence of infringement.
    • Courts can issue orders swiftly, sometimes without summoning the other party if there’s an immediate threat of harm or evidence loss.
  • Claims for Compensation:
    • Trademark owners can file lawsuits for compensation for damages resulting from infringement.
  • Penalties:
    • Criminal Penalties:
      • Imprisonment and fines ranging from AED 100,000 to AED 1,000,000 for counterfeiting, imitation, or knowingly using counterfeit trademarks.
      • Lesser penalties, including imprisonment up to one year and fines from AED 50,000 to AED 200,000, for knowingly selling or using counterfeit trademarks or unregistered marks.
    • Recidivism:
      • Repeat offenders face doubled penalties and possible closure of their business.
  • Publication of Judgment:
    • Courts may publish the conviction judgment at the convict’s expense
What remedies are available for IP rights holders in the UAE in case of infringement?

In the UAE, IP rights holders can seek several remedies in case of infringement. They can claim damages and request liens on infringing assets. Criminal penalties for infringement may include imprisonment and fines. Courts have the authority to seize and destroy counterfeit goods. Administrative enforcement is handled by judiciary police, and the IP register is maintained for monitoring purposes. For trademarks, remedies include fines and imprisonment for counterfeiting or unauthorized use, civil compensation for damages, and court-ordered seizures of infringing goods. In copyright cases, penalties are imposed for unauthorized publication and amendments, with administrative controls in place to limit publication to authorized entities and ensure proper documentation for distribution and sale.

What is the role of UAE Customs in enforcing intellectual property rights?

UAE Customs have implemented a trademark recordation system where owners of registered trademarks, or their legal representatives, can register their marks at each customs department. The department will then issue a recordation notice that remains effective until the trademark registration expires and can be renewed along with the trademark. This system assists officials in identifying and seizing shipments of goods that infringe on trademarks. It also differs from the border control system, where customs must wait for a judicial authority to instruct them to hold a shipment after counterfeit goods are identified. A major benefit of this system is that it enables customs officials to take proactive measures, bypassing the delays associated with obtaining judicial orders. Under this system, customs officials actively monitor for infringing goods and can swiftly act to seize them.

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