EGYPT
EGYPT
of infringement and disposition of the infringing goods. In the past, injunctions have not been frequently granted in Egyptian courts, but judges have now begun issuing injunctions in appropriate IP cases, and there have been a number of cases in which the courts imposed maximum penalties in criminal cases and issued commercially appropriate damage awards in civil cases.
Enforcement is primarily addressed through the criminal law, with the possibility of a civil suit based on a showing of criminal infringement. Egypt promotes stronger enforcement by providing an IP unit in its police force as well as teams of civil inspectors who are authorised to remove infringing goods from the market. However, despite recent improvements, civil enforcement remains a challenge for several reasons. Civil recovery is available only when the more restrictive elements of criminal infringement can be shown; the hearing of a civil case is delayed until completion of the criminal case; there can be difficulties with obtaining service of process and enforcement of judgments; and pursuing a case through Egypt’s overburdened court system can take many years before relief is finally obtained.
Preventing the entry of infringing goods into Egypt is not specifically addressed in Law 82/2002. However, regulations have been subsequently adopted to permit a complaint to be filed, but only where the IP owner can supply specific information regarding a particular shipment, including its bill of lading number.
Egypt has PCT search authority
Te Egyptian Patent Office is an International Searching Authority and International Preliminary Examining Authority (ISA/IPEA) under the Patent Cooperation Treaty (PCT), and it can accept applications for patents from all over the world.
Egypt became PCT authorities during international meetings of the General Assembly of the World Intellectual Property Organization (WIPO) in September 2009. The Egyptian Patent Office’s request was unanimously adopted after an integrated presentation from the Egyptian delegation, which highlighted the potential and suitability of the Egyptian Patent Office. The presentation showed that the office had the required facilities to be an ISA/IPEA, including 115 researchers in all disciplines and relationships with Egyptian universities and research centres.
Egypt’s appointment as an ISA/IPEA came aſter years of preparation by the Egyptian government to make Egypt only the third developing country
118 World Intellectual Property Review e-Digest 2012
Abdel Wahab Moustafa is a patent and trademark attorney, attorney at law and the chairman and managing director of Mona Bakir & Son Office. He can be contacted at:
abdelwahab@mbo-law.com
Abdel Wahab Moustafa specialises in the field of intellectual and industrial property rights and related litigations on behalf of foreign companies and law firms. He worked as patent and trademark attorney in all IP matters at EL Derei IP Law Firm from 2002 to 2005 before joining Mona Bakir Office in 2005, where he started initiating the same practices on a bigger scale. Owing to his 10 years’ experience in IP matters and the litigation field, as of January 1, 2010 Moustafa took over the whole operation of Mona Bakir & Son Office.
to be a PCT authority, after Brazil and India, in 2007. Moreover, Egypt is considered to be the first country in Africa and the first country in the the Middle East to be appointed as an ISA/IPEA under the PCT.
Te key advantage of Egypt becoming an ISA/IPEA is that patent applications in the Arabic language can be accepted at the international phase of PCT. Another advantage is that it enables the Egyptian Patent Office to continue its work with other patent offices in African and Middle Eastern countries through the provision of international services for those offices.
Te Egyptian Patent Office can accept patent applications from all PCT member states at the international phase of the treaty. It can also make an international search report and an international preliminary examining report under the PCT in Arabic or English from any member of the League of Arab States.
Egypt’s appointment as an IPA and IPEA reflects the country’s efforts to promote its scientific research base by enhancing its ability to look into the merits of inventions at the global level, which is something that traditionally only patent offices of advanced industrial countries could do.
It is also a major step forward that Egypt’s appointment has led to patent applications being accepted in the Arabic language and that it has helped the Egyptian Patent Office in its work with patent offices of Middle Eastern and African countries.
www.worldipreview.com
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