Intellectual Property Law in Egypt: Copyrights, Patents, and Trademarks

Intellectual Property (IP) refers to creations of the mind – intangible assets that are protected by law. IP includes things like inventions, creative works (books, music, art), designs, brand names, and logos. The underlying idea is that the products of human creativity deserve legal protection similar to physical property. In practice, this means an inventor, artist, or brand owner can prevent others from copying or using their work without permission. IP is thus an umbrella term covering various exclusive rights: patents (for inventions), copyrights (for literary and artistic works), trademarks (for brand identifiers), and other forms like trade secrets and industrial designs. Protecting IP is vital in a knowledge-based economy, as intangible assets can be even more valuable than physical ones.

Types of IP: Patents, Copyrights, and Trademarks

• Patents – A patent is an exclusive right granted for a new invention. It gives the patent holder the legal power to prevent others from making, using, or selling the patented invention for a limited time. In Egypt (as in most countries), an invention must be new, involve an inventive step, and be industrially applicable to be patentable. The term of patent protection in Egypt is typically 20 years from the filing date, after which the invention falls into the public domain. (Patents must be applied for; unpatented inventions cannot be enforced.)

• Copyrights – Copyright protects original literary and artistic works. This includes books, music, films, paintings, software code, photographs, architectural works, and more. A copyright gives the creator exclusive rights to reproduce, distribute, and display the work. Unlike patents, copyright generally does not require registration to exist; it arises automatically upon creation of the work, though in Egypt certain works (like books and drawings) may be registered for evidentiary purposes. The typical duration of copyright in Egypt is the life of the author plus 50 years after their death. (If a work is published anonymously or under a pseudonym, the term is 50 years from publication.) After the term expires, the work enters the public domain and may be used freely.

• Trademarks – A trademark is a sign, logo, word, or other symbol that distinguishes the goods or services of one business from those of others. It might be a brand name, logo, slogan, or even a color or sound. Registering a trademark gives the owner exclusive rights to use that mark in commerce. For example, the “™” symbol or a brand’s logo indicates trademark protection. Trademarks can be renewed indefinitely (typically every 10 years), as long as they remain in use. In Egypt, marks that are well known internationally are also protected even if not formally registered. In short, patents protect inventions, copyrights protect creative works, and trademarks protect brand identity.

Egypt’s IP Law: Law No. 82 of 2002

Egypt’s current IP regime is built around Law No. 82 of 2002 on the Protection of Intellectual Property Rights. This law, enacted in June 2002, unified and updated Egypt’s IP laws to comply with international treaties (Egypt is a WTO and Berne Convention member). It replaced a patchwork of older laws dating back to 1939. Law 82/2002 is the cornerstone of Egyptian IP protection: it covers all major IP categories in four “books”:

• Book 1: Patents, Utility Models, Industrial Designs, Layout-Designs of Integrated Circuits, and Trade Secrets (undisclosed information).

• Book 2: Trademarks, Trade Names, Geographical Indications, and Industrial Designs.

• Book 3: Copyright and Related Rights (literary and artistic works, performers, producers of phonograms, broadcasting organizations, etc.).

• Book 4: Plant Variety Protection.

This comprehensive law “deals with Patent and utility models; Trademarks, trade descriptions, industrial designs, etc.”alp.unescwa.org. It modernized Egyptian IP law, aligning it with TRIPS, the Paris Convention, and other treaties. (It was later amended, for example by Law No. 118/2008 and others, but 82/2002 remains the foundation.)

Patent Protection in Egypt

Under Egypt’s IP law, any new, non-obvious invention in any field of technology can be patented. The inventor must file an application with the Egyptian Patent Office. A granted patent gives the inventor the exclusive right to exploit the invention (make, use, sell) in Egypt. However, note that patent rights are territorial – a patent in Egypt covers Egypt only.

Key points about patents in Egypt:

• Protection Term: 20 years from filing (non-renewable). After 20 years, the patented invention enters the public domain.

• Requirements: The invention must be new, involve an inventive step, and be industrially applicable. Some inventions (like discoveries, mathematical methods, and naturally occurring substances) are excluded from patentability.

• Maintenance Fees: Annual fees must be paid to keep a patent in force.

• Compulsory Licenses: In certain cases (e.g. public interest, health, environment), the government can grant licenses to use a patent without the owner’s consent.

• Enforcement: Patent owners can sue infringers in court for damages and seek injunctions. In urgent cases they may even request preliminary injunctions. Because patents are technical, Egyptian courts often appoint a technical expert to assess infringement issues.

In sum, Egyptian patent law provides strong protection for inventors, rewarding them with a 20-year monopoly in exchange for disclosing the invention to the public.

Trademarks in Egypt

Trademarks are vital for brand protection. Under Law 82/2002, a trademark is broadly defined as “any sign capable of distinguishing the goods or services of one enterprise from those of other enterprises”. This includes words, logos, symbols, images, or even colors and sounds. By registering a trademark in Egypt, a business obtains exclusive rights to use that mark on the specified goods/services, and can stop others from using confusingly similar marks.

For example, a prominent Pump™ store sign (shown below) is an example of a visual trademark used in commerce.

Key aspects of Egyptian trademark law:

• Rights: Registration gives the owner exclusive rights to use the mark. If a mark is well-known, it enjoys protection even if unregistered. Ownership is determined by first use in commerce, although registration is used as proof of ownership.

• Term: A registered trademark is valid for 10 years from the filing date. It can be renewed indefinitely for successive 10-year terms by paying renewal fees.

• First-to-Use vs. Registration: Egypt follows first-to-use, but registration is required to enforce rights in court. Registration is prima facie evidence of ownership.

• Well-Known Marks: Famous or well-known foreign marks receive special protection in Egypt, even against dissimilar goods.

• International Treaties: Egypt is a member of the Madrid Protocol, enabling international trademark registration that can extend to Egypt.

How to Register a Trademark in Egypt

Registering a trademark in Egypt involves a formal process through the Egyptian Patent and Trademark Office (often called the Commercial Registration Department of the Ministry of Trade). The basic steps are:

1. Search: Conduct a preliminary search to ensure the proposed mark is not identical or confusingly similar to existing registered trademarks. This helps avoid outright rejection.

2. Prepare Application: File an application with the Egyptian Patent & Trademark Office. The application must include:

   • A clear reproduction of the trademark (logo or word mark).

   • A list of the goods/services covered by the mark, classified according to the Nice Classification.

   • Applicant’s details (name, address, nationality). If the applicant is a company, include country of incorporation.

   • A notarized Power of Attorney if filed by an agent (mandatory if applicant is foreign).

   • If claiming priority from an earlier application abroad, a certified copy of the priority document.

   • Payment of the official filing fee.

3. Formal Examination: The Patent & Trademark Office conducts a formal examination of the application (completeness, fees) and a substantive search for conflicts.

4. Publication: If the application passes examination, the mark is published in the Official Trademarks Gazette for opposition purposes. The publication triggers a 60-day opposition period during which third parties may file oppositions to the registration.

5. Opposition (if any): If an opposition is filed, the office will review the arguments. The applicant may be asked to defend the mark. Both sides can submit evidence. The office decision on opposition can take several months.

6. Registration Certificate: If no valid opposition is filed, or if the opposition is resolved in the applicant’s favor, the office registers the trademark and issues a registration certificate. The certificate is conclusive proof of the owner’s rights.

7. Renewal: Before the 10-year term expires, the owner must apply for renewal (within the last year of the term) and pay the renewal fee.

Steps 1–6 above summarize the process of “how to register a trademark in Egypt.” In short, one applies to the Egyptian Patent and Trademark Office (a department of the Ministry of Trade), submits the required forms and specimens, passes examination and publication, and (barring oppositions) obtains a ten-year registration.

Once registered, enforcement is much stronger: only the owner can use the mark, and they can sue infringers or customs authorities to stop counterfeit goods.

Copyright Laws in Egypt

Yes, Egypt has copyright laws. Under Law 82/2002 (Book Three) the rights of authors and creators are protected. In fact, Book Three of Law 82/2002 is the Egyptian copyright law. It took effect on 3 June 2002, repealing the old 1954 law. The current law incorporates international standards (Egypt is a member of the Berne Convention and WTO) and also provides for “related rights” of performers and producers. The 1954 regime’s key features were largely retained, notably the 50-year post-mortem duration, but several new concepts (such as folklore protection) were added.

Key features of copyright law in Egypt:

• Protected Works: All original literary and artistic works are covered – novels, poetry, plays, music, films, paintings, photographs, computer programs, maps, architecture, and so on. Copyright protects the expression of ideas, not the ideas themselves. Mere titles or short phrases are not protected unless they show creativity.

• Exclusive Rights: The author has exclusive economic rights (to reproduce, distribute, perform, broadcast, translate, etc.) and moral rights (to be credited and to object to distortion). The law also grants related rights to performers, producers of recordings, broadcasters, etc.

• Duration: Generally, the term is 50 years after the author’s death. If a work has joint authorship, the term is 50 years after the last surviving author’s death. Unpublished works receive protection from creation plus 50 years after first publication. (This matches the older Egyptian tradition and is consistent with Berne.)

• Registration: Formal registration is not required for copyright protection to exist (it arises on creation). However, Egypt does have registration for certain types of works as a record of authorship. For example, artistic drawings and paintings are registered at the Supreme Council of Culture’s Fine Arts Department, books and scripts at the National Library, and computer software with the IT Industry Development Agency.

• Rights Exhaustion: The author’s rights in distribution are “exhausted” once the work is lawfully sold in any country. In other words, once a book is sold, the owner of that copy can resell it freely, and the author’s distribution right is spent.

• International Treaties: Egypt is a party to the Berne Convention, TRIPS, and other international copyright treaties, so foreign works are protected as well as domestic works.

Does Egypt have copyright laws? Yes. The current copyright law is Book Three of Law 82/2002. It provides robust protection for authors and artists, generally mirroring global standards. Infringement (piracy) is punishable by fines and even imprisonment (see below).

Enforcement and Protection Mechanisms

Egyptian law provides both civil and criminal remedies for IP infringement. Rights holders can sue infringers in court for damages and injunctions, and serious offences are criminalized. Key enforcement mechanisms include:

• Civil Action: Trademark or copyright owners may bring civil lawsuits for infringement. Courts can order the seizure and destruction of counterfeit goods, award damages for losses, and issue injunctions to stop infringing uses. (The law explicitly allows suing infringers and claiming lost profits.) In patent cases, for example, courts may appoint a technical expert to help evaluate complex inventions.

• Criminal Penalties: Law 82/2002 imposes criminal penalties for willful infringement. For trademarks, counterfeiting or pirating a registered mark carries a sentence of at least 2 months in prison and a fine of LE 5,000–20,000. Similarly, copyright infringement can lead to 1–3 years’ imprisonment and a fine of LE 5,000–10,000 (Article 181). Repeat offences double the penalties and can also trigger closures or confiscation of tools. In practice, these harsh penalties aim to deter piracy.

• Raids and Police Actions: Trademark owners often work with law enforcement. The owner of a registered trademark has the right to “initiate a raid” on counterfeiters, seizing infringing goods from traders. They can also initiate criminal “imitation” charges against those selling fake goods. For example, police and customs officers are authorized to seize illegally imported or distributed counterfeit products.

• Opposition Proceedings: Before registration, third parties may oppose a trademark application if they own earlier rights. During this administrative opposition (60-day) period, they can block bad-faith or infringing applications.

• Special Protection: Egyptian law also provides broader remedies for certain cases. Well-known trademarks get extra protection, and the law allows rights holders to seek court-ordered publication of judgments. In copyright cases, courts can order infringers to compensate authors for damages, destroy infringing copies, and publish the judgment in newspapers at the infringer’s expense.

In short, Egyptian IP law is enforced through a combination of administrative procedures, civil litigation, and criminal prosecution. Rights holders are encouraged to register their IP (especially trademarks and patents) because registration strengthens enforcement. Once registered, an owner can oppose infringing marks, request raids on counterfeiters, and sue directly for imitation or piracy. Customs officials can also block imports of fake goods at the border.

Conclusion

Egypt maintains a comprehensive intellectual property framework. Law 82 of 2002, along with its implementing regulations, covers patents, trademarks, copyrights, and more, aligning Egypt with international IP standards. Creative works are protected by copyright (life + 50 years), inventions by 20-year patents, and brand identifiers by 10-year renewable trademarks. Registering a trademark involves filing an application with the Egyptian IP Office, passing formal examination, and surviving a 60-day opposition. Enforcement is supported by stiff penalties and dedicated legal remedies. For startups, artists, and businesses in Egypt, understanding and using these IP laws is crucial to protect and capitalize on innovation and creative investment.