Summary
Summary of the Designs and Industrial Models Registration System
Designs and industrial models are protectable in Egypt through registration with the competent office. The international Classification of Designs is effective in Egypt. A registration is effected without any novelty examination at the applicant's responsibility and secret filing of models/designs are not possible.
A design or an industrial model registration is valid for five years starting from the date of filing the application. A registration can be renewed for two similar periods of five years each.
A registration of a design or an industrial model is subject to cancellation in the event any interested party requests such a cancellation before the competent tribunal on the grounds that the subject design or industrial model was not novel at the time of filing the relevant application. The registration, assignment and cancellation of design and industrial model registrations are published in the Official Gazette and entered in the register.
There is no provision in the current Egyptian law as to compulsory working or licensing with respect to designs and industrial models.
Any infringement or unauthorized use of a registered design or industrial model is punishable under the current law.
Every arrangement of line and every embodiment with or without colors, if it is distinctively novel and applicable for industrial use, shall be considered an industrial design or model.
The applicant may petition against the said decision within a period of not more than thirty days from the day of notification thereof.
The Administration may demand that the applicant fulfills the modifications or requirements that the Administration deems necessary; and if the applicant does not fulfill such requirements, the applicant shall be considered abandoning his application.
The applicant may petition against the decision of the Administration within thirty days of being notified of the decision, in accordance with the procedures defined by the executive regulations of the law herein.
The applicant may apply, on his own initiative, to the Administration with the aforementioned modifications or requirements.
The period of protection resulting from the registration of the industrial design or model shall be ten years starting from the date of the application for the registration in the Arab Republic of Egypt.
The protection shall be renewed for an additional term of five years, if the owner of the design or model files an application for renewal during the last year of the protection period.
However, the owner has the right to file a renewal application within three months following the expiry date of the protection period; otherwise the Administration cancels the registration on its own initiative.
The Administration shall publish the decisions of registration, renewal and cancellation in the Trademarks and Industrial Designs and Models Gazette. |