Month: September 2023

Qatar’s adoption of the GCC Trademarks Law Implementing Regulations                                    

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Intellectual property (IP)

Intellectual property (IP) represents a vital aspect of modern business. Therefore, Qatar has established a robust legal framework to protect various forms of intellectual property.

The Ministerial Decision No. 56 of 2023 has been issued by the Qatari Ministry of Commerce and Industry adopting the GCC Trademarks Law (Gulf Cooperation Council) and its implementing regulations. 

GCC Trademarks Law and its implementing regulations entered into force in Qatar on August 10, 2023, and hereafter “Qatar has become the fifth Gulf Cooperation Council (GCC) country to implement the GCC Trade Marks Law (the TM law) marking a further significant development for trade mark practice and cooperation in the region.”

Qatar is now the fifth GCC country to adopt this Law. Kuwait, Oman, Saudi Arabia and Bahrain have already adopted it, except the UAE that has not implemented it yet.

The Implementing Regulations of the Trademarks Law of the Gulf Cooperation Council Countries adopted by Qatar replaced the articles related to Trademarks as per the Law No. 9 of 2002, the Qatari National Law, and operated direct and significant changes in Trademarks Law.

Published on 9 July 2023 in the Qatar Official Gazette, the Ministerial Decision should have come into force on the second day of publication: 10 July 2023. Nevertheless, the Intellectual Property Rights Protection Department at the Ministry of Commerce and Industry issued circular number 2/2023 on 13 July 2023 stating that the Department will apply the Decision starting from 10 August 2023.

Therefore, the adoption of the Implementing Regulations of the Trademarks Law of the GCC has entered into force in Qatar on August 10, 2023. 

The main changes operated by adopting the GCC Trademarks Law are related to Implementing New Deadlines, Modifying the Official Fees and Bringing out New Practical Aspects:

  • The period for examination should be 90 days from filing.
  • Where an application is accepted with conditions an applicant has 60 days to appeal the decision or 90 days to conform with the condition or the application will be forfeited.
  • Where an application is rejected, an applicant has 60 days from the date of notification to appeal, or the application will be forfeited.
  • Where an acceptance decision is issued an applicant has 30 days from notification to pay the publication fees or the application will be forfeited.
  • The opposition period has been reduced from 4 months to 60 days.
  • Increase in the official fees of some services, and decrease in others.

 Issued on 18 June 2023, published in the Qatar Official Gazette no. 9 of 2023 dated 9 July 2023.
 Sinead Quigley, Qatar: Fifth Gulf Cooperation Council to Implement The GCC Trade Marks Law, 20 July 2023, mondaq, https://www.mondaq.com/ 

In addition to that, the GCC Charter originally states that the basic objectives are to have coordination, integration and inter-connection between Member States in all fields, strengthening ties between them through formulating similar regulations in various fields.However, it is eminent to notice that the Trademark law is not a unifying law like for instance the GCC Patent law, in that brand owners will still need to protect trade marks in each GCC member state of interest that has adopted it, and each state still has a lot of discretion regarding its interpretation and the practical implications. However, it seeks to bring about further practice harmonization in registration and enforcement practices across the region.

On the other hand, official fees being increased may not be suitable for many brand owners knowing that the region is already expensive. Nevertheless, reducing the lengthy time periods of the examination, publication, opposition, … will be very advantageous for the enforcement and the effectivity of the procedure.

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As a result, Qatar’s implementation of the GCC Trademark Law increases significantly Qatar’s international profile and active role in trademark protection, through harmonizing trademark regulations and level of protection in all member states. Qatar’s commitment to protecting intellectual property rights underscores its dedication to fostering innovation and encouraging a knowledge-based economy in the region. 
Sinead Quigley, Qatar: Fifth Gulf Cooperation Council to Implement The GCC Trade Marks Law, 20 July 2023, mondaq, https://www.mondaq.com/ 

The establishment of the Egyptian Authority for Intellectual Property (“EAIP”): Genesis of a new era in Intellectual Property

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IP system

“To ensure the effectiveness of the IP system, a fine balance must be achieved between the rights of IP owners on the one hand, and the general rights of the society as a whole, on the other hand.”

A new wave of change and progress has been operated in Egypt in the Intellectual Property (IP) field, as a unique and pioneer step taken in the region, by establishing and implementing a new Agency and Authority specialized in promoting and developing Intellectual Property (IP), in all its subject matters. It is the establishment of the Egyptian Authority for Intellectual Property (“EAIP”).

The Egyptian Authority for Intellectual Property Agency (“EAIP”) is established by Law no. 163 of 2023 that has been published in the Official Gazette on 6 August 2023, and came into force the following date of publication on 7 August 2023.

For many years, Egypt has acknowledged the importance of the protection of Intellectual Property Rights (IPR) and its direct correlation to securing a healthy environment for investments.

In addition to being one of the pioneers in the promulgation of legislation that protects IPR the Egyptian Constitution guarantees the protection of Intellectual and Industrial Rights.

Knowing that the Egyptian Legal System has already sharpened a set of laws and regulations as for the Law no. 82 of 2002 on the Protection of Intellectual Property Rights, Law no. 23 of 1951 concerning Patent Agents’ Practices, and Law No. 94 of 2012 concerning Determination of Cost for Search and Annuity Fees in Accordance with Patent Cooperation Treaty. 

The establishment of the Egyptian Authority for Intellectual Property Agency (“EAIP”) takes part as an eminent step in achieving National Strategy for Intellectual Property that has 

been launched as part of Egypt’s Vision 2030 and the structural reform program for the Egyptian Economy.

  1. Efficiency of a Strategic implementation

Egypt’s Law no. 163 of 2023 relating to the establishment of the Egyptian Authority for Intellectual Property (“EAIP”) concerns the setting up of an Authority or an Agency that will replace several ministries/authorities (including for example Ministries of Higher Education, and Scientific Research, Supply and Internal Trade, Telecommunication and Information Technology,

Egypt’s National Intellectual Property Strategy, Strategic Book, Executive Summary, September 2022, p. 3, https://www.sis.gov.eg/

 Abdelrahman Helmi, Insight into the protection and enforcement of intellectual property rights in Egypt, Lexology, 1 March 2020, https://www.lexology.com/

Culture, Trade and Economy, Media Council, Patent Office) that previously held IP-related mandates and become the only IP authority in the country. In other terms, this Authority will apply all the present Egyptian laws and regulations related to Intellectual Property rights.

Therefore, Article 3 of Law no. 163 of 2023 relating to the establishment of the Egyptian Authority for Intellectual Property provides that the Agency (or Authority) aims to organize, sponsor, and protect Intellectual Property Rights in the country in accordance with Egypt’s relevant international obligations and to work to employ the intellectual property system in a way that balances the protection of those rights with achieving sustainable economic, social, cultural and technological development and building a knowledge economy.

In addition to that, Article 4 of the Law states the role and the authorities of EAIP, including the implementation of the National IP Strategy, by affording efficient and suitable functioning practices.

On this basis, effectiveness and efficiency of the implementation of targets will be measured and evaluated.

  1. Between Aim and Realization

The key aspects of intellectual property in Egypt include enhancing Egyptian Intellectual Property system with the establishment of the Egyptian Authority for Intellectual Property Agency (“EAIP”). 

By working on the Implementation of the National Strategy, this new Authority/Agency, created through Law no. 163 of 2023, replaces multiple ministries and authorities, making EAIP the sole authority responsible for Intellectual Property matters in the country. With a clear focus on advancing Egypt’s intellectual property system and supporting the ambitious Vision 2030, EAIP will play a crucial role in driving innovation, protecting intellectual property rights, and fostering economic growth. 

The newly established Authority, shall take over all what have been accomplished by relevant IP offices and bodies throughout, completing and building therefrom, besides starting 

immediately in implementing action plans and projects entrusted to the new Authority according to the Law of its establishment and this Strategy.

In addition, it shall undertake necessary coordination and cooperation with all State ministries and bodies concerned with the implementation of the pillars of this Strategy, as part of the Realization of the Strategy in an institutional framework through:

Hamad Abdallah, Egypt’s Authority for Intellectual Property: A New Dawn, Lexology, 16 August 2023, https://www.lexology.com/

Dr. Heba Shahein, about taking part of the team that has taken a significant step towards enhancing Egypt intellectual property system.

Egypt’s National Intellectual Property Strategy, Strategic Book, Executive Summary, September 2022, p. 3, https://www.sis.gov.eg/

The National IP Strategy launched in 2022.

  • Supporting and provision of registration, filing and deposition services using modern technological means.
  • Training and development of the human resources in the IP system.
  • Linking the Egyptian IP Authority with the rest of the State authorities and institutions.
  • Promoting the enforcement and respect of intellectual property rights.
  • Maximizing Egypt’s role in the global IP system, and coordinating with international bodies and organizations.

As part of the State’s Strategic plan, and concerning Enforcement and Implementation of the Strategy, Egypt has taken steps to enhance IP enforcement as for example taking measures and penalties for IP violations, as part of a signatory to international agreements like the Trade-Related Aspects of Intellectual Property Rights (TRIPS).

Egypt’s Vision 2030 aims for an IP system that motivates innovation and creativity and enhances Research and Development (R&D) and technology production, as well as Arts, Literature and Culture; in order to lead the prosperity of the society on all economic, social, scientific, and cultural aspects, contributing to achieving Egypt’s Vision for Sustainable Development. 

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Therefore, Egypt has proven an active function in playing a pioneering role in IP on both national and international arenas. Enforcement and Actualization of IP and related laws, are necessary to witness the positive impact EAIP will have in shaping the future of intellectual property in Egypt, by increasing Egypt’s pioneering role in IP achieving Global Innovation and Sustainability Goals.