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.
- 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.
- 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.
Contact Our Team ›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.