Industrial Designs are protectable in Egypt through registration with the Industrial Designs Office in the Commercial Registry Department. The Locarno system of International Classification of Designs is effective in Egypt. Egypt is a member of the Hague Agreement. A registration is effective with novelty examination.
An industrial design registration is valid for ten years starting from the date of filing the application. A registration can be renewed once for five additional years. A registration of an industrial design is subject to cancellation in the event any interested party requests such a cancellation before the competent tribunal, on the grounds that the subject industrial design was not novel at the time of filing the relevant application. The registration, assignment and cancellation of industrial design registrations are published in the Official Gazette and entered in the register.
Opposition of an industrial design is permitted by Law 82 /2002 and can be submitted within sixty days from the publication date of the industrial design. The applicant shall be sent a copy of the opposition, and the applicant shall file a response to the opposition within 30 days of the receipt of the notification of opposition. Failure to reply to the opposition shall be treated as withdrawal of the application.
The Commercial Registry Department may, when public interest so requires and subject to the approval of ministerial committee established by a decision of Prime Minister upon submission of the competent minister, grant an exclusive license for the exploitation of the protected industrial design.
Any infringement or unauthorized use of a registered industrial design is punishable under the current law.
Industrial Designs: Frequently Asked Questions
1: Are industrial designs registrable in your country?
Yes. The industrial design must be novel and have industrial applicability. Designs whose shape is basically due to technical or functional requirements shall not be registered. Furthermore, designs that include emblems, religious symbols, seals or flags from Egypt or other countries, or the use of which may undermine public order or morality shall not be registered. Lastly, designs that are identical or closely resemble a registered trademark or a well known mark shall not be registered.
2: Are there specific requirements for a design application as to the form of drawings and/or photographs, the size thereof and the number of views?
Yes. Four representations (photographs or drawings) of the design on good quality paper are required. The size must be 33×21 cm. The applicant or agent shall sign on the right bottom of the page.
3: What are the novelty requirements for a design application to be valid?
A design will not be considered novel if the design was disclosed to the public before the filing date of the application in Egypt, or if the application was filed in a foreign country within six months prior to the filing date in Egypt, and priority is claimed to the foreign application, before the foreign filing date.
4: Can convention priority be claimed in your country? (Paris Convention).
Yes. A copy of the priority application, certified by the industrial property authority of that country, must be submitted with the application or, upon written request, within a period not exceeding six months from the filing date of the application with the Industrial Design Office.
5: Does your country use the Locarno system of international classification?
Yes.
6: Are there any goods or services for which the industrial design can not be registered?
No, but if the industrial design is considered to contain religious content, state stamps or emblems of Egypt or another country, or to disturb public order or morals, then registration will be refused.
7: Is the assignment of the creator compulsory for a design application?
No.
8: Is there any deadline to apply for the publication of a secret filing of a design?
If an industrial design application is accepted, and meets the novelty and other requirements, it is published for opposition. No applications are kept secret if they are considered to meet the requirements for registration.
9: Is it possible to file more than one design in the same application?
More than one design or model can be filed in the same application so long as the number of designs does not exceed 50 and the designs form a homogeneous or coherent unit.
10: What is the term of protection of a design in your country? Can this term be extended
The original term of ten years may be extended for an additional five year period for a total of 15 years.
11: Is use required to maintain a registration of a design in your country?
No.
12: Are designs eligible for copyright protection as well?
Yes.
13: Are there provisions in your law to oppose a design registration?
Design application registrations are published, and there is a post publication opposition procedure that permits a third party to oppose the registration of a design.
14: Is it possible to apply for cancellation of a design filed in a secret form?
No.
15: Is Egypt a member of the Hague Agreement?
Yes.