Designs and Models
Legal Basis
– Intellectual Property Rights Law No. 82 of June 2, 2002, and Implementing Regulations of August 17, 2003.
Membership in International Conventions
– Paris Convention for the Protection of Industrial Property, Stockholm Act, since July 1, 1951.
– Convention Establishing the World Intellectual Property Organization (WIPO), since April 21, 1975.
– WTO’s TRIPS Agreement, since June 30, 1995.
– Hague Agreement Concerning the International Registration of Industrial Designs, Geneva Act since August 27, 2004.
Filing
Applicant: same as for “patents“.
Foreigners and nationals not living in the country: same as for “patents“.
Kinds of designs and models: every arrangement of lines or every embodiment, with or without color, if it is distinctively novel and applicable to industrial use.
Not registrable: (1) if necessitated by the customary technical or functional considerations of the product; (2) if it includes slogans, religious symbols, seals or flags of Egypt or any foreign country or if consequences of such use result in breach of public order or morality; (3) if it is identical or similar to a registered or famous mark; (4) if it was disclosed to the public by means of a description or by use, prior to the filing of the application.
Novelty: the Design Office examines the application according to the absolute novelty procedure.
Priorities: according to Paris Convention.
Exceptions to protection: none.
Series applications: not exceeding fifty provided they are of a homogeneous unit.
Territory covered: Egypt.
Filing requirements for an application (to be sent to resident agent):
1. Power of attorney, legalized up to an Egyptian Consulate;
2. Extract from the Commercial Register or a certified copy of the Certificate of Incorporation, legalized up to an Egyptian Consulate;
3. A certified copy of the priority document for a Convention application in case it is claimed;
4. Deed of assignment (if any) legalized;
5. 4 representations (photographs or drawings) of the design without any references;
6. 1 copy of the design in which all references are shown;
7. If possible, a description of the design.
Note: all documents must be filed within six months from the filing date.
Electronic filing: not available.
Electronic signatures: are not accepted (only wet signatures).
For a change of name or address:
1. Legalized power of attorney in the new name/address;
2. Official certificate attesting such a change of name or address, legalized up to an Egyptian Consulate.
Examination
Amendment of application: may be made at any time before examination.
Alterations: may be made at any time before examination.
Corrections: possible before examination. Note: any amendment, alteration or correction shall take place on the design in order to unify the same with the claimed priority.
Examination: both formal and as to novelty.
Application kept secret: until publication.
Opposition: available after publication in the Design Official Gazette within sixty days from the publication date.
Publication: in the Model and Design Journal after acceptance.
Protection
Delivery of document: usually no later than six months from the date of filing in paper format.
Beginning of protection: from the date of filing.
Duration – extension: ten years; may be renewed once for a further period of five years.
Latest term for renewal: must be effected during the last year of the protection period. Grace period: three months.
Annuities: none.
Working: none.
Marking of registered goods: not provided for.
Changes in the list of goods: not applicable.
Assignment and licenses: same as for “patents“.
Modification of Protection after Registration
Rights of prior user: by court action.
Opposition to registered models and designs: by court action.
Annulment of registration: court action.
Compulsory licenses: provided for.
Expropriation: not provided for.
Nullification: court action.
Validation: not possible after nullification.
Infringements and penalties: same as for “trademarks“.