An industrial Designs is any composition of lines or any three-dimensional form whether or not associated with colors provided that such composition or form gives a special appearance of novelty and is industrially applicable.
An industrial Designs shall lose its novelty:
(1) If it was disclosed to the public by means of a description or by use, prior to the filing of the registration application.
Nonetheless, disclosure or description of an industrial Designs shall not affect its novelty if it was carried out after the application for registration in a country member in the World Trade Organization, or a country which applies reciprocity to Egypt, or if the disclosure occurred in a national or an international exhibition, or a publication about the industrial Designs in a conference or a scientific periodical, provided that all this has occurred within six months prior to the date on which the registration application was filed in Egypt.
(1) If it was not essentially different from a prior industrial Designs, or if it was intended for another kind of products different from those of the previously registered industrial Designs.
Without prejudice to international conventions in force in Egypt, any natural person or legal entity, Egyptian or foreign, belonging to, domiciled or active in a country or an entity that is a member of the World Trade Organization or that accords reciprocity to Egypt, shall have the right to file an application to register an industrial Designs at the Egyptian Trade Registry Department, and whatever rights derived therefrom, in accordance with the provisions of this Law.
Nationals of all member countries of the World Trade Organization shall benefit of any advantage, preference, privilege or immunity granted by any other law to nationals of any state in connection with the rights provided for in this Chapter, unless such advantage, preference or immunity derives from:
(One) Agreements on judicial assistance or agreements on law enforcement of general nature.
(Two) Agreements in connection with the protection of intellectual property rights which came into force prior to 1stÂ January 1995.
The Trade Registry Department shall be competent to register the industrial Designss in a special register.
The application may comprise a number of Designss not exceeding 50, provided that all such Designss form one coherent unit.
The Regulations to this Law shall prescribe for the procedure of filing an application for registration, the number of possible Designss included in one application, the examination procedures, the publication of the Department decision of the application acceptance, procedures of opposition and other required procedures, as well as the prescribed fees for such applications, their renewal and all relevant procedures, the total of such fees not exceeding 3,000 pounds.
Staff working in the Trade Registry Department may not file industrial Designss applications, on their own behalf or by an intermediary, until at least three years have elapsed from the date of termination of their employment in the Department.
The following industrial Designs shall not be registered:
(1) Designs whose shape is basically due to the technical or functional requirements of the product.
(2) Designs that include emblems, religious symbols, stamps or flags of Egypt or other states, or the use of which may undermine public order or offend public morality.
(3) Designs which are identical, similar or closely resemble a registered Trade marks or a well-known mark.
In all cases where the application for registration has been refused, the Department shall, within 30 days of the date of such decision, notify the applicant in writing of its motivated decision, by registered mail with acknowledgement of receipt.
This decision may be appealed within 30 days from the date of its notification.
The appeal shall be examined by a committee, established by the competent minister, composed of three members, one of whom shall be a member of the Council of State. The Committee may seek the advice of experts as it may deem appropriate.
The Regulations to this Law shall prescribe the Committees rules of procedure and the fees relating to the appeal, which shall not exceed 500 pounds.
The Committee shall issue its motivated decision within 90 days from the date of filing the appeal.
The decision of the appeal committee may, within 30 days from the date of its notification, be opposed before the Administrative Tribunal.
The Department may require the applicant to introduce certain modifications or complements as it may deem appropriate to satisfy the provisions of Article 124 and as prescribed by the Regulations, failing which the applicant shall be considered as having withdrawn his application.
The applicant may, within 30 days of the notification of the decision and according to the procedure prescribed by the Regulations, appeal such a requirement to the Committee provided for in Article 124.
The applicant may, on his own initiative, submit to the Department such modifications or complements, in accordance with the Regulations.
The protection conferred by the registration of an industrial Designs shall be for a period of ten years as from the date of filing the registration application in Egypt.
The protection shall be extended for a further period of five years, when the owner of the industrial Designs applies for renewal within the last year of the protection period, and in the manner prescribed by the Regulations.
The owner may, however, apply for renewal of the registration, within three months after the expiry of the protection period, failing which the Department shall automatically revoke the registration.
The registration of an industrial Designs shall confer on its owner the right to prohibit third parties from the use, manufacture, sale or import of products bearing or incorporating such an industrial Designs.
The right to prevent other parties from importing, selling or distributing such products, shall lapse where the owner undertakes to market those products in any state or license a third party to do so.
The use by a third party of a protected industrial Designs in any of the following shall not be deemed to constitute an infringement of such a right:
(1) Activities relating to scientific research.
(2) Use for teaching and training purposes.
(3) Non-commercial activities.
(4) Manufacture or sale of parts of such products, for the purpose of repair, against fair compensation.
(5) Other uses that do not unreasonably conflict with the normal exploitation of the protected industrial Designs and that do not unreasonably compromise the legitimate interests of the owner, taking into consideration the legitimate interests of third parties .
The ownership of an industrial Designs may be assigned, wholly or partly, against or without compensation. It may also be subject to a mortgage or a right of disposal.
Without prejudice to the provisions pertaining to the sale and mortgage of commercial enterprises, the transfer of ownership of an industrial Designs, its mortgage or disposal shall not be valid with respect to a third party unless such an act has been duly recorded in the register of industrial Designss.
The Regulations shall prescribe the relevant procedures in this regard.