The protection period of a utility model shall be for a non-renewable period of seven years starting from the filing date of the application for the utility model with the Patent Office in Egypt.
A fees shall be payable on filing a utility model application, and a progressive annual fee shall be paid starting from the second year until the expiry of the protection period.
The Regulations of this Law shall fix the amount of such fees, which shall not exceed 1,000 pounds for each application, as well as the conditions for the reduction and waiver of such fees.
Without prejudice to the provisions of Article 10, shall be subject to a fine of not less than 20,000 pounds and not more than 100,000 pounds any party who undertakes:
(1) the imitation, for commercialization purposes, of the subject matter of an invention or a utility model for which a patent has been granted in accordance with the provisions of this Law;
(2) the sale, offer for sale or circulation, importation or possession with the intention to trade, of products known to that party as imitations, where the patent for the invention or the utility model for such products is granted and valid in Egypt;
(3) the unlawful use, on products, advertisements, trademarks, packaging or others, of indications that may lead to believe that such a party has obtained a patent for an invention or a utility model.
Repetition of the offense shall be punishable by imprisonment for a period of no more than two years and by a fine of not less than 40,000 pounds and not more than 200,000 pounds.
In all cases, the court shall order the seizure of the infringing imitated products and the implements used in the imitation. The conviction decision shall be published in one or more daily newspapers, at the expense of the convicted party.
The holder of a patent or a utility model may request the president of the competent court, as may be the case, to order conservatory measures against products or goods that are claimed to imitate a patented product, according to the detailed description established in the patent or utility model document. The necessary conservatory measures shall be ordered to preserve such products and goods in their state.
The aforementioned order may be issued before instituting the proceedings. Such order shall lapse if the proceedings are not instituted within 8 days from the date of the injunction.
The identical product shall be deemed to be obtained by the patented process, if the plaintiff could prove in his civil proceedings:
(1) that the identical product was made by the direct use of the patented process; or
(2) that he has exerted reasonable efforts to determine the process actually used in the production. In such a case, the court may require the defendant to provide evidence that the identical product was made by a process other than the patented process owned by the plaintiff.
In requiring the production of evidence, the court shall take into account the legitimate interest of the defendant in protecting his manufacturing and business secrets.
The president of the competent court dealing with the merits of the case may, at the request of any interested party and on petition, order one or more of the appropriate conservatory measures to ensure the payment of the decided fines or damages. He may also order destruction of the objects in question, where necessary.
A committee shall be established by decision of the competent minister and shall be empowered to examine appeals against decisions made by the Patent Office in application of the provisions of this Law. The committee shall be composed of a chairman who shall be a consultant at the appeal courts or of a corresponding rank from the judiciary, an assistant consultant of the State Council and three experts as members.
Fees of not more than 500 pounds shall be fixed by the Regulations for appeals brought before the committee.
The committee shall decide on an appeal within 60 days from the date of its filing. The decisions of the committee shall be final.
Apart from revocation requests combined with an order to waive execution, no complaints against decisions of the Patent Office may be brought to court before a decision was taken on the appeal, or within 60 days from filing the appeal if not decided.
The Regulations shall fix the rules of procedure of this Committee.
The decision of the Committee, provided for in Article 36, may be the subject of an appeal by the Patent Office or any interested party before the Administrative Tribunal within 60 days from the date of notification of the Patent Office or the interested party of the decision by registered mail with acknowledgement of receipt. The Tribunal shall decide on the appeal expeditiously.
If a patent application is filed in a country or by an entity member of the World Trade Organization or a country that applies reciprocity to Egypt, the applicant or the successor of his rights may, during the first year following the filing date of the application, file a similar application with the Patent Office in Egypt for the same subject matter and in conformity with terms and conditions provided for in this Law and its Regulations. In this case, for the purpose of determining precedence, the date of the first application in the foreign country shall prevail.
Staff of the Patent Office may not file patent applications personally or an intermediate until at least three years from the date of termination of their employment in the Office.