Trademark

Article 103

Where the quantity, dimension, measure, capacity, weight, origin or ingredients of a product constitute a factor in assessing its value, the competent minister may decide to prohibit the sale, marketing or importation of such products, unless they bear these indications.

The competent minister shall determine the manner in which such indications should be placed on the product in Arabic, and any alternative procedures where necessary.

Article 104

Where a geographical origin has become descriptive of the quality, reputation or other characteristics of a certain product so as to be largely instrumental in its marketing, such geographical indications shall be used to indicate the place of origin of such goods in a district or part in a country member in the World Trade Organization or a country according Egypt reciprocity.

The protection in the country of origin is required to protect such indications.

Article 105

A person residing in a place especially reputed for the production of a given product, may not affix on the products of his trade geographical indications in such a manner as to lead the public to believe that the products were produced in that place of special reputation.

Article 106

No means may be used to designate or present any products, in such a manner as to lead the public to believe that such products were produced in a geographical area other than its real place of origin.

Article 107

A person producing any products in a place especially reputed for the production of such products, may not affix the geographical indication of that place on similar products he produces in other places in such a way as to suggest that such products were produced in the reputed place.

Article 108

Where a geographical name has become descriptive, to indicate in a commercial sense the nature of any products and not their geographical place of origin, such geographical name may be used in connection with such products.

Article 109

The registration of a trademark including a geographical indication, requires the continuous production, by the applicant, of the products in the reputed geographical area.

Article 110

A trademark including a geographical indication may not be registered, where such an indication is likely to mislead the public as to the real origin of the goods.

Article 111

A trademark including a geographical indication may be registered if the right conferred by the mark was acquired in good faith before the entry into force of this Law, or before the geographical indication has been granted in the country of origin.

Article 112

Any interested party may institute normal proceedings before the competent court of first instance to order prohibiting the use of any geographical indication not included in a registered trademark, where such use is likely to mislead the public as to the real origin of the products.

The competent court of first instance shall be the court having jurisdiction at the place where the geographical indication is used.