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BOOK II
Trade Marks, Trade Description, Geographical indications ,
Designs & Industrial Models
Section ( 1 )
Trade Marks, Trade Description,
Geographical indications
Trade Marks
Article ( 63 )
A trademark is any sign capable of distinguishing a product or
service and includes in particulars, names in a distinctive
form, signatures, words, letters, figures, drawings, symbols,
titles, stamps, seals, vignettes, embossed engravings, and any
special combination of colors in a distinctive form or any
combination thereof, used or intended to be used, either for
distinguishing the products of any industrial, agricultural,
forest or mining venture or any other goods, or for indicating
the origin, quality, category, guarantee, method of
preparation or performance of any service.
In all cases the mark should be visible.
Article ( 64 )
Department of Commercial Registration shall be entitled to
register trade marks in a special register in accordance with
this law and Implementing regulations thereof subject to the
provisions of articles ( 3 & 4 ) of Decree No 115 of 1958
concerning use of Arabic Language.
Article ( 65 )
The registrant of a trademark shall be deemed to be the
proprietor thereof if the mark is used for five consecutive
years without any dispute in respect of priority of use.
Any person has prior use may dispute and request cancellation
of the said registration within the said five years.
Nevertheless, cancellation of trademark may be requested at
any time if such registration was made in bad faith.
Article ( 66 )
Without prejudice to the provisions of International
Conventions valid in Egypt, any Egyptian or foreign natural or
juridical person having an actual and active activity in
member state of WTO or citizen of a country according Egypt
similar treatment , may file a Trademark application and
consequent rights according to the provisions of this law.
Citizen of member state of WTO shall enjoy any advantage,
preference, or immunity accorded by any law to citizens of any
country in respect of the rights stipulated in this section
unless such advantage, preference, or immunity accorded by :
( A ) Judicial Aid agreements or agreements on enforcement of
Laws of general nature..
( B ) Conventions related to Intellectual Property Rights
which became effective before 1 January 1995.
Article ( 67 )
The following shall not be registered as a trade mark or parts
thereof :
(1) Marks devoid of any distinctive character, or such as are
composed of signs or statements which are only the appellation
given by usage to the products or the designs or ordinary
picture thereof.
(2) Every mark that is contrary to morality or public order.
(3) Public emblems, flags and other symbols pertaining to the
states and any imitation thereof.
(4) Marks identical with or similar to symbols of a religious
character .
(5) Red Crescent or Red Cross symbols and such other similar
symbols, as well as marks which are imitations thereof.
(6) The portrait of any individual or his emblems unless he
consent to such use.
(7) Statements relating to the titles of honor which the
applicant fail to prove as being legally entitled thereto.
(8) Marks and geographical indications likely to mislead or
confuse the public or containing false statements as to the
source or other qualities of the products or services, as well
as marks containing fictitious, imitated or counterfeit trade
name.
Article ( 68 )
The owner of a trademark which is well-known internationally
and in Egypt shall enjoy protection according to this law even
without registration of the said mark in Egypt.
The Trade mark office may, ex officio, reject the registration
of a trademark which is identical with a mark considered to be
famous and used for identical or similar Goods unless this
application is filed by the original owner of the well known
mark.
The above is applied to applications related to goods which
are not similar to those used in respect of the famous mark if
the said mark is registered in WTO member state and Egypt and
use of the said mark on this dissimilar product or services is
likely to give impression that there is a relation between the
owner of the famous mark and these goods and that such use may
result in a damage to the owner of the famous mark.
Article ( 69 )
Collective mark is used to distinguish a product produced by a
group belonging to certain entity which may or may not have
industrial or commercial enterprise.
An application for registration of a collective mark should be
filed by a representative of this entity.
Article ( 70 )
The concerned Minister, for achievement of public interest,
may authorize natural or juridical person who undertake the
control or examination of specific products, are eligible for
the registration of a mark devoted to the significant of the
execution of such control or examination of such products with
respect to their source, constituent elements, method of
manufacturing, qualities, nature or any other peculiarity.
This mark can not be assigned except with a special authority
from the concerned Minister.
Article ( 71 )
The right of the trade mark owner to prohibit others from
importing, using, selling or distributing goods in respect of
which the mark is used shall be exhausted if he distributed
the said goods in any country or grant a license for this
purpose.
Article ( 72 )
Temporary protection shall be granted to marks used on
products or goods intended for national or international
exhibitions. The period of protection shall not be extended in
accordance with article 75 of this law.
These exhibitions shall be defined by a special Ministerial
Decree issued by the concerned Minister in accordance with
terms and regulations stipulated in the Implementing
Regulations.
Article ( 73 )
Application for registering a trademark shall be filed with
the Administration of Commercial Registrations according to
the conditions and terms prescribed in the Implementing
Regulations of this Law. The said regulation shall determine
the fees due for filing an application and other procedures
related to the mark and shall not exceed E.P. 5000.00.
Article ( 74 )
A mark may be registered in respect of one or more classes of
products as it is prescribed in accordance with terms and
regulations set forth in the Implementing Regulations of this
Law.
The mark shall only be used in respect of one or more classes
of goods or products in respect of which it has been
registered.
Provisions of article 91 shall be applied in respect of
classes in respect of which the mark has not seriously used .
Article ( 75 )
If a trade mark application is filed in a member state of WTO
or country according Egypt a reciprocal treatment, the
applicant or his assignee may, within six months following the
basic application, file an identical trade mark application
covering the same products as the basic application in
accordance with the terms and stipulations of this law and
Implementing Regulations.
In this case the application will claim the priority date of
the first application in the foreign country.
Article ( 76 )
If two or more persons apply at the same time for the
registration of one mark or almost identical marks in respect
of one class of products, the registration formalities shall
be suspended until one of them submits an endorsed
renunciation from his opponents or final judgment in favor of
one of them is rendered.
Article ( 77 )
The Trade Mark Office may impose , through issuance of
official action, any restrictions or modifications which deem
fit for the better definition and clarification of the mark so
as to avoid any confusion with another previously registered
or applied mark.
The Trade Mark Office shall notify this decision to the
applicant, in writing, by a registered letter with acknowledge
receipt within 30 days from the date of the issuance of the
said decision.
The Trade Mark office may reject the application if the
applicant fails, within six months, to comply with the
conditions imposed
Article ( 78 )
The applicant may, within thirty days from the date of
notification, appeal against the Trademark Offices decision,.
The appeal shall be submitted to a committee to be constituted
according to a decree of the competent Minister and comprising
three members, one of them being a State Council.
Rules and procedures of forming the committee and handling of
the appeal shall determined in the Implementing regulations.
Article ( 79 )
Without prejudice to the concerned party's right to appeal, if
the committee sustained the decision of the Trademark Office
concerning the refusal of the mark on the grounds of
similarity to a previously registered mark in respect of the
same goods or same class, the subject mark shall not be
registered except in compliance with a final judgment issued .
Article ( 80 )
The Trade Mark Office shall publish the accepted marks in the
Trade Mark & Design Journal in the manner prescribed in the
Implementing regulations of this law.
Any interested party may oppose in writing the registration of
the published mark stating his grounds of opposition within
Sixty days from the date of publication in accordance with
terms and rules determined in the Implementing Regulations of
this law.
The Trademark Office shall notify the applicant by a copy of
the opposition within thirty days from the date of receiving
the notice of opposition.
The applicant shall submit a written counterstatement within
thirty days from the date of receiving the notice of
opposition, otherwise, the applicant shall be deemed to have
renounced his application.
Terms and rules of opposition shall be determined in the
Implementing Regulations.
Article ( 81 )
Before deciding on the opposition, the Trademark Office shall
hear the two parties of the controversy, and issues its
decision either accepting the registration or refusing same,
and in the former case, the trade mark office may impose any
conditions as it might deem fit to register the mark.
Article ( 82 )
The decision of the Trademark Office referred to in article (
81 ) concerning the opposition may be appealed in front of the
Administrative Court according to dates and procedures
prescribed in the Implementing Regulation.
Article ( 83 )
Registration of trade mark shall be made by a decision of the
Department which shall be published in the Trade Mark Journal
as prescribed in the Implementing Regulations.
Registration of Trade Mark shall be effective from the date of
filing.
Articles ( 84 )
The Trade Mark Office shall issue a certificate of all data
published in the Trade Mark Journal.
Articles ( 85 )
The owner of a registered mark may apply for amendment of the
mark provided that it does not affect the identity of the mark
essentially. The applicant may also amend the list of goods be
deleting items not adding
The trade mark office shall issue a decision accepting or
rejecting the amendments in accordance with rules of examining
the new applications.
Provisions concerning opposition, appeal and publication shall
equally applied to these decisions.
Articles ( 86 )
Any person may apply for extracts or copies from the register
of trademark in accordance with rules and regulations
prescribed in the Implementing regulations and upon payment of
the due fees prescribed in the Implementing Regulations and
not exceeding L.E.100.
Article ( 87 )
Transfer, mortgage or attachment of a mark may be effected
separately from the business or enterprise in respect of which
it is used, in accordance with rules and regulations
prescribed in the Implementing regulations.
Article ( 88 )
Unless agreed to the contrary, the transfer of the ownership
of a business or an enterprise includes the marks registered
in the name of the assignor if it is considered as closely
connected with the said business or enterprise.
If transfer of a business or enterprise is made without the
mark, the assignor may, continue using this mark on the same
products in respect of which it is registered, unless agreed
to the contrary.
Article ( 89 )
The transfer or license or mortgage of a mark shall not be
considered as valid against third parties, unless it is
recorded in the register and published in the manner
prescribed in the Implementing Regulations of this law.
Article ( 90 )
The period of protection of a mark is ten years, and may be
renewed for similar periods on application to be made by the
owner which may be filed during the last year of protection
period and upon payment of renewal fees equal to registration
fees.
During Six months following the expiry of the protection
period, the owner may apply for the renewal thereof upon
payment of the due fees and a fine prescribed in the
Implementing Regulations and not exceeding E.P.. 500.00
otherwise, the Trade Mark Office shall strike the mark off the
record.
Article ( 91 )
The Court may on the application of any concerned person,
order the cancellation of registration if it is proved to the
Court that the mark has not been effectively used for five
consecutive years without justification estimated by the
court.
Article ( 92 )
A mark whose registration has been canceled may be
re-registered in the name of the original owner within three
years from cancellation in accordance with procedures
prescribed in the Implementing Regulation and upon payment of
the due fees which shall not exceed E.P.1000.00.
The said mark may be re-registered in the name of the original
owner or any other party in respect of the same products after
elapsing of the said period in accordance with terms and
conditions prescribed for registration of trade marks in the
Implementing Regulations.
If cancellation was effected in accordance with Court order
for improper registration, the mark may be re-registered
immediately in favor of third party.
Article ( 93 )
The extension or renewal of the registration or cancellation
or re-registration shall be published in the Trade Mark &
Design Journal in the manner prescribed in the Implementing
Regulations.
Article ( 94 )
The Trade Mark Office or any interested party in cases other
than those stipulated in Article ( 85 ) may request the Court
to issue a decision in respect of addition of any data, that
may have been overlooked, to the register, or the omission or
modification of any data already entered therein if such has
been unlawfully or untruthfully made.
Article ( 95 )
The owner of trade mark may grant a license to one or more
natural or juridical persons to use the trademark for all or
some of the products in respect of which the mark has been
registered, and the trademark owner may use it by himself
unless otherwise agreed.
The trademark owner may not terminate the license agreement or
refuse to renew it except for a legal reason.
Article ( 96 )
License agreement should be executed, notarized and legalized
and should be recorded in the Trademark Register. The license
shall not be valid against third party unless it has been
recorded in the Register and published in the manner set forth
in the Implementing Regulations of this law.
Article ( 97 )
The licensee shall not assign the license to third party
without assigning the business in respect of which the mark is
used unless otherwise agreed.
Mortgage of a mark may not be validly raised against third
parties, unless it has been recorded in the register and
published in the manner prescribed in the Implementing
Regulations.
Article ( 98 )
The license agreement shall not include any terms which may
bind the licensee with restrictions for reservation of the
rights entitled by the trademark registration.
However, the license agreement may include the following
terms:
1. Nomination of the period of license.
2. Reasonable conditions which warrant the quality control of
products under the license, by the trademark owner providing
that such control shall not contradict with the rights of the
licensees in running his business.
3. Terms obligate the licensee to refrain from any action
which may lead to lower the value of the products bearing the
trademark.
Article ( 99 )
The owner of the mark or the licensee may apply to trade mark
office for cancellation of the license and the trade mark
office shall notify the other party.
Cancellation may be made in the cases prescribed in the
Implementing regulations.
Trade Description
Article ( 100 )
In the context of applying the provisions of this law, any
explanation related directly or indirectly to the following
shall be considered as a trade description:
(1) The number, amount, dimension, volume, capacity or weight
of the goods.
(2) The place or country where the goods were manufactured or
produced.
(3) The method of manufacture or production of the goods.
(4) Elements and component incorporated in the goods.
(5) The name and particulars of the producer or manufacturer.
(6) The existence of patents or any other industrial property
rights or any privileges, prizes or commercial or industrial
characteristics.
(7) The name or form by which the goods are known or valued.
Article ( 101 )
Trade Description should be true in all respects, whether it
is laid down on the products itself , packages, invoices or
letter papers, means of advertisement or any other means used
in the exposition of the goods to the public or on shops,
stores, or their addresses .
Article ( 102 )
Medals, diplomas, prizes or honorary degree of any kind shall
not be mentioned except for products acquired these privileges
and for persons acquired these privileges and those who have
acquired the rights thereof. This description should also
include an authentic statement as regards date, quality,
exhibitions or contests where the grant has been made.
Anyone who has been a partner in the exhibition of products
shall not make use of those privileges that have been awarded
to the co-partners for his own special products unless he
indicates clearly the source and nature of these privileges.
Article ( 103 )
If the quantity, dimension, volume, capacity, weight, source
or constituent elements are among the factors that are
important in the evaluation of the products, a Ministerial
Decree may be issued precluding the importation, sale or
offering for sale of these product, unless it bears a
statement of the above-mentioned data.
The Decree shall determine the manner of putting these data in
Arabic on the products and substituted procedures that must be
taken when necessary
Geographical
Indications Article ( 104
)
Geographical indications are indications which identify a good
as originating in a territory or a region of WTO member state
or country according Egypt similar treatment, where a given
quality, reputation, or other features of the goods are
essentially attributed to its geographical origin.
These indications shall be protected provided that it is
protected in the country of origin.
Article ( 105 )
Any persons who reside in places of special reputation in
producing specific goods, are not allowed to use geographical
indications on such goods suggesting that such products
originate in the well reputed region in a manner which mislead
the public.
Article ( 106 )
Shall not be allowed the use of any means in the designation
or presentation of a goods that indicates or suggests that the
said goods originates in a geographical area other than the
true place of origin in a manner which mislead the public.
Article ( 107 )
The manufacturer of a good in places of special reputation in
producing such good shall not use a geographical indication on
similar goods produced in another territory in a manner that
precludes and suggest that it has been produced in the reputed
territory.
Article ( 108 )
Some products may assume a geographical name which has become
a general term denotes in the commercial terminology, the
products itself and not its geographical origin.
Article ( 109 )
Trademark containing a geographical indication may be
registered provided that the applicant continuously produces
the goods in the reputed geographical territory.
Article ( 110 )
A trademark containing a geographical indication may not be
registered if use of same may mislead the public as to the
geographical origin of the good.
Article ( 111 )
A trademark containing a geographical indication may be
registered if the right thereon has been acquired by use in
bona fide before enacting of this law or before granting
protection of such geographical indication in the country of
origin.
Article ( 112 )
Any interested party may request the court of first instance
in the usual manner to prohibit use of any geographical
indication not included in the registered trade mark if such
use may mislead the public as to the geographical origin of
the good.
The competent court of first instance is the court within the
jurisdiction of the place of use of the said geographical
indication.
Article ( 113 )
Without prejudice to any severer penalty in any other Law,
shall be punished by imprisonment for a period not less than
two months and by a fine not less than E.P. 5000.00 and not
exceeding E.P. 20,000.00 or by either penalties, any person
commit any of the following acts :
1. Any person counterfeits a mark lawfully registered or
imitates it in such a manner as to deceive the public,
2. Any person uses a counterfeit or imitated trade mark in
mala fide
3. Any person affix on his product a mark owned by another in
mala fide.
4. Any person knowingly sells or offers for sale or handle or
possesses for the purpose of sale a product bearing a
counterfeit or imitated mark.
In case of recidivism, the penalty shall be imprisonment of
not less than 2 months and a fine not less than E.P.10,000.00
and not exceeding E.P.50,000.00.
In all cases, the Court may order the confiscation of goods
subject of the crime or amounts of money or articles obtained
therefrom and tools used in committing the said crime.
In case of conviction, the court may decide to close the place
of business used by the convicted party for a period not
exceeding six months and closure shall be compulsory in case
of recidivism.
Article ( 114 )
Without prejudice to any severer penalty in any other Law,
shall be punished by imprisonment for a period of not
exceeding six months and by a fine not less than E.P. 2000.00
and not exceeding E.P. 10,000.00 or by either penalties any
person who commit any of the following acts:
1 Any person affix a trade description which is not true in
all respects .on his products or on shops, stores, or on
signboards thereof, or on envelopes, invoices or letter paper,
means of advertisement or any other means used in the
exposition of the goods to the public,
2. Any person who make a statements on his trademarks or trade
papers with the purpose of giving the impression that it has
been registered.
3 Any person use unregistered trade mark in the cases
stipulated in paragraph 2, 3, 5, 7, 8 of article ( 67 ).
4 Any person mention medals, diplomas, prizes or honorary
degree of any kind on a goods which is not related thereof or
on persons, trade names not acquired by him.
5 Any person who join others in the exhibition of products
and use for his own special products those privileges that
have been jointly awarded unless he clearly indicates the
source and nature of these privileges.
6 Any person affix on his products - which produced in a
territory of special reputation - a geographical indication in
a manner which mislead the public by suggesting that it has
originated in such reputed territory.
7 Any person using any means in designation or presentation
products that mislead the public and suggest that it was
originating from a geographical territory which has a special
reputation other than the original geographical origin.
8 Any manufacturer of a goods in places of special
reputation for producing such goods who puts geographical
indication on similar goods produced in another territory in a
manner that suggest that it has been produced in the said
reputed territory.
In case of recidivism, penalty shall be imprisonment of period
not less than one month and fine of not less than E.P. 4000.00
and not exceeding L.E. 20,000.00.
Article ( 115 )
At the request of any interested party, the Judge of the
competent Court may order one or more of the following
conservatory measures and in particular:
( 1 ) Proving the violation of the protected rights.
( 2 ) A detailed inventory of equipment and tools used or had
been used in committing the crime as well as the products,
goods, signboards, packages, invoices, papers, advertising
means etc. on which the mark or trade description or
geographical indication, subject of the crime, may have been
affixed. The same shall apply on the imported goods upon
arrival.
( 3 ) Injunction of all materials referred to in paragraph ( 2
)
In all cases the Judge may delegate one or more experts to
assist the bailiff in his duty and may impose a suitable
security to be paid by the applicant.
The conservatory measures taken are deemed null and void if no
civil or criminal action is instituted against such measures
within 15 days following the date of issuance of the
injunction order.
Article ( 116 )
The defendant may appeal against the said order to the Judge
within 30 days from the date of issuance , the judge may
sustain the order or cancel same partially or totally.
Article ( 117 )
In any civil or criminal action, the Court may order selling
of the attached materials or which may be attached later
either for the deduction of their prices from the compensation
awarded or fine imposed, or for the disposal thereof in any
other manner the Court deems fit.
It may as well, order the destruction of the unlawful marks or
where necessary order the destruction of the goods, products,
signboards, packages, invoices, letters, advertising
materials, or any other means which bear theses marks, trade
description or geographical indications and destruction of
instruments and materials used in committing the crime.
The Court may also order the publication of the judgment in
one or more newspapers at the expense of the sentenced party.
The Court may issue an order with respect to all or part of
the above matters even in case of acquittal.
Article ( 118 )
The Minister of Justice shall issue in collaboration with the
competent Minister a decision of persons who have the capacity
of Law officers with respect to the implementation of the
provisions of this section.
Section ( 2 )
Design & Industrial Models
Article ( 119 )
For the purpose of this Law, industrial design or model shall
mean any arrangement of lines and every three dimension shape
, with or without colors, if it is new and industrially
applicable.
Article ( 120 )
Design or Industrial model shall not be considered as new in
the following cases :
( 1 ) If it has been publicly disclosed, described or exposed
before the date of filing an application for registration.
Nevertheless, design or industrial model shall be considered
as new if such disclosure or description is made after filing
an application for registration of same in WTO member state or
in a country accord Egypt similar treatment or exposed in any
national or international Exhibition, or published the
drawings or industrial model in a conference or scientific
periodical , all these within a period not exceeding six
months before filing an application for registration of same
in Egypt.
( 2 ) If there is slight difference between same and prior
design or industrial model or used in respect of products
different than those in respect of which the prior design or
industrial model is registered.
Article ( 121 )
Without prejudice to the provisions of International
Conventions valid in Egypt, any Egyptian or foreign natural or
juridical person having an actual and active activity in
member state of WTO or citizen of a country according Egypt
similar treatment , may apply for registration of industrial
design or model and consequent rights according to the
provisions of this law.
Citizen of member state of WTO shall enjoy and advantage,
preference, or immunity accorded by any law to citizens of any
country in respect of the rights stipulated in this section
unless such advantage, preference, or immunity accorded by :
( A ) Legal Assistant Conventions or General conventions for
execution of Laws.
( B ) Conventions related to Intellectual Property Rights
which became effective before 1 January 1995.
Article ( 122 )
Department of the Commercial registration shall be entitled
with registration of Design & industrial Models in the
register specifically prepared for this purpose.
An application, may include a number of designs and Models not
exceed fifty, provided that they form altogether a homogeneous
unit.
Procedures of application, number of Designs & Models included
in one single application, examination procedures, publication
of acceptance, opposition formalities and all other procedures
as well as the fees due for registration and renewal shall be
prescribed in the Implementing Regulations provided that such
fees in total does not exceed E.P. 3000.00
Article ( 123 )
Officers of the office entitled with registration of Designs
and Industrial Models cannot apply directly or indirectly for
registration of Design or Industrial Model except after
lapsing of three years at least from the date of leaving the
office.
Article ( 124 )
The following can not be registered as Design or Industrial
Model :
( 1 ) Designs and Industrial models normally required for
artistic or functional considerations.
( 2 ) Designs and Industrial models consists of symbols of
religious character or stamps of flags of Egypt or foreign
countries or those use of which is contrary to morality or
public order.
( 3 ) Designs and Industrial models which is identical,
similar with registered trade mark or well known mark.
In all cases, the office should notify the applicant of the
rejection by official action within 30 days from the date of
issuance by registered letter with acknowledgement receipt.
The applicant may appeal against this decision within a term
not exceeding 30 days from date of notification and consists
of three members one of them is a State Counselor. The
committee may seek the advice of experts.
Procedures and fees of the appeal shall be prescribed in the
Implementing Regulation.
The committee shall decide in the said appeal within 90 days
from filing thereof.
The appeal against the decision of the Committee should be
lodged before the Administrative Court of the State Council
within 30 days from the date of notification of the appellant.
Article ( 125 )
The administration may impose any restrictions or
modifications which they deem fit to apply article ( 124 ) as
stipulated in the Implementing regulations. If the applicant
fails to comply with the conditions imposed, he shall be
deemed to have renounced his application.
The applicant may appeal against that decision in front of the
committee referred to in article ( 124 ) within thirty days as
from the date of notification of the official decision, in the
terms and conditions laid down in the Implementing
regulations.
The applicant may request an amendments referred to in the
manner laid down in the Implementing Regulation.
Article ( 126 )
Period of protection of Design or Industrial Model is ten
years starting from the filing date.
The said registration may be renewed for further five years if
the owner of the design or industrial Model file an
application for renewal during the last year of the original
period according to the conditions and terms prescribed in the
Implementing Regulations of this Law.
The owner may file a renewal application within three months
from the expiration date otherwise the design office
ex-officio, shall cancel registration of design or Industrial
model.
Article ( 127 )
The owner of a design or Industrial model registration is
entitled to prohibit use, manufacture, sell, import products
subject of the Design or Industrial Model.
The right to prohibit others from importing, using, selling,
distributing products referred to is exhausted if the owner
market these products in any country or give a license to
market the said products.
The following acts shall not be considered as a breaching of
the rights of the protected Design or Industrial Model :
( 1 ) Acts related to scientific activities.
( 2 ) Acts related to education or training purposes.
( 3 ) acts related to non commercial activities.
( 4 ) Manufacturing or selling parts of the said products for
repairing in return of fair compensation.
( 5 ) Other uses which does not reasonably conflict with the
normal use of the protected Design or Industrial Model and
does not damage the legal interests of the owner taking into
consideration the legal interests of others.
Article ( 128 )
Ownership of Design or Industrial Model can be partially or
totally assigned with or without consideration, and it may be
mortgaged or attached.
Without prejudice to the acts of Law relative to the sale and
mortgage of commercial establishments, the transfer of the
ownership of a Design or Industrial Model shall not be valid
against third party until it is registered in the register of
Design & Industrial Models.
Procedures shall be stipulated in the Implementing
Regulations.
Article ( 129 )
Design office may , for the purpose of public interest and
after approval of a Ministerial Committee formed by Prime
Minister, issue a decision granting third party compulsory
license to use a registered design or industrial model in
return of a fair compensation. Terms and conditions of
granting such license shall be stipulated in the Implementing
regulation.
Article ( 130 )
The design Office shall publish all registration, renewal and
cancellation decisions in the Trade Mark & Design Journal,
publication shall include a representation of the Design
according to the terms and conditions laid down in the
Implementing Regulation.
Stipulations of articles 80, 81, 82 & 83 are applied to this
section.
Article ( 131 )
Any person shall have the right to obtain copies of the
registered Design or Industrial Model documents relative
thereto and also extracts from the official register as set
forth in the manner shown in the Implementing regulations and
upon payment of a fees not exceeding L.E. 100.00.
Article ( 132 )
Temporary protection shall be awarded to designs and
industrial models exhibited in national or international fairs
defined by the competent Minister. Implementing Regulations of
this law shall embody provisions and rules of granting this
protection.
Article ( 133 )
The Design Office and any interested person shall have the
right to apply to the Administrative Court to annul
registration of Design or Industrial Model that may have been
improperly registered . The Design Office shall cancel such
registration upon submitting an executive copy of a judgment
carrying the force of a matter.
Article ( 134 )
Without prejudice to any stronger punishment in any other Law,
shall be punished by a fine not less than E.P. 4000.00 and not
exceeding E.P. 10,000.00 , any person commit any of the
following acts :
1. Anyone imitated a design or industrial model registered
according to the provisions of this law.
2. Anyone knowingly manufactures, sells or offers for sale or
handle or possesses for the purpose of sale a product taking
the form of imitated design or industrial model.
3. Anyone who make a statements on his products, advertising,
trademarks or other means with the purpose of giving the
impression that has registered his design or industrial model.
In case of recidivism, the accused shall be sentenced to
imprisonment of not less than one month and a fine not less
than E.P.8,000.00 and not exceeding E.P.20,000.00.
In all cases, the Court may order the confiscation of the
design or industrial model which is the subject of the crime
as well as products and tools used in committing the crime
The Court may also order the publication of the judgment in
one or more newspapers at the cost of the sentenced party.
Article ( 135 )
At the request of any interested party, the Judge of the Court
may order one or more of the following conservatory measures
and in particular:
( 1 ) Prove the event of violation of the protected rights.
( 2 ) A detailed inventory of equipment and tools which are
being used or had been used in the committing the crime.
( 3 ) Injunction of all materials referred to in paragraph ( 2
)
In all cases the Judge may include the delegation of one or
more experts to assist the bailiff in his duty and may impose
a suitable security to be paid by the applicant.
The conservatory measures taken are deemed null if action is
instituted in front of the competent court against such
measures within 15 days following the issue of the injunction
order.
Article ( 136 )
The defendant may appeal against the said order to the Judge
within 30 days from the date of issuance , the judge may
sustain the order or cancel same partially or totally.
Article ( 137 )
The Minister of Justice shall issue in collaboration with the
competent Minister a decision of persons who have the capacity
of judicial police officers with respect to the application of
the provisions of this section. |
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