Issuance of Law Establishing Egyptian Intellectual Property Authority

As a part of the execution of the Egyptian National Strategy for Intellectual Property launched September of last year, the Egyptian Cabinet approved the draft law establishing the Egyptian Intellectual Property Authority (“EIPA”), and it was issued under Law no. (163) of 2023 (the “Law”) which was published in the Official Gazette on 6 August 2023.

The Law regulates the establishment, authorities and operation of EIPA, which is the first step in many to come in developing and enhancing the intellectual property system in Egypt.

What are the main changes that follows the issuance of the Law?

• Establishment of EIPA and Consolidation of Intellectual Property Offices:

EIPA will be established within (1) year from the date of issuance of this Law, extendable for additional (6) months subject to Prime Minister’s approval. EIPA shall replace all Intellectual Property Offices and relevant Ministries in the duties assigned to these entities, specifically their roles according to Law No. (23) of 1951 concerning Patent Agents’ Practices, Law No. (82) of 2002 concerning Protection of Intellectual Property Rights and Law No. (94) of 2012 concerning Determination of Cost for Search and Annuity Fees in Accordance with Patent Cooperation Treaty. Which entails acting as the relevant IP Office for registration of Intellectual Property Rights over trademarks, designs, patents, and copyrights.

EIPA will have a board that shall consist of an appointed President and Vice-Presidents assisting the president in his duties. The Vice-Presidents will be the Head of the Academy of Scientific Research and Technology, the Head of Internal Trade Development Agency, Chief Operating Officer of Information Technology Industry Development Agency and a member of the Egyptian Council of State. The Law specifies the authorities and role of the board, the appointment of its president and members as well as its meetings and processes.

• EIPA Authorities and Role

Article (4) of the Law provides for the role and the authorities of EIPA, which also includes:

1. Preparation of National Strategy for Intellectual Property and Certifying which from Council of Ministers.
2. Setting up Databases for Intellectual Property Rights and deploying which for development of an Intellectual property system.
3. Encouragement of R&D through supporting researchers, inventors, start-ups and SMEs and working on registrations of their inventions.
4. Setting up strategies for valuation of intellectual property rights owned by the State.

• IP Experts:

IP Agents and IP Experts shall be registered at EIPA. In which, EIPA shall be in charge of assigning experts to IP related cases and disputes. Also, EIPA shall act as Counsel for any new draft laws and regulations related to intellectual property protection and enforcement.

EIPA shall launch awareness campaigns and hold conferences on importance of intellectual property protection and enforcement.

• Intellectual Property Related Disputes

EIPA shall be in charge of examining complaints related to intellectual property violations that are referred to it from the different courts or enforcement authorities, as an expert. In this context, EIPA shall establish relevant offices in each Ministry and Agency to cooperate with these agencies and provide technical support required for IP related matters.

When will the Decision come into force?

According to the Official Gazette publication issued on 6 August, the Decision shall come into force on the following day of publication; 7 August 2023.

How can we help you?

If you have any questions or need further details about the Law and how it may affect you, please feel free to contact our lawyers mentioned below and we would be happy to assist. Our team of lawyers regularly advise and assist clients on all that is related to trademark protection, prosecution, enforcement, litigation and commercialization in Egypt and the wider MENA region.