Highlights

In the spirit of government-led reforms in Egyptian legislation, a significant legal development occurred on 6 August 2023, with the issuance of Law No. 163 of 2023 (the “Law”), establishing the Egyptian Authority for Intellectual Property (“EAIP”). EAIP shall report directly to the Prime Minister and will have jurisdiction over all matters related to intellectual property rights (“IPR”).

The establishment of EAIP represents a crucial step toward centralizing and unifying the management of IPR matters within a single and competent authority. This move aims to address the challenges posed by the fragmented responsibilities previously held by various administrative authorities across different entities and ministries. By consolidating these functions under EAIP, the goal is to streamline processes, eliminate inefficiencies, and reduce contradictions that have hindered the effective treatment of various IPR matters.

The Law, which came into on effect 7 August 2023, extends beyond the cultural and scientific research industry. It also recognizes the pivotal role played by IPR in driving economic and social development. The protection and enforcement of IPR have a direct impact on the technological, industrial, and investment sectors, making this reform paramount in enhancing the investment climate in Egypt by ensuring IPR protection and enforcement.

National Strategy for IP

The Law focuses on the implementation of the National Strategy for Intellectual Property (the “Strategy”), and defines it as a future plan outlining the goals, priorities, and policies necessary for the development of the IP system. The primary objective of this Strategy is to foster sustainable development.

The implementation of the Strategy signifies a commitment to creating a conducive environment for IP development. It aligns with the broader goal of achieving sustainable development goals by leveraging the potential of IPR.

EAIP’s Missions and Competencies

The establishment of EAIP is driven by strategic objectives that prioritize the regulation, protection, and enhancement of IPR in Egypt. This commitment aligns with the country’s international obligations concerning IP. EAIP recognizes the crucial balance between safeguarding these essential rights and fostering sustainable development in economic, social, cultural, and technological aspects. With a clear focus on building a knowledge economy, EAIP aims to create an environment where IP thrives and contributes to the nation’s growth.

To achieve these strategic goals, EAIP is entrusted with significant competencies and prerogatives, including, inter alia, the following:

1. preparation and updating the Strategy in close cooperation with the concerned ministries and entities;
2. registration, deposit, and enrollment of IPR, including the issuance of protection certificates as outlined under the Intellectual Property Rights Law No. 82 of 2002 (the “IPR Law”);
3. creation of an integrated database in collaboration with the World Intellectual Property Organization while respecting data and information privacy restrictions;
4. establishment of coordination mechanisms and focal points within concerned ministries and entities for effective collaboration in the field of IP;
5. encouragement of registration and exploitation by researchers, inventors, startups, Small and Medium-Sized Enterprise owners to register their research outcomes, inventions, and creations to obtain protection certificates to economically enhance the exploitation of their IP;
6. development of policies for evaluating the country’s IP assets, aiming to optimize their exploitation in cooperation with the concerned entities. Additionally, provision of training to the private sector, experts, and companies involved in asset evaluation;
7. establishment of registries for enrolling patents and trademarks agents, ensuring compliance with the provisions of the IPR Law, and registries for the enrollment of technical specialized experts in asset evaluation based on criteria defined by EAIP;
8. investigation of complaints, provision of expert opinions to courts, and elimination of restrictive practices that may impede the international transfer of technology through necessary measures; and
9. active engagement in the exchange of legally open-source information with other countries, entities, regional or international organizations. This collaboration encompasses various aspects, including the prevention of trade in goods and services that infringe upon IPR, in line with policies set by the Cabinet.

EAIP as the Exclusive Authority for IPR

The implementation of the Law consolidates EAIP as the sole authority responsible for all matters related to IPR. This consolidation replaces competencies previously held by various ministries and public entities, including:

• Ministry of High Education and Scientific Research;
• Ministry of Supply and Internal Trade;
• Ministry of Culture;
• Ministry of Communication and Information Technology;
• Ministry of Agriculture; and
• Ministry of Trade and Industry.

Additionally, several public entities have undergone changes in their competencies concerning IP matters. The Academy of Scientific Research and Technology, the Supreme Council of Media, the Patent Office, and the Registry Plant Variety Protection have been replaced by EAIP.

These significant changes establish EAIP’s exclusive authority in all matters concerning IPR. By centralizing these competencies, EAIP aims to streamline processes, enhance efficiency, and ensure a cohesive approach to IPR administration and enforcement.

Full Implementation and Transitional Period

EAIP is set to assume its competencies within 1 (one) year of the entry into force date (i.e., 5 August 2024). However, this period can be extended once for up to 6 (six) months through a Prime Ministerial Decree. During this transitional period, all ministries, entities, and authorities responsible for IP matters will continue to exercise their prerogatives.

To ensure a smooth transition, a Prime Ministerial Decree will determine the timeline of this transitional period. The objective is for EAIP to commence assuming its prerogatives within 1 (one) month, with the aim of fully replacing the above-mentioned entities and ministries by the end of the stipulated transitional period.

Additionally, a committee comprising representatives from the Cabinet, competent ministries, and public entities will be formed. This committee will assess the human resources, experts, and specialized skills required. Furthermore, the committee will identify the necessary assets, equipment, and departments needed to support EAIP's operations effectively.

We will continue to monitor the progress of the full implementation of the Law and provide you with relevant updates. If you have specific inquiries or require guidance on how these changes may impact your IP matters, please do not hesitate to contact our team.