Drawings and Designs
Brief:
Industrial design is the ornamental or aesthetic appearance of an item. The design could be consisted of curving elements, such as the form of the piece, its surface or two dimensional elements like drawings, lines or colors As a principle the owner of the registered industrial design or registered design patent has the right to prevent others from manufacturing, selling or importing products, that bear design or an embodiment of the protected design, when he practices this business for commercial purposes The industrial designs are applied to a wide range of the industrial products and handicrafts, such as envelopes, containers, furniture, home accessories, lighting fixture, jewelry, electronic devices and textiles Industrial designs are also pertinent to pictured symbols, users facades, emblems. Designs and drawings enjoy protection in Egypt upon registration at the competent Office Egypt applies the international classification of the industrial drawings and designs, approved by virtue of Locarno Agreement The registration shall be in effect after passing the newness check requirement. Industrial design or model protection period is ten (10) years as of the request submission date. It is liable for renewal for one more time for five years The registration of the industrial design or model could be cancelled, if a concerned person submitted a cancellation request to the competent court on basis that the industrial design or model did not enjoy the newness condition upon submitting the request. The registration, transfer and cancellation of the industrial drawing or model registration shall be announced in the Official Gazette. The foregoing shall be recorded in the Register The Intellectual Property Law No. 82 of 2002 permits objection to the registration of the industrial drawing or model within two (2) months from the date of publishing the industrial drawings and models The commercial register directorate may, when the public interest necessitates such and upon the condition of obtaining the approval of a Ministerial Committee, constituted by a resolution of the Prime Minister upon a recommendation of the competent minister, grant an exclusive license to exploit the industrial drawing or model in return for a fair compensation The applicable law stipulates the penalty ensuing from any unauthorized use or transgression on a registered industrial drawing or design Several conventions and treaties have organized protection for these drawings and designs, including1) Geneva Document for Hague regarding the international registration of the industrial drawings and designs.
2) The Executive Regulation for Geneva Document of Hague Convention regarding the international registration of the industrial drawings and models
1Industrial Models Requests (Filing Conditions)
-Agent deed legalized by the Egyptian Consulate.
-Four copies (pictures or drawings) of the drawing or model on a good quality paper of size 21x 33 cm.
-Legalized copy of the applicant company registration in the Commercial Register or a legalized copy of the incorporation certificate, provided that it includes the name, address, nationality, legal status and profession of the applicant.
-Legalized copy of the Priority Document based on the international agreements. All documents should be submitted within three (3) months from the filing date.
2Transfer Request:
-Agency deed signed by the transferee and legalized by the Egyptian Consulate.
-Extract of the transferee company’s entry in the Commercial Register or a legalized copy of the incorporation certificate, legalized by the Egyptian Consulate.
-Model transfer deed, including the establishment ownership transfer, which manufactures the goods, regarding which the trademark has been registered.
-Transferee’s name, address, nationality, legal status, profession or nature of the commercial business, which he practices.
3Remarks
In addition to the foregoing and with respect to the requests of the industrial models registration, the Applicant should submit an extract of the transferee company’s entry in the Commercial Register or a legalized copy of the company’s incorporation certificates, legalized by the Egyptian Consulate.
4License requests
-License agreement, legalized by the Egyptian Consulate
-Official power of attorney, signed by the licensee and licensor and legalized by the Egyptian Consulate.
-An extract of the transferee company’s entry in the Commercial Register or a copy of the incorporation certificate legalized by the Egyptian Consulate.
-Name of the licensee, address, nationality, legal status, profession or nature of the commercial business, which he practices. Regarding the requests pertinent to the industrial models, the applicant should submit an extract of the company’s entry in the Commercial Register or a copy of the incorporation certificate, legalized by the Egyptian Consulate.
5Requests of amendments of the name and address:
-Agency deed legalized by the Egyptian Consulate
-Legalized certificate indicating the amendment of the name and address. As for the requests pertinent to the industrial models, the applicant company should submit an amendment certificate of the name or address, legalized by the Egyptian Consulate.
