Legal System of doing business in Egypt

Firstly: The legal procedures for exporting to Egypt.

Secondly: The deference between agents and distributors in Egyptian law.

Thirdly: Protection of intellectual property in Egypt.

Fourthly: Investment incentives and guarantees in Egypt.

Firstly: The legal procedures for exporting to Egypt

The foreign factory who like to export final products to Egyptian market Must register into the General Organization for Export and Import Control in Egypt.

This foreign factory must have Quality Control System Certificate Like ISO or ILAC also must follow the measures of the International Work Organization.

Also, the foreign factory must Submit all its licenses and trade mark ownership Certificate.

All these documents should be certified by Czech Chamber of Commerce, then should register it in the Egyptian Embassy in Czech.

Secondly: The deference between the agents and distributors in Egyptian law

1. Exclusivity:

According to Egyptian Trade law: when you prepare the agency contract if you wouldn’t write condition that this is Non-Exclusive Agency, the agency will be exclusive without a condition saying that.

1. The minimum duration of the Contract:

According to the freedom of contracting concept, the contractual parties have the right to choose the duration of the contract, or even to conclude the contract as an unlimited duration, but: If the agent will build new stores or maintenance buildings: the duration of the contract shall not be for less than five years.”

1. If the contract is for unlimited duration:

The principal shall not cancel the contract unless the agent breach the contract, otherwise the principal shall compensate the agent for the damages caused to him as a result of such cancelation.

Also, the agent shall not Cancel the contract in wrong time without approved excuse, otherwise the agent shall compensate the principal for the damages caused to him as a result of such cancelation.

1. If the contract is for limited duration:

The principle decides not to renew it at the expiry of its term, the agent shall have the right to receive a compensation to be decide by the court even if there is a condition in the contract refuse that.

The rules for such compensation to be payable are as following:

A- The agent shall not have mistaken in the course of executing the contract.

B- The activity of the agent shall have led to success in increasing the sales of the products or increasing the number of customers.

1. Judicial jurisdiction:

Judicial jurisdiction in disputes resulting from the agency contract will be for the Egyptian courts only, whatever the contract says.

Thirdly: Protection of intellectual property in Egypt

1. Egypt signed all of these International IP Agreements:

• Strasbourg Agreement
• Nice Agreement
• All Madrid Agreements
• Berne Convention
• Paris Convention
• Nairobi
• Washington Treaty

1. Intellectual Property Rights in Egypt (IPRs):

IN Egypt Intellectual Property Rights, are asset you can save it or sale it.

Intellectual Property Rights in Egypt includes trademarks, design rights, patents and copyright of books, photos, films, music, software, data, …

1. The trademark registration is valid for 10 years from the date of filing the trademark application and it is renewable for periods of 10 years each upon new application.

1. The patent registration is valid for 20 years starting from the date of filing the application. Annuities should be paid until the expiry of the patent protection period.

1. The design or an industrial model registration is valid for 10 years starting from the date of filing the application. A registration can be renewed once for further 5 years.

1. Copyrights protected for the lifetime of the author plus 50 years following his/her death.

1. ENFORCING your IPRs in Egypt:

Under Egyptian laws, an owner of an Intellectual Property Right (IPR) has the right to take some types of legal actions:

• Civil actions: Actions intended to stop unauthorized use of an IPR and compensate of the damages.

• Criminal actions:  a criminal offense that shall be prosecuted by the government representing the interests of the society.

• Border measures: Customs officers have the authority to stop the customs clearance of a good in case of infringement of any kind of IPR.

Fourthly: Investment incentives and guarantees in Egypt

1. Investment freedom:

Yes, you can invest in Egypt without Egyptian partner.

1. Investment protection & Arbitration:

Egyptian Law says that the government can't take your money, also Egypt signed a lot of international investment protection agreements which give you the right to solve all your disputes in Egypt through international arbitration.

1. Money Transfer:

You can transfer your money out of Egypt anytime without any limit or Condition.

1. No procedures for investment:

You just click only one window. Also, you can rent ready building with all licenses. Or you can own your land then you can get the golden license, just one license for all the government authorities.

1. You have the exclusive right to set your products prices also your employees’ salary. 
2. 0 % Taxes and customs duties for raw materials and machines.
3. You can sell your company Shares any time you want.
4. Your products will enter African and Gulf countries free of Customs.
5. The Weather and Green Hydrogen. 

For further information, please do not hesitate to contact me.

Kind regards,

Dr. Ahmed Said

Founder & Managing Partner

Legal Crises Consultant Law Firm

Main office: 81 Osman's building -Mustafa Elnahas St- Nasr city - Cairo - Egypt.

Tel:  +202 23828815      Mob: +2 01111157717                   

Email: info@Lcceg.com                            www.Lcceg.com

Facebook: www.facebook.com/LegalCrisesConsaltantsLcc

LinkedIn: www.linkedin.com/in/dr-ahmed-said-1749545a

YouTube: https://www.youtube.com/c/DrAhmedSaid/videos

ENFORCING your IPRs in Egypt

Under Egypt laws if any violation happen to your IPR there are three types of legal actions you can use as the following :

• Civil actions: Actions intended to stop unauthorized use of your IPR and compensate the damages caused by the violation.

• legal Criminal actions: IPR violation include a criminal offense that shall be prosecuted by the government representing the interests of the society.

• Border measures: Customs officers have the authority to prevent the customs clearance of a good in case of violation for IPR.

It should be pointed out that the judicial process is slowly.

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What to do if any violation for your IPR?

• The holder of IPR certificate, submit a written request to stop the violation and Confiscate the fake products.

Personally, or through an authorized legal representative.

Where to fill a complaint?

Area Police station or Area Customs Authority

What is the complaint Result?

• The government shall confiscate of the fake products, if the inspection confirm it's counterfeit. And prison the criminal.

•Egypt, after accepting the 1967 UPOV Convention in 2019, is obligated to provide protection for the new plant varieties.

•This protection can take the form of patents or a specialized form of protection. Egypt opted for specialized protection, as outlined in Intellectual Property Law No. 82/2002. The protection period is 25 years for trees and grapes and 20 years for other plant varieties.

What are Copyrights in Egypt?

The rights of the authors to their artistic works Such as: Books, articles, Music, Movies Computer software.

Copyrights in Egypt has the same definition of copyrights in EU.

Who can Register?

The registration can be carried out personally, or through an authorized legal representative

Which Languages can I use?

Arabic

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Where and What are the registration procedures for the industrial design?

The registration application of copyrights must be submitted in The Cultural Affairs' Supreme Council at the Ministry of Culture.

Once an application for the registration of copyrights is filed, it is examined as to form only.

Then the Council issue the copyrights protection Certificate

How LONG does legal protection last?

Copyrights protected for the lifetime of the author plus 50 years following his/her death.

How much does Registration COST

Government fees to apply for Copyright are about 50 USD per class. The average market price of professional support for Copyright filing is about 300 USD per class   

What are Industrial Designs in Egypt?

Every arrangement of lines and every design with or without colors, if it is clearly and applicable for industrial use, shall be considered an industrial design or model.

Who can Register?

The registration can be carried out personally, or through an authorized legal representative

Which Languages can I use?

Arabic

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Where and what are registration procedures?

ITAD is the Egyptian government office for Designs registration.

A registration of a design or an industrial model is subject to cancellation in the event any interested party submits opposition proof that this design is old.

Opposition of the registration of an industrial design can be submitted within 2 months from the publication date of the industrial design.

The registration, assignment and cancellation of design and industrial model registrations are published in the Official Gazette and entered in the register.

If you Registered industrial models in EUIPO by Paris Convention for the Protection of Industrial Property under WIPO.

You can get direct certificate from ITAD. to enforce your IPR into Egyptian government , Police, Custom Authority.

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How LONG does legal protection last?

A design or an industrial model registration is valid for 10 years starting from the date of filing the application. A registration can be renewed once for further 5 years.

How much does Registration COST?

Government fees to apply for Industrial Designs are about 50 USD per class. The average market price of professional support for Industrial Designs filing is about 300 USD per class.

What are Patents in Egypt?

Patents of invention shall be granted according to the provisions of the law herein for each invention, which is industrially applicable, novel and involves an inventive step, either concerning new industrial products, innovated industrial methods, or new application of known industrial methods.

So Patents in Egypt has the same definition of Patents in EU.

Who can register?

The registration can be carried out personally, or through an authorized legal representative.

Which Languages can I use?

Arabic

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Where and What are registration procedures?

EGPO is the Egyptian government office for Patents registration,

EGPO receive the registration application, the patent law say that the registration application should be filed before the invention publication or industrial using.

IF you registered your Patents in EUIPO by Paris Convention for the Protection of Industrial Property under WIPO

You can get direct certificate from EGPO to enforce your IPR into Egyptian government, Police, Custom Authority...Etc.

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How long does legal protection last?

A patent is valid for 20 years starting from the date of filing the application.

How much does Registration COST?

Government fees to apply for a Patent are about 150 USD per class. The average market price of professional support for Patent filing is about 900 USD per class.