Individuals who are legally entitled to register a trademark in the Arab Republic of Egypt
Individuals who are legally entitled to register a trademark
Article 66 of the IP Law has included a statement of the individuals entitled to register their trademarks in Egypt without prejudice to the provisions of international agreements in force as follows:
The trademark may be registered for every Egyptian or foreigner natural or legal person who belongs to or who has a real and effective activity center in one of the countries or entities that are members of the World Trade Organization (WHO) or those which treat Egypt on a reciprocity basis.
The same article has added in its second clause that: –
“Citizens of all member states of the World Trade Organization shall benefit from any advantage, preference, privilege, or immunity granted under any other law to nationals of any country concerning the rights stipulated in this chapter unless the advantage, preference or immunity derives from:
A- Legal aid agreements or law enforcement agreements of a general nature.
B- IP-related agreements, which came into force before January 1, 1995.
According to the provisions of Article (2/66) referred to above, the Egyptian legislator has stipulated the right of citizens of all member states of the World Trade Organization to enjoy any advantage or preference of any kind determined under another law for the citizens of any country in the matter of Chapter (1) of Book (2) of the IP Law No. 82/2002 which relates to the trademarks, commercial data, and geographical indicators.
In other words, Egypt shall be committed to applying the principle of national treatment for all citizens of other member states of the Organization by granting them the same benefits enjoyed by its Egyptian nationals and subjecting them to the same obligations.
This commitment came in implementation of the TRIPS Agreement, where Article (3/1) thereof stipulates the principle of that “All member countries are obligated to grant citizens of other member countries a treatment that is no less than the treatment it accords to their citizens regarding the protection of intellectual property”.
It should be noted that the additional grace period for the trademark registration under the TRIPS Agreement for developing and least developed countries concerning the implementation of their obligations does not include the obligation to national treatment and treatment of the most favored nation right. Consequently, all member states shall be obliged to implement their commitment without exception after only one year following the date on which the WTO Agreement comes into force, as of January 1, 1996.