Intellectual Property (IP) refers to creations of the mind such as inventions, literary works, artistic works, symbols, names, images and designs used in commerce.[1] IP is traditionally divided into two categories:
- Industrial Property which includes trademarks, industrial designs, patents and geographical indications; and
- Copyright which includes literary works (such as novels, poems and plays), films, music, artistic works (e.g., drawings, paintings, photographs and sculptures), software, and architectural design. Rights related to copyright include those of performing artists in their performances, producers of phonograms in their recordings and broadcasters in their radio and television programs.[2]
In order to obtain protection for an industrial property in Egypt, with a few exceptions[3], the creator, or owner, has to register for protection at Government Institutions, one of which is the Trademarks and Industrial Designs Office (TIDO) – which is part of the Internal Trade Development Authority. However, copyright protection is obtained automatically on the fixation of a work without the need for registration or other formalities.
The owners of IP have certain rights, including the ability to authorise and prohibit others from using their IP. In fact, intellectual property rights (IPR) are like any other property rights. They allow the creators, or owners, to benefit from their own work or investment in a creation. These rights are outlined in Article 27 of the Universal Declaration of Human Rights, which provides for the right to benefit from the protection of moral and material interests resulting from authorship of scientific, literary or artistic productions.
Without IPR to reward creativity and encourage innovation it is doubtful whether inventors or creators would have the financial resources or motivation to discover new medicines, such as life-saving cancer drugs, or develop technologies which improve the quality of our lives e.g. mobile phones. Consequently, it is essential governments and law enforcement agencies enforce IPR not only to protect the rights of owners but to facilitate the advancement of society.
There are many types of IP objects protected in Egypt but the most frequently encountered trademarks, industrial designs and copyright:
- Trademarks are signs, including words and logos, which identify brands and enable consumers to distinguish goods and services in the marketplace. Examples of trademarks are the words “Coca Cola” and “Nike”;
- Industrial Designs are used to protect the external appearance of an object; and
- Copyright protects creative works such as literary works, films, music, artistic works, software and architectural design.
Trademarks, industrial designs and copyright can work together to offer protection, as an example:
- A registered trademark protects a car’s name and symbol;
- An industrial design protects the external shape of the car; and
- Copyright protects the car’s software, owner’s manual and even images.
IP protection is time-bound. However, this differs for each IP object. For example, copyright for individually authored works is typically protected for the life of the author plus 50 years. Conversely, trademarks, which are initially protected for 10 years from the time an application is submitted to TIDO, can potentially be protected indefinitely if the owner continues to submit extension applications to TIDO every 10 years.
Link
https://www.wipo.int/edocs/pubdocs/en/wipo_pub_450_2020.pdf
[1] World Intellectual Property Organisations – What is Intellectual Property? www.wipo.int
[2] World Intellectual Property Organisation, What is Intellectual Property, https://www.wipo.int/about-ip/en/
[3] Well-known trademarks are protected without registration, in accordance with Article 6bis of the Paris Convention.