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Legislative Implementation of Flexibilities - Egypt

Title:Articles 17 and 25 of the Law No. 82 of 2002 Pertaining to the Protection of Intellectual Property Rights, Patents of Invention, Utility Models, Layout Designs of Integrated Circuits and Undisclosed Information
Field of IP:Patents
Type of flexibility:Security exceptions
Summary table:PDF

Provisions of Law

Article 17:

The Patent Office shall deliver to the Ministry of Defense, the Ministry of Military Production, the Ministry of Interior or the Ministry of Health, as necessary, copies of the applications for patents pertaining to defense, military production, or public security or patents of military, security or health value; together with the attachments to such application, within ten days after the date of completion of the examination.

The applicant shall be notified in this respect, within seven days from the date of delivery. The Minister of Defense, the Minister of Military Production, the Minister of Interior, or the Minister of Health, as necessary, may oppose against the announcement of the acceptance of the patent application, within ninety days from the date of delivery.

The Competent Minister, as the case requires, may oppose, after announcing the acceptance of the patent application, against proceeding with the issuance of the patent, if it appears to the Minister that the application relates to defense, military production or public security affairs; or that the application has military, security or health value. Opposition shall be lodged within ninety days from the date of publishing the acceptance of the application for Patent in the Patents Gazette.

Oppositions in the above mentioned cases shall result in the stay of procedures of issuing the patent.

Article 25:

The patent of the invention may be expropriated for reasons relating to national security, and in cases of extreme urgency in which compulsory license may not be sufficient to cope with them based upon a decision from the competent Minister - and after the approval of the Ministerial Committee referred to in Article (23) of the law herein.

The expropriation may be limited to the expropriation of the right of the exploitation of the invention for the needs of the State.

In all cases, the expropriation shall be in return of equitable compensation. The estimation of the compensation shall be through the Committee provided for in article (36) of the law herein, and in accordance with the prevalent economic value at the time of issuance of the expropriation decision.

The expropriation decision shall be published in the Patent Gazette. The appeal of the expropriation decision and of the decision of the committee relating to the estimation of the compensation shall be before the Administrative Court, within sixty days from the date of the notification of the interested party with the decision pursuant to a letter delivered by registered mail with a return receipt.

The court shall promptly settle such appeal.

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