This is an informal case summary prepared for the purposes of facilitating exchange during the 2025 WIPO IP Judges Forum.
Session: Criminal Enforcement
Cairo Economic Court, Egypt [2024]: Georgy Kurasov v Ghada Sherif Mahmoud Waly, Case No. 69
Date of judgment: January 30, 2024
Issuing authority: Cairo Economic Court
Level of the issuing authority: First Instance
Type of procedure: Judicial (Criminal)
Subject matter: Copyright and Related Rights (Neighboring Rights)
Plaintiff: Georgy Kurasov
Defendant: Ghada Sherif Mahmoud Waly
Keywords: Copyright infringement, Moral rights, Pecuniary rights, Reproduction, Originality, Artistic works, WTO/TRIPS protection, Civil compensation.
Basic facts:
The defendant was commissioned to design murals for metro stations in Cairo. She reproduced four paintings of Russian artist Georgy Kurasov without authorization, presenting them as her own. Following media coverage, the murals were removed. Expert reports confirmed the originality of the Russian works and established there was copying. The defendant denied infringement, claiming inspiration from Pharaonic art in cubist style, but this was refuted by experts.
Held: The Court found that both the material and moral elements of copyright infringement were established, namely unlawful reproduction and intentional misappropriation. As a criminal sanction, the defendant was sentenced to six (6) months’ imprisonment with labor, suspended on bail of EGP 10,000, and fined EGP 10,000 for each infringed work (four works in total). In terms of civil liability, the Court ordered the defendant to pay the plaintiff EGP 100,000 as provisional civil damages and held the defendant liable for the costs of the criminal and civil proceedings, including attorneys’ fees.
Relevant holdings in relation to Criminal Enforcement: The Court reaffirmed that copyright protection under Law No. 82/2002 on the Protection of Intellectual Property Rights extends to foreign authors from WTO member states, in this case the Russian Federation. It emphasized that innovation and originality constitute the basis of protection and upheld the perpetual moral right of attribution and integrity of the work. The Court further demonstrated that criminal proceedings and civil damages can be pursued together before the economic courts.
Relevant legislation: Articles 138-140, Article 143, Article 147, Article 181(1/7) of
Law No. 82/2002 on the Protection of Intellectual Property Rights, Article 163 of Civil Code.