Is Custom Recordalof Intellectual Property Rights (IPRs) available in Egypt?
Is Custom Recordal of IPRs compulsory in Egypt?
Is it an effective measure to stop the infiltration of illegal and counterfeit products in Egypt?
Which law forms the legal basis for Custom Recordal of IPRs (Border Control Measures) in Egypt?
The Executive Regulations of the Import and Export Law 118 (1975)
Is Custom Recordal of IPRs effective on import or export of goods or both?
Custom Recordal of IPRs is effective only on the import of goods.
What is the role of the customs department/authority? (Kindly give 2-3 points)
The role of the customs authority is to identify the consignment carrying infringing goods.
Is there a procedure to record IP with the customs department/authority? If yes, then kindly explain it in brief.
A formal registration before the customs authority is not available in Egypt, despite the Executive Regulations of the Import and Export Law 118 (1975), which restricts the import of products that infringe IP rights and the procedures available to the rights holders to stop and prevent infringing shipments from entering the country. However, it is possible to seek IP protection and fight counterfeits by means of an informal registration by addressing a letter to the customs authority requesting to enter a mark in the watch list for monitoring possible counterfeit consignments accompanied by relevant documents.
What documents are to be submitted along with the application for Custom Recordal of IPRs?
An application letter needs to be addressed to the customs authority. The letter should contain all information about the possible local distributors, the country of export, and the usual ports of arrival in Egypt. It is then the rights holder's responsibility to have detailed knowledge of the incoming products (for instance, the port of origin, shipment number, name of the vessel, name of consignee, and the date of arrival of shipment at the port), which will make the customs authority alert to possible infringement and help them identify and seize the shipment, if necessary. Without this information, infringing products can and do enter the country unchecked. This letter should be accompanied by a certified copy of the registration certificate of the trademark in Egypt and a power of attorney legalized before an Egyptian consulate.
Is the applicant required to execute a bond (against all liabilities and to bear the costs towards destruction, demurrage, and detention charges incurred till the time of destruction or disposal) with the customs department/authority for Custom Recordal of IPRs?
What is the time frame for the customs department/authority to notify the applicants whether their application (for custom recordal of IPRs) is registered or rejected?
There is no fixed timeframe.
Does the customs department/authority have a centralized system or the Custom Recordal is required to be done with each port of entry in Egypt by land, sea, and air?
Yes, it is centralized.
Is there an online system for Custom Recordal in Egypt?
What is the official fee for Custom Recordal in Egypt?
There is no such official fee as it is an informal method of registration.
What is the term of Custom Recordal of IPRs? Can it be further renewed?
There is no fixed term. It is based on the consignment schedule on which the imports are to cross the customs scrutiny. Therefore, for each consignment a separate informal registration procedure is to be carried out.
Does the customs department/authority have a right to conduct raids and seize the counterfeit goods within Egypt?
In which scenario does the customs department/authority suspend the clearance of imported goods?
It may be through suo motu action or after receiving an informal registration request.
Who bears the liabilities and expenses related to suspension of the release of infringing goods?
The applicant bears the liabilities and expenses related to suspension of the release of infringing goods.
Is the IP rights holder authorized to examine the goods, the clearance of which has been suspended?
Is the IP rights holder authorized to request the information about the personal details of the importer and additional crucial piece of information concerning the consignment, which has been suspended from clearance?
Can the importer or the authorized representative of the goods, which have been suspended from clearance, request the information of the IP rights holder in question?
Within what timeframe the IP rights holder needs to confirm whether the goods are counterfeit or original after suspension?
Within a period of 15 days
Is the IP rights holder required to produce an injunction order or evidence of court proceedings to detain the goods?
If the answer to the above question is 'Yes,' then what is the deadline to do so?
Does the IP rights holder need to pay an additional bond for the detention of goods?
If the answer to the above question is 'Yes,' then to what extent and how is the valuation calculated?
A monetary guarantee equivalent to 25% of the shipment’s value is required; this amount is reimbursed if a judgment is rendered in the complainant’s favour.
In the scenario where the goods detained or seized are found to be infringing the IPRs of the IP rights holder in question, what steps does the customs department/authority take?
In this scenario, the authorities intimate the rights holder after which a civil suit is required to be filed.
Does the customs authority invite the rights holder and importer to join the proceedings? Are there any consequences of failure to join such proceeding, if any?
Before disposal/destruction of infringing goods, does the rights holder need to submit a ‘no objection’ or concurrence document?
Are there any disadvantages of Custom Recordal of IPRs in Egypt? If yes, then kindly give 2-3 points?
There is no formal registration.
If an IP rights holder is not satisfied with the action taken by the customs department/authority, can he/she initiate separate legal proceedings to enforce his/her IP rights?
To establish if the goods are counterfeit before the court of justice, will the affidavit by the IP rights holder suffice or any other documentary requirement is there?
Upon conclusion of proceedings before the Court of Justice, what are the possible remedies awarded by the court?
Is the rights holder under an obligation to inform customs authority when his Intellectual Property Right ceases to be valid/ he ceases to be the owner of such IPR?