Infringement of a Registered Trademark
Article No. (113) – Egyptian Intellectual Property Law No. 82 of 2002
Without prejudice to any stricter penalty under any other law, anyone who commits one of the following crimes shall be punishable by imprisonment for not less than two months and a fine of not less than five thousand pounds and not more than twenty thousand pounds, or by either of these two penalties:
- Counterfeiting a legally registered trademark or imitating it in a manner likely to mislead the public
- Maliciously using a forged or imitated trademark
- Maliciously affixing another person’s trademark to their own products
- Selling, offering for sale, trading, or possessing—with intent to sell or trade—products bearing a forged or imitated trademark or a mark placed without the right to do so, with knowledge of such infringement
In case of recurrence, the penalty shall be:
- Imprisonment for a period of not less than two months
- A fine of not less than ten thousand pounds and not exceeding fifty thousand pounds
In all cases, the court shall order the confiscation of:
- The products of the crime
- The proceeds or items obtained from them
- The tools used in committing the crime
Article (115) – Egyptian Intellectual Property Law No. 82 of 2002
Upon conviction, the court may order the closure of the facility used by the convicted person in committing the crime for a period not exceeding six months. Closure is mandatory in the case of recurrence.
Precautionary Measures – Article (115)
The president of the court competent to hear the dispute may, based on the request of any concerned party and by virtue of an order based on a petition, order one or more appropriate precautionary measures, in particular:
- To prove the occurrence of the infringement on the protected right
- To conduct an inventory and detailed description of:
- Machines and tools used or that have been used in committing the crime
- Products or goods
- Addresses of stores
- Covers
- Invoices
- Correspondence
- Advertising materials
- Any other items bearing the mark, statement, or geographic indication related to the crime
- This also includes goods imported from abroad upon their arrival
Underline the items mentioned in Clause (2).
In all cases, the President of the Court may order the appointment of one or more experts to assist the executor and may impose an appropriate guarantee on the applicant.
The applicant must refer the original dispute to the competent court within fifteen days from the date of the order, otherwise all effects of the order shall cease.
Unfair Competition
Article (66) – Egyptian Trade Law No. 17 of 1999
Unfair competition is considered any act that violates accepted norms and principles of commercial transactions. This includes, in particular:
- Infringement on others’ trademarks, trade names, patents, or industrial secrets
- Inciting store employees to disclose store secrets or to leave their jobs
- Any act or allegation that would cause confusion in a store or its products
- Acts that weaken confidence in the store owner or undermine trust in those managing it or its products
Every act of unfair competition obliges the perpetrator to compensate for the resulting damage. In addition to compensation, the court may order the removal of the damage and the publication of a summary of the judgment at the expense of the convicted party in one of the daily newspapers.
Cancellation of Trademark Registration
Article (65) – Egyptian Intellectual Property Law No. 82 of 2002
Whoever registers a trademark becomes its owner, provided that it is used within five years of registration, unless it is proven that the priority of use was for someone else. Those who were the first to use the trademark have the right to challenge the invalidity of the registration during the five mentioned years. However, challenging the invalidity of the trademark registration is permissible without any time constraints if the registration is associated with bad faith.
Required Documents to Initiate Legal Proceedings
To protect your rights and initiate legal action, please provide the following:
- The company’s commercial registry (CR)
- An official general power of attorney (POA)