Copyright law of Egypt

Last updated
Law on the Protection of Intellectual Property Rights
Hosni Mubarak
Citation Law No. 82 of 2002
Enacted by Hosni Mubarak
Signed2 June 2002
Commenced3 June 2002
Related legislation
Law No. 354 of 1954 (repealed)
Keywords
Patents, trademarks, industrial design, copyright, plant variety rights

Egyptian copyright law [1] has evolved over time. The currently applicable legislation in Egypt with regard to copyright is Book Three of the Law on the Protection of Intellectual Property Rights 82 of 2002 , which entered into force on 3 June 2002, the day following its publication in the Official Gazette. The implementing decree is Prime Ministerial Decree 497 of 2005 (effective by Issue No. 12, Official Gazette, 29 March 2005).

Contents

Legislative texts

Prior to 1954, there was no legislation in Egypt protecting artistic and literary property. [2] Despite the absence of any such legislation, indigenous and mixed courts invoked principles of natural law and justice to protect intellectual property rights. [2] [3] However, indigenous and mixed courts had two different approaches to sanctioning violations. Indigenous courts refused to apply criminal law provisions, on the ground that no criminal responsibility could be determined in the absence of a specific legislative text dealing with artistic and literary property. On the other hand, mixed courts did not wait for implementing regulations to be enacted. In a hearing on 17 February 1941, the Criminal Chamber of Cassation, Mixed Court of Appeal, ruled that performance of a song or musical composition, without the authorization of the author or composer, was considered as an offence punishable under Article 351 of the Penal Law. [2] [4]

Law 354 of 1954

Literary and artistic protection were dealt with for the first time by Egyptian law in 1954, with the promulgation of Law No. 354 of 1954 on the Protection of Copyright. [4] Article 20 of the law provided for a term of protection of 50 years after the author's death, although this was reduced to 15 years from publication in the case of "works of photography and audiovisual works that are not of creative character and merely consist of a mechanical reproduction of scenes." Official documents were explicitly excluded from copyright protection (Art. 4).

Law 82 of 2002

The 1954 law was repealed in its entirety when the new Intellectual Property Law 82 of 2002 entered into force on 3 June 2002. The new law retains many provisions contained in the previous law, notably the 50-year p.m.a. term of copyright protection (Art. 160). However, it also introduces several new concepts, among them the concept of national folklore (Art. 138 & 142). The new law also deals for the first time ever with the protection of neighbouring rights (Art. 153 and following). [5]

However, the new law is not without its critics. The International Intellectual Property Alliance (IIPA) has repeatedly highlighted in its reports a number of shortcomings in the law, stating in its Special 301 Report published in 2009 that "the Copyright Law and the Implementing Decree, while suitable to enforce against copyright piracy in general, left unresolved some TRIPS deficiencies, other ambiguities in protection, and important gaps for protection recommended by IIPA in order to modernize protection." Among the controversial provisions of the law is Article 148, which states that all foreign-language literary works fall into the public domain if they are not translated into Arabic within three years of publication. [6] [7] [8]

In late 2007, reports surfaced in the media that Egypt intended to pass a law requiring the payment of royalties whenever copies were made of its antiquities and monuments. Zahi Hawass, the head of the Supreme Council of Antiquities, told AFP news agency that the law would not affect buildings such as the Luxor Las Vegas hotel because it was not an exact copy of a pyramid and its interior was completely different. [9] BBC News stated that "MPs are expected to pass" the law, although it is unclear whether the proposal ever made it through Parliament. [10]

International agreements

Egypt is a signatory to various international copyright agreements. The Berne Convention entered into force in Egypt on 7 June 1977, [11] and the Phonograms Convention on 23 April 1978. [12] Egypt became a member of the World Trade Organization on 30 June 1995. [13]

Piracy

As early as 1985, Egypt has been targeted by the IIPA. Based on the results of the Special 301 Report (which "examines in detail the adequacy and effectiveness of intellectual property rights" in many countries around the world), the United States Trade Representative (USTR) placed Egypt on the Priority Watch List in 1992. The USTR lowered Egypt to the Watch List in 2008. [14] The problem of piracy is pervasive in Egypt. The IIPA stated in a 2009 report that Egypt is "a nightmare market for right holders, stunted by piracy, difficult bureaucracy, and almost unparalleled market access hurdles." [8] Trade losses due to copyright piracy amounted to nearly $119 million in 2007, with a piracy level of 32% for books and 15% for records and music. [8]

Related Research Articles

Intellectual property Notion of ownership of ideas and processes

Intellectual property (IP) is a category of property that includes intangible creations of the human intellect. There are many types of intellectual property, and some countries recognize more than others. The most well-known types are copyrights, patents, trademarks, and trade secrets. Early precursors to some types of intellectual property existed in societies such as Ancient Rome, but the modern concept of intellectual property developed in England in the 17th and 18th centuries. The term "intellectual property" began to be used in the 19th century, though it was not until the late 20th century that intellectual property became commonplace in the majority of the world's legal systems.

The Berne three-step test is a clause that is included in several international treaties on intellectual property. Signatories of those treaties agree to standardize possible limitations and exceptions to exclusive rights under their respective national copyright laws.

The Association Littéraire et Artistique Internationale (ALAI) was founded in 1878 in Paris. Victor Hugo was the honorary president and founder of the association. The group gave itself the objective of creating an international convention for the protection of writers' and artists' rights, which was achieved eight years later with the Berne Convention on September 9, 1886. It continues to exist today and it is considered one of the premiere international organizations that continues to suggest law reform in connection with the movement for international copyright law.

The International Intellectual Property Alliance (IIPA), formed in 1984, is a private sector coalition of seven trade associations representing U.S. companies that produce copyright-protected material, including computer software, films, television programs, music, books, and journals. It seeks to strengthen international copyright protection and enforcement by working with the U.S. government, foreign governments, and private-sector representatives.

Intellectual property rights (IPRs) have been acknowledged and protected in China since the 1980s. China has acceded to the major international conventions on protection of rights to intellectual property. Domestically, protection of intellectual property law has also been established by government legislation, administrative regulations, and decrees in the areas of trademark, copyright, and patent. This has led to the creation of a comprehensive legal framework to protect both local and foreign intellectual property. Despite this, copyright violations are common in the PRC, The American Chamber of Commerce in China surveyed over 500 of its members doing business in China regarding IPR for its 2016 China Business Climate Survey Report, and found that IPR enforcement is improving, but significant challenges still remain. The results show that the laws in place exceed their actual enforcement, with patent protection receiving the highest approval rate, while protection of trade secrets lags far behind. Many US companies have claimed that the Chinese government has stolen their intellectual property sometime in 2009–2019.

Louis Maurice Adolphe Linant de Bellefonds Explorer and Chief engineer of the Suez Canal

Louis Maurice Adolphe Linant de Bellefonds better known as Linant Pasha was an explorer of Egypt and, as the chief engineer of Egypt's public works, 1831–1869, an influential engineer of the Suez Canal. He is listed as a founder of the Suez Canal Company.

The droit d'auteur developed in the 18th century at the same time as copyright developed in the United Kingdom. Based on the "right of the author" instead of on "copyright", its philosophy and terminology are different from those used in copyright law in common law jurisdictions. It has been very influential in the development of copyright laws in other civil law jurisdictions, and in the development of international copyright law such as the Berne Convention.

The World Intellectual Property Organization's Protection of Broadcasts and Broadcasting Organizations Treaty or the Broadcast Treaty is a proposed treaty designed to afford broadcasters some control and copyright-like control over the content of their broadcasts.

"Author's rights" is a term frequently used in connection with laws about intellectual property.

Copyright Agency (Azerbaijan)

The Copyright Agency of Azerbaijan Republic is a governmental agency within the Cabinet of Azerbaijan in charge of regulation of activities related to protection of copyrights and intellectual property in Azerbaijan Republic. The committee is headed by Kamran Imanov.

The following outline is provided as an overview of and topical guide to intellectual property:

Berne Convention 1886 international copyright treaty adopted by over 170 countries

The Berne Convention for the Protection of Literary and Artistic Works, usually known as the Berne Convention, is an international agreement governing copyright, which was first accepted in Berne, Switzerland, in 1886.

Copyright infringement Intellectual property violation

Copyright infringement is the use of works protected by copyright law without permission for a usage where such permission is required, thereby infringing certain exclusive rights granted to the copyright holder, such as the right to reproduce, distribute, display or perform the protected work, or to make derivative works. The copyright holder is typically the work's creator, or a publisher or other business to whom copyright has been assigned. Copyright holders routinely invoke legal and technological measures to prevent and penalize copyright infringement.

Special 301 Report Annual US report on trade barriers

The Special 301 Report is prepared annually by the Office of the United States Trade Representative (USTR) that identifies trade barriers to United States companies and products due to the intellectual property laws, such as copyright, patents and trademarks, in other countries. By April 30 of each year, the USTR must identify countries which do not provide "adequate and effective" protection of intellectual property rights or "fair and equitable market access to United States persons that rely upon intellectual property rights".

The copyright law of Panama is primarily based on 1994 legislation, known as Law 15. The history of Panamanian intellectual property legislation dates to the 19th century. Only recently has copyright in Panama became seriously enforced, with past international criticism focusing on insufficient effort to enforce intellectual property laws. A new 2012 law has attracted concerns in the opposite direction, with many criticising it for being too draconian.

The Constitution of Azerbaijan generally recognizes the right to intellectual property (IP), and ensures the protection of IP rights of all persons. In order to clarify the norm of Constitution, and establish the legal basis of the protection of intellectual property rights, the parliament of Azerbaijan approved some laws, and ratified international agreements.

Although elements of fashion design copyright may be traced in Europe to as early as the 15th century, as of 2016 most countries fashion design does not have the same protection as other creative works, because apparel are classified as "functional items", excluded from protection by copyright laws. This explains the success of the knockoff businesses to the detriment of both the established labels, as well as of emerging designers, the latter ones being especially damaged, because they rely on relatively few designs.

The Copyright law of El Salvador is legal rights to creative and artistic works under the laws of El Salvador. It was implemented in the Decree No. 604 of the Legislative Assembly of El Salvador on 16 of August 1993. This law aims to protect the economic and moral rights of Salvadoran authors and foreigners residing in El Salvador, granted by the mere fact of creating works that are literary, artistic and scientific.

References

  1. ↑ Yasser OMAR AMINE, "Chronique d'Égypte", Revue Internationale du Droit d'Auteur (RIDA), janvier 2010, n° 223
  2. 1 2 3 Yasser OMAR AMINE, The Forgotten Memory of the History of the Egyptian Copyright Law : the jurist M. Linant de Bellefonds, M. Pupikofer and E. Piola Caselli (La mémoire oubliée de l'histoire du droit d'auteur égyptien : Les juristes M. Linant de Bellefonds, M. Pupikofer et E. Piola Caselli), Publisher Dar El Nahda El Arabia, Cairo, 2014-2015, 602 p. (in Arabic and part in French)
  3. ↑ Yasser OMAR AMINE, "Chronique d'Égypte", RIDA, janv. 2010, n° 223.
  4. 1 2 Dr. Hassan El Badrawi (2004-06-04). Role of the Judiciary in the Enforcement of Intellectual Property Rights (PDF). Advisory Committee on Enforcement: Second Session. WIPO/ACE/2/6. Geneva: World Intellectual Property Organization . Retrieved 2009-08-07.
  5. ↑ Dr. Hassan El Badrawi (2004-12-01). القانون المصري لحماية حقوق الملكية الفكرية: سماته الرئيسية ومدى توافقه والمعايير الدولية [The Egyptian Intellectual Property Law: Main Features and Compatibility with International Standards](PDF). WIPO National Training Workshop on Intellectual Property for Diplomats (in Arabic). WIPO/IP/DIPL/CAI/04/2. Cairo: World Intellectual Property Organization . Retrieved 2009-08-07.
  6. ↑ Yasser OMAR AMINE, « Abrogeons l’article 148 du Code égyptien de la propriété intellectuelle (droit de traduction et droit d’auteur en Égypte) », Communication – commerce électronique, nov. 2011, n° 11, alerte 88, p. 2
  7. ↑ Yasser OMAR AMINE, « Le droit international privé du droit d’auteur en Égypte : à la croisée des chemins », Revue Critique de Droit International Privé, janvier-mars 2013/1, pp. 75-100
  8. 1 2 3 "2009 Special 301 Report: Egypt" (PDF). International Intellectual Property Alliance. 2009-02-17. Archived from the original (PDF) on 3 March 2016. Retrieved 16 August 2009.
  9. ↑ Yasser OMAR AMINE, « Intellectual Property... and the protection of pharaonic monuments », Review of Al-Mejalla, ed. The General Egyptian Book Organization, January 2014, n° 20, p. 7-12 (in Arabic).
  10. ↑ "Egypt 'to copyright antiquities'". BBC News. 2007-12-25. Retrieved 17 August 2009.
  11. ↑ "Berne Convention: Egypt". World Intellectual Property Organization. Archived from the original on 24 September 2009. Retrieved 7 August 2009.
  12. ↑ "Phonograms Convention: Egypt". World Intellectual Property Organization. Archived from the original on 5 June 2011. Retrieved 7 August 2009.
  13. ↑ "Egypt and the WTO". World Trade Organization . Retrieved 7 August 2009.
  14. ↑ "Appendix E: Historical Summary of Selected Countries' Placement for Copyright-Related Matters on the Special 301 Lists" (PDF). 2009 Special 301 Report on Copyright Protection and Enforcement. International Intellectual Property Alliance. 2009-02-17. pp. 15–16. Retrieved 16 August 2009.

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