Part I - Patents And Utility Models
A patent shall be granted, in accordance with the provisions of this Law, to any industrially applicable invention, which is new, involves an inventive step, whether connected with new industrial products, new industrial processes, or a new application of known industrial processes.
The patent is also granted, independently, for any modification, improvement or addition to a previously patented invention, which meets the criteria of being new, inventive and industrially applicable, as stated in the preceding paragraph; in which case the patent shall be granted, under the provisions of this Law, to the owner of the modification, improvement or addition.
Patents shall not be granted for:
1. Inventions whose exploitation is likely to be contrary to public order or morality, or prejudicial to the environment, human, animal or plant life and health.
2. Discoveries, scientific theories, mathematical methods, programs and schemes.
3. Diagnostic, therapeutic and surgical methods for humans and animals.
4. Plants and animals, regardless of their rarity or peculiarity, and essentially biological processes for the production of plants or animals, other than microorganisms, non-biological and microbiological processes for the production of plants or animals.
5. Organs, tissues, live cells, natural biological substances, nuclear acid and genome.
An invention shall not be considered wholly or partly new:
1. If, before the filing date of the patent application, a patent application has been filed for the same invention or a patent was already issued in or outside Egypt for the invention or part thereof;
2. If, before the filing date of the patent application, the invention was used publicly in or outside Egypt, or the description of which was disclosed in a manner so as a person having expertise in the art is able to exploit it.
According to the provisions of the preceding Article, disclosure shall not include displaying the invention in national or international exhibitions within the six months before the date on which the application was filed.
The Regulations shall specify the conditions and the procedures for the disclosure of a patent.
Without prejudice to the international conventions in force in Egypt, any natural person or legal entity, Egyptian or foreign, belonging to, domiciled or active in a country or an entity that is a member of the World Trade Organization or that applies reciprocity to Egypt, shall have the right to apply for a patent at the Egyptian Patent Office, and enjoy whatever rights derived therefrom, in conformity with the provisions of this Law.
Nationals of all member countries of the World Trade Organization shall benefit from any advantage, preference, privilege or immunity granted by any other law to nationals of any state in connection with the rights provided for in this Chapter, unless such advantage, preference or immunity derives from:
1. Agreements on judicial assistance or agreement on law enforcement of general nature;
2. Agreements in connection with the protection of intellectual property rights which came into force prior to the 1st of January 1995.
The Patent Office shall establish a special register to record patent applications, utility models and all related data, exploitation and application thereof, in conformity with the provisions of this Law, as set out in its Regulations.
The right to the patent shall belong to the inventor or his successor in title.
If two or more persons have jointly made an invention, the right to the patent shall belong to them jointly and equally, unless they have agreed otherwise.
If more than one person have made the same invention independently, the right to the patent shall belong to the person who was first to apply for a patent.
If a person commissions another to make a specific invention, all rights derived from such an invention shall belong the former. Likewise, the employer shall have all the rights derived from the inventions discovered by the worker or the employee during the period of work relationship or employment, insofar as the invention falls within the scope of the work contract, relationship or employment.
The name of the inventor shall be mentioned in the patent, and he shall be remunerated in all cases. If such remuneration was not agreed on, he shall be entitled to a fair compensation from the person who requested the invention, or from the employer.
In cases other than the preceding, where the invention is part of the activities of the public or private establishment to which the inventor is attached, the employer shall have the choice either to exploit the invention, or to acquire the patent against a fair compensation paid to the inventor, provided the choice is made within three months from the date of notifying the grant of the patent.
In all cases, the invention shall be attributed to the inventor.
The application for patent filed by an inventor within one year from the termination of his employment in a private or public establishment, shall be considered as filed during the work or employment contract. Both the inventor and the employer shall be entitled to all the rights stipulated in the preceding article, as appropriate.
Such a period shall extend to three years if the said worker establishes or joins a competing establishment and the invention is the direct result of that worker’s activity and previous experience in the establishment in which he was working.
The protection period a patent shall be 20 years as of the date of filing the application in Egypt.
A patent shall confer on its owner the right to prevent a third party from exploiting the invention by any means.
The right of a patent owner to prevent a third party from importing, using, selling or distributing a product shall lapse when he commercializes the product in any country or authorizes a third party to do so.
The following shall not be considered as infringements of that right when carried out by third parties:
1. Activities carried out for scientific research purposes.
2. Where a third party proceeded, in Egypt, in good faith, with the making of a product or use of a process or made serious preparations for such activities prior to the date of an application for patent by another person for the same product or process. The former shall, notwithstanding the grant of patent, have the right to continue with such activities only within his enterprise and without extending the scope of those activities. Such right shall not be assigned or transferred without the other elements of the enterprise.
3. Indirect uses of the production process, subject of the invention, in order to obtain other products.
4. Use of the invention on a land vehicle, vessel or aircraft belonging to a country or entity member of the World Trade Organization, or a country that applies reciprocity to Egypt, when such a land vehicle, vessel or aircraft is temporarily or accidentally present in Egypt.
5. Where a third party proceeds, during the protection period of a product, with its manufacturing, assembly, use or sale, with a view to obtain a marketing license, provided that the marketing starts after the expiry of such a protection period.
6. Any other acts by third parties, provided that they shall not unreasonably hamper the normal exploitation of the patent, and shall not be unreasonably prejudicial to the legitimate interests of the patent owner, taking into consideration the legitimate interests of others.
A fee shall be paid on filing a patent application. A progressive annual fee shall also be paid as of the second year until the expiration of the patent protection period.
The amount of such fees, to be determined in the Regulations, shall not exceed 2,000 pounds for the initial application or 1,000 pounds for the annual fee.
Cases for the reduction or waiver of these fees shall also be prescribed in the Regulations.
The patent applicant shall pay the fees of experts called upon by the Patent Office as well as examination costs.
The patent application shall be filed by the inventor or his successor in title with the Patent Office, in accordance with the terms and conditions prescribed by the Regulations. An application may not contain more than one invention. A group of inventions so linked as to form an integrated inventive concept shall be considered as one invention.
The patent application shall be accompanied by a detailed description of the invention, including a full statement of the subject matter and of the best way to enable an person of expertise to execute it, and of each product or method for which protection is sought.
The description shall also include in a clear manner the new elements for which the applicant seeks protection accompanied, where necessary, by an illustrative drawing of the invention.
Where the invention involves biological, plant or animal product, or traditional medicinal, agricultural, industrial or handicraft knowledge, cultural or environmental heritage, the inventor should have acquired the sources in a legitimate manner.
Where the invention involves microorganisms, the applicant shall disclose the identity of such organisms and deposit a live culture thereof with the authority designated in the Regulations.
Without prejudice to the provisions of Article 38 of this Law, the applicant shall, in all cases, provide full data and information on any applications relating to the same invention or its subject matter, that he previously filed abroad, as well as the outcome of such applications.
The Regulations shall determine the required annexes to be attached to the patent application, the time limits for their submission and as well as the conditions justifying its refusal.
The Patent Office may, as stipulated in the Regulations, require the applicant to make any amendments or complements which it shall deem necessary to comply with the provisions of Article 13. If the applicant fails to comply within three months of notification, he shall be considered as having withdrawn his application.
The applicant may, within 30 days and in accordance with the conditions stipulated in the Regulations, appeal such request by the Patent Office before the Committee provided for in Article 36.
The applicant may, at any time, before the publication of application acceptance, present a request to amend the description or the drawing of the invention, with an indication as to the nature of and reasons for such an amendment, provided that such amendment shall not effect the substance of the invention. In this connection, the same procedure as that for patent application shall apply.
The Patent Office shall examine the patent application and its annexes in order to ascertain that the invention is new, involves an inventive step and is industrially applicable, in conformity with the provisions of Articles 1, 2 and 3 of this Law.
Where the invention satisfies the aforementioned conditions, and where the conditions provided for in Articles 12 and 13 are fulfilled in the patent application, the Patent Office shall publish the application acceptance, in the Patent Gazette, in the manner prescribed in the Regulations.
Any concerned party may submit to the Patent Office, within 60 days from the publication of the application acceptance in the Patent Gazette, and according to the procedure prescribed by the Regulations, a written notice to oppose the granting the patent, stating the reasons therefor.
Such an opposition shall be subject to the payment of a fee, to be fixed by the Regulations, of not less than 100 pounds and not more than 1,000 pounds, which will be reimbursed in case the opposition is accepted.
Oppositions shall be examined by the Committee established under Article 36, in accordance with the conditions and procedures stipulated in the Regulations.
The Patent Office shall send to the Ministry of Defense, the Ministry of Military Production, the Ministry of Interior or the Ministry of Health, as required, copies of patent applications, with their annexes, that relate to defense, military production, security matters or that have a military, security or health significance, within 10 days from the examination of the application, notifying the applicant thereof within 7 days. The Minister of Defense, the Minister of Military Production, the Minister of Interior or the Minister of Health, as might be the case, may, within 90 days from the date of notification, oppose the publication of the application acceptance.
Where the acceptance of the application is made public, the competent Minister may oppose the procedure to grant a patent within 90 days from the date of the publication, in the Patent Gazette, of the decision to accept the patent application, if it appears that the application relates to defense, military production, security or is of military, security or health significance.
Opposition in the aforementioned cases shall stop the procedure of granting the patent.
A Drug Price Stability Fund, having a legal entity and reporting to the Minister of Health and Population, shall be established to maintain stability in the prices of drugs – other than export drugs – with a view to achieve health development and to guarantee that drug prices are not affected by incidental changes. The organization and resources of the fund shall be determined by a decree to be issued by the President of the Republic. Such resources shall include contributions from donor states and intergovernmental and non-governmental organizations, as agreed by the State.
The grant of a patent is published after one year from the date of filing the application and remains confidential during this period.
The patent is granted by a decision of the competent Minister or his delegated official and shall be published in the Patent Gazette in accordance with the provisions prescribed by the Regulations.
After the publication of the acceptance of the patent application, any person may consult the application and its supporting documents, and any entries thereon in the patent register; and may obtain copies of the above documents against the payment of a fee prescribed by the Regulations, not exceeding 1,000 pounds, and according to the conditions and procedures prescribed therein.
The ownership of a patent may be transferred, wholly or partly, with or without compensation. It may also be subject to mortgage or right of disposal.
Without prejudice to the provisions pertaining to the sale and mortgage of commercial establishments, the ownership of a patent may not be transferred, mortgaged or disposed of to a third party before the date on which such transfer, mortgage or disposal is recorded in the patent register.
The publication of the transfer of ownership, mortgage or usufruct shall be made according to the conditions prescribed by the Regulations.
A creditor may seize patents belonging to his debtor in conformity with the provisions concerning seizure of movable garnished assets. The Patent Office shall be exempt from the provisions relating to the declaration by the garnishee of the amount in his possession due to the garnisher.
The creditor shall notify the Patent Office of the seizure and the results of the public auction to be recorded in the register. The said seizure and results of the public auction shall not be invoked against a third party before the date of its being duly recorded.
The seizure shall be published in the manner prescribed by the Regulations.
The Patent Office may, subject to the approval of a ministerial committee to be established by a decision of the Prime Minister, grant non-voluntary licenses for the exploitation of an invention. The committee decides the financial rights of the patent owner when such licenses are issued, in any of the following cases:
1. Where the competent Minister finds — under the circumstances — that the exploitation of the patent will benefit the following:
* a. Public non-commercial interest. This includes the preservation of national security, health, environment and food safety.
* b. Cases of emergency or circumstances of extreme urgency.A non-voluntary license to counter the conditions mentioned in items 1 and 2 is granted without prior negotiations with the patent owner or after a certain period of negotiations with the patent owner or offering reasonable conditions to acquire his agreement to the exploitation.
* c. Support of national efforts in vital sectors for economic, social and technological development, without unreasonable prejudice to the rights of the patent owner and taking into consideration the legitimate interests of third parties.In cases stated in items 1 and 3, the owner of the patent shall be notified promptly of the decision of non-voluntary exploitation, and as soon as reasonably practicable in cases stated in item 2 .
2. Upon the request of the Minister of Health, when the quantity of patented medicines made available fail to adequately meet the national needs, due to their poor quality or if they are offered at a prohibitive price, or if the patent is related to medicines addressing critical cases, incurable or endemic diseases or products used in the prevention of these diseases, or where the invention is related to the medicines, their manufacturing process, the raw materials necessary for their preparation or the process of manufacturing of those materials.In all these cases, the decision of granting non-voluntary license shall be notified promptly to the owner of the patent.
3. Where the patent owner refuses to grant license to a third party seeking the exploitation of the invention, whatever the purpose of the exploitation, and despite the offer of suitable terms and the lapse of reasonable negotiation time.In this case, the party requesting the non-voluntary license shall provide evidence that he has made serious efforts to obtain a voluntary license from the patent owner.
4. If the owner of the patent fails to exploit the invention in Egypt, himself or through his consent; or if the patent was not sufficiently exploited after the lapse of four years since the date of the application or three years since the grant of the patent, whichever comes later; or if the patent owner suspended, without a valid reason, the exploitation of the patent for more than one year.The exploitation of a patent shall be through the manufacturing of the patented product or the use of the patented process in Egypt.Nevertheless, where the Patent Office finds that, despite the expiration of either of the above mentioned time limits, failure to exploit the invention was due to legal, technical or economic reasons beyond the power of the owner of the patent, it may decide to allow him a sufficient period of grace for the exploitation of the invention.
5. If it is determined that the patent owner has abused of or exercised the rights conferred by the patent in a manner that is contrary to fair competition, such as:
* a. Fixing exorbitant prices for the patented products or preferential treatment of agents with regards to prices and sales conditions.
* b. Failure to supply the local market with the patented product, or supplying it under prohibitive terms.
* c. Stopping the production of the patented item or its production in a disproportionate manner, given the production capacity and the market needs.
* d. Undertaking acts or practices which have adverse effect on the free competition, according to the prescribed legal norms.
* e. Exercising of the rights conferred by the this Law in a manner that adversely affects the transfer of technology.In all above cases, the non-voluntary license is granted without recourse to negotiation or the expiry of a time limit thereto, even if the non-voluntary license is not intended to satisfy the needs of the domestic market.The Patent Office may refuse to terminate the non-voluntary license, where the conditions that called for it are likely to remain or to reoccur.The compensation due to the owner of the patent shall take into account the prejudice caused by his arbitrary or unfair competition practices.The Patent Office may revoke the patent if, two years after the grant of a non-voluntary license, it became clear that the grant of that license was not adequate to remedy the adverse effects caused to the national economy by the r the patent owner’s abuse of his rights or his unfair competition practices.Any concerned party may challenge the revocation of a patent before the Committee provided for in Article 36, and in accordance with the conditions and procedures prescribed in the Regulations.
6. Where the exploitation of an invention by the legitimate patent holder requires inevitably the use of another invention, underlying concrete technical advance as well as technical and economical significance compared to the other, he shall be entitled to obtain a non-voluntary license for the exploitation of the other invention, in which case the other patent holder shall equally have the same right.The licensed exploitation of one patent may not be assigned without the corresponding assignment of the other.
7. The grant of a non-voluntary license in the field of semi-conductor technology shall be authorized for public non-commercial purposes only, or to remedy the consequences of any unfair competition practices.The grant of non-voluntary licenses in the cases provided for in this Article, shall be in accordance with the rules and procedures prescribed in the Regulations.
Where a non-voluntary license is to be issued, the following elements shall be taken into account:
1. A request for the grant of the non-voluntary license shall be considered on the merits of each case. The license shall mainly seek to satisfy the needs of the domestic market.
2. The requesting party shall prove that he has made serious attempts during a reasonable period of time to obtain a voluntary license from the patent holder against fair compensation, and that he failed.
3. The patent owner may, within one month from his notification of the grant of the license, appeal to the Committee provided for in Article 36 and in accordance with the conditions and procedures stipulated by the Regulations, against the decision to grant the non-voluntary license to a third party.
4. The party requesting the grant of a non-voluntary license, or the party to whom a non-voluntary license is granted, must have the capacity to efficiently exploit the invention in Egypt.
5. The licensee must abide by the scope, terms and period prescribed by the decision granting the such a license. The Patent Office may extend the duration of the license if it expires without achieving its purpose.
6. The use of the non-voluntary license shall be limited to the applicant; the Patent Office may however grant it to a third party.
7. The beneficiary shall not assign the rights of a non-voluntary license to a third party except with the enterprise or the part related to the exploitation of the patent.
8. The patent owner shall be entitled to a fair compensation for the exploitation of his invention. The amount of the compensation shall be fixed on the basis of the economic value of the invention. He shall have the right to appeal against the compensation assessment, within 30 days of being notified the decision, before the Committee provided for in Article 36, in accordance with the rules and procedures prescribed by the Regulations.
9. The non-voluntary license shall lapse on the expiry of its duration. Nonetheless, the Patent Office may decide to terminate the non-voluntary license if the reasons which led to its grant cease to exist and are unlikely to reoccur; in which case, the procedure prescribed by the Regulations shall apply.
10. The patent owner may request the termination of the non-voluntary license before its expiry, if the reasons which led to its grant cease to exist and are unlikely to reoccur.
11. Where a non-voluntary license is terminated before its term, the legitimate interests of the licensee shall be taken into account.
12. The non-voluntary license may be terminated or its terms amended by the Patent Office, or upon a request from any interested party, if within two years after the grant of the non-voluntary license, the licensee fails to exploit the subject matter of the license or to meet his obligations as prescribed by the license.
Patents may be expropriated by decision of the competent Minister – subject to the approval of the ministerial committee referred to in Article 23 – on grounds relating to national defense and in cases of emergency which the grant of a non-voluntary license is insufficient to counter.
The expropriation may be limited to the right of exploitation only to satisfy the needs of the State.
In all cases, the expropriation shall be against a fair compensation, to be assessed by the committee provided for in Article 36 and on the basis of the economic value of the patent at the time the expropriation decision is made.
The expropriation decision shall be published in the Patent Gazette. The decision of the expropriation and that of the compensation assessment committee may be appealed before the Administrative Court, within 60 days from the date of notification of the decision to the interested party, by means of a registered letter with acknowledgement of receipt. The Court shall decide on such an appeal expeditiously.
The rights conferred by a patent shall lapse and fall into the public domain under the following conditions:
1. Expiration of the protection period according to Article 9.
2. Relinquishment by the patent holder of his rights without prejudice to the rights of third parties.
3. Final decision taken revoking the patent.
4. Failure to pay, within one year from the due date, the annual fees or the overdue penalty of 7% of the annual fees, after notification of payment according to the procedure prescribed by the Regulations.
5. Where the invention is not exploited in Egypt within two years following the grant of a non-voluntary license and upon a request by any interested party submitted to the Patent Office.
6. Abuse by the patent owner of his rights, where the non-voluntary license is insufficient to remedy that abuse.
Reference to patents whose owners’ rights are terminated according to the previous provisions shall be published in the Patent Gazette, in the manner prescribed by the Regulations.
The Administrative Tribunal shall be competent to consider claims relating to patent decisions.
The Administrative Tribunal may decide, upon request form the Patent Office or an interested party, to add any data to the Register which could have been omitted or to modify any data included therein which is contrary to the fact or to omit any data unlawfully inscribed therein.
The Patent Office, or any interested party, may request the Tribunal to repeal patents granted in violation to Articles 2 and 3. The said Office shall revoke such patents on receipt of a final decision.
A utility model patent shall be granted, under this Law for any new technical addition in the structure or composition of devices, tools, equipment or their components, or products, processes or means of manufacturing the above, and the like that is in current use.
The applicant may convert his application into a patent application, and the patent applicant may also convert his application to a utility model application.
In both cases the date of the original application shall prevail.
The Patent Office may, spontaneously, convert the application for a utility model to an application for a patent, when the relevant requirements are met.
The protection period of a utility model shall be for a non-renewable period of seven years starting from the filing date of the application for the utility model with the Patent Office in Egypt.
A fees shall be payable on filing a utility model application, and a progressive annual fee shall be paid starting from the second year until the expiry of the protection period.
The Regulations of this Law shall fix the amount of such fees, which shall not exceed 1,000 pounds for each application, as well as the conditions for the reduction and waiver of such fees.
Without prejudice to the provisions of Article 10, shall be subject to a fine of not less than 20,000 pounds and not more than 100,000 pounds any party who undertakes:
1. The imitation, for commercialization purposes, of the subject matter of an invention or a utility model for which a patent has been granted in accordance with the provisions of this Law;
2. The sale, offer for sale or circulation, importation or possession with the intention to trade, of products known to that party as imitations, where the patent for the invention or the utility model for such products is granted and valid in Egypt;
3. The unlawful use, on products, advertisements, trademarks, packaging or others, of indications that may lead to believe that such a party has obtained a patent for an invention or a utility model.
Repetition of the offense shall be punishable by imprisonment for a period of no more than two years and by a fine of not less than 40,000 pounds and not more than 200,000 pounds.
In all cases, the court shall order the seizure of the infringing imitated products and the implements used in the imitation. The conviction decision shall be published in one or more daily newspapers, at the expense of the convicted party.
The holder of a patent or a utility model may request the president of the competent court, as may be the case, to order conservatory measures against products or goods that are claimed to imitate a patented product, according to the detailed description established in the patent or utility model document. The necessary conservatory measures shall be ordered to preserve such products and goods in their state.
The aforementioned order may be issued before instituting the proceedings. Such order shall lapse if the proceedings are not instituted within 8 days from the date of the injunction.
The identical product shall be deemed to be obtained by the patented process, if the plaintiff could prove in his civil proceedings:
1. Thaurat...t the identical product was made by the direct use of the patented process; or
2. That he has exerted reasonable efforts to determine the process actually used in the production. In such a case, the court may require the defendant to provide evidence that the identical product was made by a process other than the patented process owned by the plaintiff.
In requiring the production of evidence, the court shall take into account the legitimate interest of the defendant in protecting his manufacturing and business secrets.
The president of the competent court dealing with the merits of the case may, at the request of any interested party and on petition, order one or more of the appropriate conservatory measures to ensure the payment of the decided fines or damages. He may also order destruction of the objects in question, where necessary.
A committee shall be established by decision of the competent minister and shall be empowered to examine appeals against decisions made by the Patent Office in application of the provisions of this Law. The committee shall be composed of a chairman who shall be a consultant at the appeal courts or of a corresponding rank from the judiciary, an assistant consultant of the State Council and three experts as members.
Fees of not more than 500 pounds shall be fixed by the Regulations for appeals brought before the committee.
The committee shall decide on an appeal within 60 days from the date of its filing. The decisions of the committee shall be final.
Apart from revocation requests combined with an order to waive execution, no complaints against decisions of the Patent Office may be brought to court before a decision was taken on the appeal, or within 60 days from filing the appeal if not decided.
The Regulations shall fix the rules of procedure of this Committee.
The decision of the Committee, provided for in Article 36, may be the subject of an appeal by the Patent Office or any interested party before the Administrative Tribunal within 60 days from the date of notification of the Patent Office or the interested party of the decision by registered mail with acknowledgement of receipt. The Tribunal shall decide on the appeal expeditiously.
If a patent application is filed in a country or by an entity member of the World Trade Organization or a country that applies reciprocity to Egypt, the applicant or the successor of his rights may, during the first year following the filing date of the application, file a similar application with the Patent Office in Egypt for the same subject matter and in conformity with terms and conditions provided for in this Law and its Regulations. In this case, for the purpose of determining precedence, the date of the first application in the foreign country shall prevail.
Staff of the Patent Office may not file patent applications personally or an intermediate until at least three years from the date of termination of their employment in the Office.
The provisions applicable to invention patents shall apply to any matter which is not specifically provided for in relation to patents of utility models.
Provisions of this Law shall apply to any application filed with the Patent Office and which has not been granted a patent before the entry into force of this Law. The applicant may amend his application in conformity with the provisions of this Law.
The protection period prescribed by this Law shall apply to any patent not expired on the day of its entry into force, so as to extend the protection period in conformity with the period stipulated in Article 9 of this Law.
The Minister of Justice, in agreement with the competent minister, shall determine the persons empowered with judicial authority to enforce the provisions contained in this Book.
The Patent Office shall receive patent applications with regard to food-related agrochemical products and to pharmaceuticals, and shall maintain such applications, along with applications relating to the same products and filed as of 1st January 1995, pending their examination as of 1st January 2005.
In the case of a patent granted for the inventions relating to the products mentioned in the preceding paragraph, the protection shall begin from the date of granting the patent until the end of the period provided for in Article 9, calculated from the date of application.
Without prejudice to the date set for the examination of patent applications relating to the products mentioned in Article 43, the applicant shall be entitled to request from the competent public authority to be granted exclusive marketing rights for his product in Egypt, provided that:
1. The applicant has submitted an application for this product to the Patent Office in Egypt as of 1st of January 1995;
2. The same product was patented in a country member of the World Trade Organization on the basis of an application submitted in that country as of 1st of January 1995;
3. The applicant has obtained the approval for the circulation of that product in the same country where he was granted the patent as of 1st of January 1995;
4. The applicant has obtained the approval of the competent ministry for the circulation of that product within Egypt;
The Patent Office in Egypt shall grant an exclusive marketing right certificate upon the approval of a ministerial committee established for this purpose by a decision of the Prime Minister.
The exclusive marketing right shall not be granted when it is clear, prima facie, from the papers submitted to the Patent Office to obtain the exclusive marketing right, that the patent application has been filed with the Office was already published one year prior to the date of filing the request.
Where an exclusive marketing rights have been granted by the competent public authority, the applicant shall enjoy such rights for his product until a decision is rendered by the Egyptian Patent Office on the patent application, or for a period of five years as from the date of approval to grant him such rights, whichever comes first.
A previously granted exclusive marketing right shall be revoked by a decision of the competent ministry which has approved the circulation or where the owner of such right abuses its exercise.