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).
Law on the Protection of Intellectual Property Rights
Prior to 1954, there was no legislation in Egypt protecting artistic and literary property.[2][3] Despite the absence of any such legislation, indigenous and mixed courts invoked principles of natural law and justice to protect intellectual property rights.[2][4] 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][5]
Law 354 of 1954edit
Arabic Wikisource has original text related to this article:
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.[5] 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 2002edit
Wikisource has original text related to this article:
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The 1954 law was repealed in its entirety when the new Intellectual Property Law 82 of 2002 entered into force on 3 June 2002.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).[6]
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.[7][8][9]
Proposal to copyright antiquitiesedit
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.[10]BBC News stated that "MPs are expected to pass" the law, although it is unclear whether the proposal ever made it through Parliament.[11]
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.[15] 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."[9] 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.[9]
Referencesedit
^Yasser OMAR AMINE, "Chronique d'Égypte", Revue Internationale du Droit d'Auteur (RIDA), janvier 2010, n° 223
^ abcYasser 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)
^Koepfle, Leo (January 1937). Copyright Protection Throughout the World Part VII Near East, Far East, Africa, Asia, Surinam and Curacao. US Department of Commerce. p. 9.
^ abDr. Hassan El Badrawi (2004-06-04). Role of the Judiciary in the Enforcement of Intellectual Property Rights(PDF). Advisory Committee on Enforcement: Second Session. Vol. WIPO/ACE/2/6. Geneva: World Intellectual Property Organization. Retrieved 2009-08-07.
^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). Vol. WIPO/IP/DIPL/CAI/04/2. Cairo: World Intellectual Property Organization. Retrieved 2009-08-07.
^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
^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
^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).
^"Egypt 'to copyright antiquities'". BBC News. 2007-12-25. Retrieved 17 August 2009.
^"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.
Further readingedit
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).
External linksedit
Wikimedia Commons has media related to Copyright law of Egypt.
. Archived from the original on 22 September 2020. Retrieved 16 August 2009.
copyright, egypt, egyptian, copyright, evolved, over, time, currently, applicable, legislation, egypt, with, regard, copyright, book, three, protection, intellectual, property, rights, 2002, which, entered, into, force, june, 2002, following, publication, offi. 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 Law on the Protection of Intellectual Property RightsHosni MubarakCitationLaw No 82 of 2002Enacted byHosni MubarakSigned2 June 2002Commenced3 June 2002Related legislationLaw No 354 of 1954 repealed KeywordsPatents trademarks industrial design copyright plant variety rights Contents 1 Legislative texts 1 1 Law 354 of 1954 1 2 Law 82 of 2002 1 3 Proposal to copyright antiquities 2 International agreements 3 Piracy 4 References 5 Further reading 6 External linksLegislative texts editPrior to 1954 there was no legislation in Egypt protecting artistic and literary property 2 3 Despite the absence of any such legislation indigenous and mixed courts invoked principles of natural law and justice to protect intellectual property rights 2 4 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 5 Law 354 of 1954 edit nbsp Arabic Wikisource has original text related to this article 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 5 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 edit nbsp Wikisource has original text related to this article 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 amp 142 The new law also deals for the first time ever with the protection of neighbouring rights Art 153 and following 6 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 7 8 9 Proposal to copyright antiquities edit 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 10 BBC News stated that MPs are expected to pass the law although it is unclear whether the proposal ever made it through Parliament 11 International agreements editEgypt is a signatory to various international copyright agreements The Berne Convention entered into force in Egypt on 7 June 1977 12 and the Phonograms Convention on 23 April 1978 13 Egypt became a member of the World Trade Organization on 30 June 1995 14 Piracy editAs 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 15 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 9 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 9 References edit Yasser OMAR AMINE Chronique d Egypte Revue Internationale du Droit d Auteur RIDA janvier 2010 n 223 a b c 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 memoire oubliee de l histoire du droit d auteur egyptien 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 Koepfle Leo January 1937 Copyright Protection Throughout the World Part VII Near East Far East Africa Asia Surinam and Curacao US Department of Commerce p 9 Yasser OMAR AMINE Chronique d Egypte RIDA janv 2010 n 223 a b 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 Vol WIPO ACE 2 6 Geneva World Intellectual Property Organization Retrieved 2009 08 07 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 Vol WIPO IP DIPL CAI 04 2 Cairo World Intellectual Property Organization Retrieved 2009 08 07 Yasser OMAR AMINE Abrogeons l article 148 du Code egyptien de la propriete intellectuelle droit de traduction et droit d auteur en Egypte Communication commerce electronique nov 2011 n 11 alerte 88 p 2 Yasser OMAR AMINE Le droit international prive du droit d auteur en Egypte a la croisee des chemins Revue Critique de Droit International Prive janvier mars 2013 1 pp 75 100 a b c 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 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 Egypt to copyright antiquities BBC News 2007 12 25 Retrieved 17 August 2009 Berne Convention Egypt World Intellectual Property Organization Archived from the original on 24 September 2009 Retrieved 7 August 2009 Phonograms Convention Egypt World Intellectual Property Organization Archived from the original on 5 June 2011 Retrieved 7 August 2009 Egypt and the WTO World Trade Organization Retrieved 7 August 2009 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 Further reading editYasser 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 memoire oubliee de l histoire du droit d auteur egyptien 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 External links edit nbsp Wikimedia Commons has media related to Copyright law of Egypt Website of the Egyptian Center for Intellectual Property and Information Technology ECIPIT Archived from the original on 22 September 2020 Retrieved 16 August 2009 Excerpts from the IIPA s Special 301 Recommendations for Egypt International Intellectual Property Alliance Archived from the original on 3 March 2016 Retrieved 16 August 2009 Retrieved from https en wikipedia org w index php title Copyright law of Egypt amp oldid 1191402311, wikipedia, wiki, book, books, library,
