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Legal Protection of Intellectual Property Rights (IPR)

Study Topic:

IPR are considered as the cornerstone of any civilization. They form thoughts upon which man depends in the areas of literature, arts and sciences. Creative and modern thought is the motive to advancement and development in all fields of life. But if we say that literature leaves a deep impact in peoples' minds; like all kinds of arts, then we should admit that science - in its broad concept - forms the main pillar of their life. It is by virtue of arts and sciences together that societies raise and flourish.

IPR form an ideological fence having philosophies and goals differing from one country to another. The effects of IPR transcend more than just providing protection for the harvest of creativity in all fields of life. They are considered as well one of the vital mechanisms of realizing economic, technological and cultural development. The issue of IPR provides a number of legislative and procedural frameworks and raises the awareness of the society. The level of protection provided by IPR is determined by the executive governmental and non-governmental agencies' capability to effectuate such frameworks and procedures.

In this regard, the Egyptian legislator's concern to provide protection to all types and forms of thought, elaborates his realization to the cultural significance of IPR protection and the growth and welfare resulting from such protection. Egypt has always occupied an advanced rank in copyright protection according to the principles of natural law and the rules of justice and the same is applied to trademarks. The legislator issued a series of laws –some of which dates back to 1936- covering all the elements of intellectual property, including copyright, trademarks, patents, industrial models and trade names. At the time Egypt joined World Trade Organization (WTO), Law No. (82) Of 1982 was issued on IPR protection with the aim of fulfilling Egypt's commitments derived from the TRIPS Agreement.

In this respect, contemporary security policy has been able to establish an advanced security system coping with the modern age, utilizing developed mechanisms to protect IPR and fight their violators. This is done through exchanging information and data, developing cooperation with competent governmental bodies as well as relevant international and regional organizations, in addition to setting work plans in conformity with the TRIPS Agreement. The mentioned activities are carried out in the framework of the security strategy aiming, in one of its basic axes, at surveying criminal phenomenon, suggesting the necessary research activities to analyze them and devising the security plans necessary for their combat. Supervision of the implementation of the said plans is done in coordination with the Ministry's bodies concerned as well as the governmental & non-governmental bodies and relevant civil society institutions.

Significance of the Study

In the framework of the attention paid by the government to the issue of IPR protection, it developed and updated the related legislations and enacted a single law to protect such rights in conformity with the TRIPS Agreement. IPR represent the most sublime among man’s properties as they are related to the human mind, which is the most precious value. The Ministry of Interior fully realizes the greatness of its tasks concerning the maintenance of legitimacy and protection of the social identity in order to realize the overall development. In this regard, the Ministry has always been keen on fighting all forms of IPR violations in implementation of the rules and principles of the existing legislations and in accordance with Egypt's international commitments.

Study Objectives:

The objectives of this study are as follows:
  • Elaboration of IPR main concepts, their application criteria and basic standards.
  • Enhancement and modernization of the national legislations related to IPR in accordance with the modern trends as well as learning from the experiences of various countries in this regard, in the light of Egypt's obligations as a member to the TRIPS Agreement (1994).
  • Shedding light on the efforts exerted by the government in the area of IPR protection and their consequences on the national level.
  • Promotion of IPR culture among the security bodies.
  • Elaboration of the role played by the Ministry of Interior in the area of IPR protection.
  • Developing security cadres' technical and specialized skills in the area of IPR protection.
  • Formulating a set of rules aiming to enhance cooperation and coordination among all governmental bodies designated with IPR protection, including the security bodies.
Study Plan:

For the purposes of this study, it was divided into four chapters as follows:
  • Chapter One: IPR Protection Basic Principles
  • Chapter Two: The Concept of IPR Legal Protection
  • Three: Consequences of the TRIPS Agreement
  • Chapter Four: The Role of Police in IPR Protection
Recommendations :

  • Enhancement and modernization of the national legislations related to IPR in accordance with the TRIPS Agreement, and the need for the designated governmental bodies to adopt the appropriate legislative measures in that regard.
  • The significance of promoting IPR culture with the aim to establish a solid concept about them. This is done through: the inclusion of IPR as a subject of study into the different educational stages, organizing informative campaigns addressed to the citizens to introduce the positive aspects of IPR protection in general and software protection in particular, which benefits them and provides support to the process of development and progress in the society.
  • Supporting scientific and technological research as well as conducting joint and comparative studies and researches in order to identify the modern trends and learn from the experiences of the developed countries in the field of IPR protection in general and software protection in particular.
  • Developing the technical and specialized skills of cadres working at the governmental bodies designated with IPR. This is done through: organizing specialized and advanced training courses and participating in scientific forums as well as regional and international conferences in order to identify and utilize the international directives in that regard.
  • Cadres concerned should possess negotiation abilities to be well-experienced negotiators intended to play a vital role relating to Egypt's IPR issues.
  • Intensifying well-planned and concurrent police campaigns with the aim of combating all forms of violations committed against IPR.
  • Activating aspects of cooperation among the governmental bodies concerned with IPR protection in general and software protection in particular. This is done through: considering the establishment of a mechanism concerned with enforcing IPR Law, coordinating between the relevant bodies as well as elaborating the government's efforts exerted on the national, regional and international levels.