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Transcription:

TAG-Legal tag-legal.com

IN THIS BOOKLET Trademarks Service Marks Well-Known Trademark Copyright Related Rights Patent Industrial Design Geographical Indicator Plant Variety Trade Secrets Integrated Circuits 2 5 8 11 14 16 19 22 25 27 29 1

2 Trademarks What is a trademark? A trademark is any visually perceptible sign distinguishing goods, whether products or services, if used, or meant to be used, to distinguish the products of a particular industry, agricultural, forest or mining venture or any goods, or to indicate the origin of the products or goods, or their quality, category, guarantee and preparation process. What rights does trademark protection give me? The owner of a registered trademark shall have the exclusive right to prevent all third parties, not having the owner s consent; from using the same in the course of trade identical or similar signs for goods which are identical or similar to those in respect of which the trademark is registered where such use would result in a likelihood of confusion. How can I protect my trademark? A trademark can be protected by registering the same before the Egyptian Trademark Office and by using the trademark in the Egyptian markets. To which official authorities should I go to register my trademark? The Egyptian Trademark Office. How long does my trademark protection last? The period of protection conferred by the registration of the mark is 10 years, renewable for an identical period or periods upon the request of its owner and every time within the last year of the protection period, against payment of the fees due to the initial registration application. Who can apply for trademark protection? Any natural person or legal entity, Egyptian or foreign, belonging to or having the center of his or its effective activity in a country or entity member in the World Trade Organization or who applies reciprocity to Egypt, shall have the right to apply for the registration of his/her trademark with the Department of Trade Registry in Egypt, with all attendant rights in conformity with the provisions of the IPR Law. To which official authorities should I go to protect my trademarks in case of infringement? The Egyptian Economic Court is the competent court with respect to infringements of Intellectual Property Rights (IPRs). Also, the Administrative Court is competent in some cases related to Intellectual Property Rights. What actions are considered an infringement of trademarks? According to Articles (113) and (114) of the Egyptian Intellectual Property Law No. 82/2002, any person who commits any of the following actions will be accused of infringing trademarks: 1. Counterfeiting a trademark registered in accordance with the law, or imitating it in a manner which is likely to mislead the public; 2. Fraudulently using counterfeit or imitated trademarks; 3. Fraudulently affixing to her/his products a trademark that belongs to a third party; 4. Knowingly selling, offering for sale or distribute, or acquiring for the purpose of sale, products bearing a counterfeit or imitated mark, or on which the mark was unlawfully affixed.

5. Affixing a false trade indication to his products, on or inside his/her shops or warehouses, on signboards, packaging, invoices, correspondence, advertisements or any other means used for offering the products to the public; 6. Fraudulently placing on his/her marks or commercial documents an indication that leads to believe that such mark has been registered; 7. Using a mark that has not been registered, in some cases which are mentioned in the IPR Law. 8. Mentioning medals, diplomas, awards or other honorary distinctions of any kind whatsoever, in relation to the products in respect of which such distinctions do not apply, or in relation to the persons or commercial names who did not acquire them; 9. Participating with others in exhibiting products and using for his/her own private products the distinctions granted to the jointly exhibited products, unless he/she indicates in a clear manner the source and nature of such distinctions; 10. Affixing on the products of his own trade, in a place especially reputed for the production of a certain product, geographical indications in such a manner as to mislead the public to believe that those products were produced in that place; 11. Using any means for the designation or exhibition of products in a manner that may mislead the public as to the production of these goods in a geographical place especially reputed rather than the real place of origin of such products; 12. Manufacturing a product in a place especially reputed for its production and who affixes a geographical indication on similar products he produces in other places in such a way as to suggest that such goods were produced in the said place. If an infringement of my trademark occurs, what are the legal actions I can take? The anti-infringement courses of action according to the Egyptian laws can be either a criminal course of action or a civil course of action as follows: A. If a person has protected his trademark by a valid registration and a third party infringes the trademark, this person shall have the right to resort to the criminal course of action. B. While in case a person does not have a valid registration, however, uses the trademark in the Egyptian market and any third party infringes the said trademark, this person has the right to resort to the civil course of action which shall be either a cancellation action lawsuit or/and unfair competition lawsuit. 3 Do I have to use the trademark in order to protect it? Yes, a trademark must be used because according to Article 91 of the Egyptian Intellectual Property Law No. 82/2002; the competent court may, upon request of any interested party, issue an enforceable decision to cancel the registration of the said trademark if it appears to the court that the mark has not been seriously used for a period of five consecutive years. Do I need to register the trademark in order to protect it? Yes, it s preferable. However, the trademark can be protected also by using it in the Egyptian markets.

4 What are the conditions for protecting my trademark? For a trademark to be protected, it must meet the following conditions: 1. The trademark shall have a distinctive character and nature 2. The trademark shall be visually perceptible 3. The trademark shall not be contradicting to public order or morality. 4. The trademark shall not be public armorial bearings, flags and other emblems pertaining to the State or any other state, regional or international organizations, as well as any imitations thereof. 5. The trademark shall not be marks which are identical with, or similar to, symbols of religious character. 6. The trademark shall not be symbols of the Red Cross or Red Crescent, or any other emblem of the same character, as well as any imitations thereof. 7. The trademark shall not be a portrait of an individual or his armorial bearings, except with his consent. 8. The trademark shall not be designations of honorary degrees which the applicant is unable to prove his right thereto. 9. The trademark shall not be marks and geographical indications which are likely to mislead or confuse the public or which contain false descriptions as to the origin of products, whether goods or services, or their other qualities, as well as the signs that contain an indication of a fictitious, imitated or forged trade name. What are the international agreements governing trademark protection that Egypt has signed? The Agreement on Trade-Related Aspects of Intellectual Property Rights (TRIPS), Paris Convention and Madrid Agreement.

Service Marks What is a service mark? A service mark is any sign distinguishing services, and includes in particular names represented in a distinctive manner, signatures, words, letters, numerals, designs, symbols, signposts, stamps, seals, drawings, engravings, a combination of distinctly formed colors and any other combination of these elements if used, or meant to be used, to indicate the provision of any service. What rights does service marks protection give me? The owner of a registered service mark shall have the exclusive right to prevent all third parties not having the owner s consent; from using, in the course of trade identical or similar signs; for services which are identical or similar to those in respect of which the trademark is registered where such use would result in a likelihood of confusion. How can I protect my service marks? A service mark can be protected either by registering the same before the Egyptian Trademark Office and by using it in the Egyptian markets. To which official authorities should I go to register my service mark? The Egyptian Trademark Office. How long does my service mark protection last? The period of protection conferred by the registration of the mark is 10 years, renewable for an identical period or periods upon request of its owner and every time within the last year of the protection period, against payment of the fees due to the initial registration application. Who can apply for service mark protection? Any natural person or legal entity, Egyptian or foreign, belonging to or having the center of his or its effective activity in a country or entity member in the World Trade Organization or who applies reciprocity to Egypt, shall have the right to apply for the registration of a service mark with the Department of Trade Registry in Egypt, with all attendant rights in conformity with the provisions of the IPR Law. 5 To which official authorities should I go to protect my service marks in case of infringement? The Egyptian Economic Court is the competent court with respect to infringements of Intellectual Property Rights (IPRs). Also, the Administrative Court is competent in some cases related to IPRs. What actions are considered an infringement of service marks? According to Articles (113) and (114) of the Egyptian Intellectual Property Law No. 82/2002, any person who commits any of the following actions will be accused of infringing service marks: 1. Counterfeiting a service mark registered in accordance with the Law; or imitating it in a manner which is likely to mislead the public;

6 2. Fraudulently using counterfeit or imitated service marks; 3. Fraudulently affixing to her/his services a mark that belongs to a third party; 4. Knowingly selling, offering for sale or distribute, or acquiring for the purpose of sale, products bearing a counterfeit or imitated mark, or on which the mark was unlawfully affixed. 5. Affixing a false trade indication to his/ her products, on or inside his/her shops or warehouses, on signboards, packaging, invoices, correspondences, advertisements or any other means used for offering the services to the public; 6. Fraudulently placing on his/her marks or commercial documents an indication that leads to believe that such mark has been registered; 7. Using a mark that has not been registered, in some cases as stated by the IPRs law. 8. Mentioning medals, diplomas, awards or other honorary distinctions of any kind whatsoever, in relation to the products in respect of which such distinctions do not apply, or in relation to the persons or commercial names who did not acquire them; 9. Participating with others in exhibiting services and using for his/her own private services the distinctions granted to the jointly exhibited services, unless he/she indicates in a clear manner the source and nature of such distinctions; 10. Affixing on the products of his own trade, in a place especially reputed for the production of a certain product, geographical indications in such a manner as to mislead the public to believe that those services were produced in that place; 11. Using any means for the designation or exhibition of services in a manner that may mislead the public as to the production of those services in a geographical place especially reputed rather than the real place of origin of such services; 12. Manufacturing a product in a place especially reputed for its production and who affixes a geographical indication on similar products he/ she produces in other places in such a way as to suggest that such services were produced in the said place. If an infringement of my service mark occurs, what are the legal actions I can take? The anti-infringement courses of action according to the Egyptian laws can be either a criminal course of action or a civil course of action accordingly: A. If a person has protected his service mark by a valid registration and a third party infringes this mark, this person shall have the right to resort to the criminal course of action. B. In case a person does not have a valid registration, however; uses the service mark in the Egyptian market and a third party infringes the said mark, this person has the right to resort to the civil course of action which shall be either a cancellation action lawsuit or/and unfair competition lawsuit.

Do I have to use the service mark in order to protect it? Yes, a service mark must be used; as according to Article 91 of the Egyptian Intellectual Property Law No. 82/2002; the competent court may, upon request of any interested party, issue an enforceable decision to cancel the registration if it appears to the court that the mark has not been seriously used for a period of five consecutive years. Do I need to register the service mark in order to protect it? Yes, it s preferable. However, the service mark can be protected also by using it in the Egyptian markets. What are the conditions for protecting my service mark? For a service mark to be protected, it must meet the following conditions: 1. The service mark shall have a distinctive character and nature 2. The service mark shall be visually perceptible 3. The service mark shall not be contradicting to public order or morality. 4. The service mark shall not be public armorial bearings, flags and other emblems pertaining to the State or any other state, regional or international organizations, as well as any imitations thereof. 5. The service mark shall not be marks which are identical with, or similar to, symbols of a religious character. 6. The service mark shall not be symbols of the Red Cross or Red Crescent, or any other emblem of the same character, as well as any imitations thereof. 7. The service mark shall not be the portrait of an individual or his armorial bearings, except with his consent. 8. The service mark shall not be designations of honorary degrees which the applicant is unable to prove his right thereto. 9. The service mark shall not be marks and geographical indications which are likely to mislead or confuse the public or which contain false descriptions as to the origin of products, whether services, or their other qualities, as well as the signs that contain an indication of a fictitious, imitated or forged service name. 7 What are the international agreements governing service mark protection that Egypt has signed? The Agreement on Trade-Related Aspects of Intellectual Property Rights (TRIPS), Paris Convention, and Madrid Agreement.

Well-Known Trademarks 8 What is a well-known trademark? A well-known trademark is the one that enjoys fame not only worldwide but also in Egypt and shall be considered by the competent authority as a famous trademark. When does a trademark evolve into a well-known trademark? The Egyptian IPRs law does not contain the criteria encompassed in TRIPS Agreement (Art. 16 (2)) that can assist in determining the concept of a wellknown mark. In determining whether a trademark is well-known, WTO Members are required to take account of the knowledge of the trademark in the relevant sector of the public (i.e. Public repute), including knowledge obtained as a result of the promotion of the trademark (i.e. Advertising). What rights does protection of well-known trademarks give me? The owner of a well-known trademark worldwide and in Egypt; shall enjoy the protection conferred by the Law No. 82/2002 even if such a mark is not registered in Egypt. Accordingly, the owner of a well-known trademark shall have the exclusive right to prevent all third parties, not having the owner s consent; from using in the course of trade identical or similar signs for goods which are identical or similar to those in respect of which the trademark is registered where such use would result in a likelihood of confusion. To which official authorities should I go to register my well-known trademarks? Egyptian Trademark Office. How long does my well-known trademark protection last? The period of protection conferred by the registration of the mark is 10 years, renewable for an identical period or periods upon request of its owner and every time within the last year of the protection period, against payment of the fees due for the initial registration application. Who can apply for well-known trademark protection? The owner of the trademark, or any authorized person or legal entity. To which official authorities should I go to protect my well-known trademarks in case of infringement? The Egyptian Economic Court is the competent court with respect to infringements of the Intellectual Property Rights. Also, the Administrative Court is competent with some cases related to Intellectual Property Rights. What actions are considered an infringement of well-known trademarks? According to Articles (113) and (114) of the Egyptian Intellectual Property Law No. 82/2002, any person who commits any of the following actions will be accused of infringing trademarks: 1. Counterfeiting a trademark registered in accordance with the law or imitating it in a manner which is likely to mislead the public; 2. Fraudulently using counterfeit or imitated trademarks;

3. Fraudulently affixing to her/his products a trademark that belongs to a third party; 4. Knowingly selling, offering for sale or distribute, or acquiring for the purpose of sale, products bearing a counterfeit or imitated mark, or on which the mark was unlawfully affixed. 5. Affixing a false trade indication to his/her products, on or inside his/her shops or warehouses, on signboards, packaging, invoices, correspondences, advertisements or any other means used for offering the products to the public; 6. Fraudulently placing on his/her marks or commercial documents an indication that leads to believe that such mark has been registered; 7. Using a mark that has not been registered, in some cases as stated by the IPRs law. 8. Mentioning medals, diplomas, awards or other honorary distinctions of any kind whatsoever, in relation to the products in respect of which such distinctions do not apply, or in relation to the persons or commercial names who did not acquire them; 9. Participating with others in exhibiting products and uses for his/her own private products the distinctions granted to the jointly exhibited products, unless he/she indicates in a clear manner the source and nature of such distinctions; 10. Affixing on the products of his own trade, in a place especially reputed for the production of a certain product, geographical indications in such a manner as to mislead the public to believe that those products were produced in that place; 11. Using any means for the designation or exhibition of products in a manner that may mislead the public as to the production of those goods in a geographical place especially reputed rather than the real place of origin of such products; 12. Manufacturing a product in a place especially reputed for its production and who affixes a geographical indication on similar products he produces in other places in such a way as to suggest that such goods were produced in the said place. If an infringement of my well-known trademarks occurs, what are the legal actions I can take? The anti-infringement courses of action according to the Egyptian laws can be either a criminal course of action or a civil course action as follows: A. If a person has protected his trademark by a valid registration and a third party infringes the trademark, this person shall have the right to resort to a criminal course of action. B. In case a person does not have a valid registration, however; uses the trademark in the Egyptian market and any third party infringes the said trademark, this person has the right to resort to the civil course of action which shall be either a cancellation action lawsuit or/and unfair competition lawsuit. 9 Do I have to use the well-known trademarks in order to protect it? Yes, as a trademark becomes well-known due to its intensive use worldwide as well as in the Egyptian market. Do I need to register the well-known trademark in order to protect it? Registration is not required for protection of well-known trademarks, however; it s preferable to register the same to obtain criminal protection.

10 What are the conditions for protecting my wellknown trademarks? For a well-known trademark to be protected, it must meet the following conditions: 1. The trademark shall enjoy fame worldwide as well as in the Egyptian markets. 2. The trademark shall have a distinctive character and nature 3. The trademark shall be visually perceptible 4. The trademark shall not be contradicting to public order or morality. 5. The trademark shall not be public armorial bearings, flags and other emblems pertaining to the State or any other state, regional or international organizations, as well as any imitations thereof. 6. The trademark shall not be marks which are identical with, or similar to, symbols of religious character. 7. The trademark shall not be symbols of the Red Cross or Red Crescent, or any other emblem of the same character, as well as any imitations thereof. 8. The trademark shall not be the portrait of an individual or his armorial bearings, except with his consent. 9. The trademark shall not be designations of honorary degrees which the applicant is unable to prove his right thereto. 10. The trademark shall not be marks and geographical indications which are likely to mislead or confuse the public or which contain false descriptions as to the origin of products, whether goods or services, or their other qualities, as well as the signs that contain an indication of a fictitious, imitated or forged trade name. What are the international agreements governing well-known trademark protection that Egypt has signed? Paris Convention for the Protection of Industrial Property TRIPS Agreement Madrid Agreement Concerning the International Registration of Marks Trademark Law Treaty WIPO Joint Recommendation Protection of a Well-Known Trademarks

Copyrights What is a copyright? Copyright is the right under which the author s work is protected against unauthorized copying or modification. Copyright protects work of authorship, such as literary works, dramatic works, musical works, audiovisual works or works of visual art. The right also extends to any created literary, artistic or scientific product, whatever its type, mode of expression, significance or purpose of its creation and it shall enjoy the creative nature that confers originality on the work. What rights do copyrights give me? There are two types of rights granted under copyright; the economic right which allows the rights owner to derive financial reward from the use of his works by others; and the moral right which is the right to claim authorship of a work, and oppose changes to the work that could harm the creator s reputation. According to the Egyptian IPRs Law No. 82/2002, the author and his universal successor(s) shall enjoy over the work perpetual imprescriptibly and inalienable moral rights. Such rights shall include the following: 1. The right to make the work available to the public for the first time. 2. The right to claim authorship; 3. The right to prevent any modification considered by the author as distortion or mutilation of the work. Modification in the course of translation shall not be considered as an infringement unless the translator fails to indicate deletion or changes or if he causes prejudice to the reputation and status of the author. The author and his universal successor(s) shall have the exclusive right to authorize or prevent any form of exploitation of his work, particularly through reproduction, broadcasting, re-broadcasting, public performance, public communication, translation, adaptation, rental, lending or making the work available to the public in any manner, including through computers, internet, information networks, communication networks and other means. 11 Meanwhile, the right to prevent third parties from importing, using, selling or distributing his protected work, shall lapse where the copyright owner undertakes to exploit or market his work in any state or authorize a third party to do so. As for the economic rights, the author shall enjoy the following rights as stipulated by the law: A. The author shall have the right to transfer to a third party all or some of his economic rights stated in competent Law. Such a transfer shall be certified in writing and contain an explicit and detailed indication of each right to be transferred with the extent and purpose of the transfer in addition to the duration and place of exploitation B. The author shall have the right to receive monetary or symbolic return, as he deems fair, for transmitting any of his rights to another party for exploiting the work financially; to be considered as an estimated share of the resulting income of this exploitation. The author may also sign a lump sum based contract, or combine both.

12 The protection of an author s copyright and the translation rights of his work into another language shall lapse with regards to the translation of that work into the Arabic language, unless the author or the translator himself exercises this right directly or through a third party within three years of the date of first publication of the original or translated work. The author shall be the owner of all economic rights other than what he has explicitly assigned. Authorization by the author to exploit any of the economic rights relating to a work shall not mean authorization to exploit other economic rights relating to the same work. How can I protect my copyrights? Copyrights can be protected either by registration or publication. To which official authorities should I go to register my copyright? 1- Ministry of Information. 2- Ministry of Culture. How long does my copyright protection last? According to Article 160 of the Egyptian IPRs Law, the copyright is protected for the lifetime of the author and fifty years after his/her death. It is worth mentioning that the economic rights relating to works of a joint authorship shall be protected throughout the lives of all co-authors in addition to 50 years from the death of the last survivor. Also, where the copyright holder is a legal entity, the economic rights relating to authors of collective works, other than authors of works of applied art, shall be protected for 50 years from the date on which the work was published or made available to the public for the first time, whichever comes first. While if the copyright holder is a natural person, the protection period shall be calculated as stipulated in the IPRs law. Who can apply for copyright protection? The author (i.e. the person who created the work) or the authorized person/legal entity can apply for copyright protection. To which official authorities should I go to protect my copyright in case of infringement? The Egyptian Economic Court is the competent court with respect to infringements of Intellectual Property Rights. What actions are considered an infringement of copyrights? Any copying without obtaining the author s permission is infringement. Copyright infringement involves two basic cases. The First situation is when a person uses all or part of the work of another person without obtaining prior permission. The second occurs when a person appropriates a work and adapts it in some manner without obtaining prior permission. According to Article 181 of the Egyptian IPRs Law No. 82/2002, any person who commits any of the following acts is an infringer: 1. Selling, renting or putting in circulation under any form, a work, a sound recording or a broadcast program protected under this Law, without a prior written authorization from the author or the owner of the related right;

2. Knowingly imitating, selling, or offering for sale, circulation or rental; a work, a sound recording or a broadcast program; 3. Knowingly imitating within the country, selling, offering for sale or circulation, renting or exporting to a foreign country a work, a sound recording or a broadcast program published in a foreign country; 4. Disseminating through computer networks, Internet, information networks, communication networks and other means of technology a work, a sound recording, a broadcast program or a performance protected under this Law, without a prior written authorization from the author or the owner of the related right; 5. Manufacturing, assembling or importing for the purpose of sale or rent any device, tool or implement especially designed or made to circumvent a technical protection means, such as encryptions or the like, used by the author or the owner of the related right; 6. Removing, neutralizing or disabling, in bad faith, any technical protection device used by the author or the owner of the related rights; 7. Infringing any of the moral or economic copyrights or related rights provided for in this Law. If an infringement of my copyright occurs, what are the legal actions I can take? If an infringement of a copyright occurs, a cease and desist letter shall be served against the infringer. Then, a complaint shall be filed before the Ministry of Culture. Finally, a lawsuit shall be filed before the Egyptian Economic Court. Do I need to register my copyright in order to protect it? No, it is not required for protection. What are the conditions for protecting my copyright? The condition necessary for protecting copyrights is the existence of the creative nature that confers originality on the work created by the author. Copyrights protection shall extend to expressions and not to ideas, procedures, and methods of operation or mathematical concepts as such. 13 What are the international agreements governing copyright protection that Egypt has signed? Berne Convention and TRIPS Agreement.

14 Related Rights What is a related right? Related rights (also called neighboring rights) protect the rights of performers, producers of phonograms (sound recordings), and broadcasting organizations. What rights do related rights give me? Performers: are granted a wide range of exclusive economic rights, namely; the right to: i) communicate their performance to the public and to authorize the making available to the public, or the renting or lending of the original fixation or copies of their performances; ii) to prevent any exploitation of their performances, in any manner, without their prior written authorization; iii) to rent or lend the original or copies of their performances for the purpose of achieving direct or indirect commercial profit, regardless of the ownership of the original or rented copies; and iv) to make available to the public a recorded performance through broadcasting or via computers or other methods in such a way to enable reception by the individual at any time or place. Producers of phonograms (sound recordings): are granted a variety of exclusive economic rights that include their right to prevent, without their prior written authorization, any exploitation of their recordings in any manner. Prohibited activities of exploitation include, in particular, the reproduction, renting, or broadcasting of such recordings, or the act of making them available via computers or any other means. Producers of sound recording also enjoy the right to make a sound recording available to the public via wired or wireless means or via computers or any other means. Broadcasting organizations: are granted the following exclusive economic rights: i) The right to authorize the exploitation of their recordings; and ii) The right to prevent any communication to the public, without their prior written authorization, of the television recordings of their programs. The acts of recording these programs, making copies, selling, renting, rebroadcasting or communicating them to the public through any means, including the removal or destruction of any technical protection of such programs by coding or other means shall in particular be considered a prohibited exploitation. To which official authorities should I go to register my related rights? Ministry of Information. How long does my related rights protection last? Performers: According to Article (166) of the Egyptian IPRs Law, the protection of performers rights will last until the end of a term of 50 years calculated from the date on which the performance or the recording took place, as may be the case. Producers of sound recordings (phonograms): According to Article (167) of the Egyptian IPRs Law, the term of protection for producers of sound recordings is to last for a period of 50 years calculated from the date on which the recording was made or was made public, whichever is longer.

Broadcasting organizations: According to Article (168) of the Egyptian IPRs Law, the broadcasting organizations will enjoy an exclusive economic right to exploit their programs, for a period of 20 years calculated from the date the program was broadcasted for the first time. Who can apply for related right protection? Related rights protection shall be granted as follows: Rights of Performers: shall be granted to persons who act, sing, deliver, declaim, play, dance or otherwise perform, including expressions of folklore, in literary or artistic works protected by the provisions of the law or belonging to the public domain. Rights of Producers of sound recordings: shall be granted to a natural person who, or a legal entity which, first fixes sounds for any work or performance for a performer, other than fixing of sounds on images in preparing an audiovisual work. Rights of broadcasting organizations: shall be granted to any sound or audiovisual transmission, by wireless means for public reception, of a work, performance, sound recording or recording of a work or a performance, including transmission by satellite If an infringement of my related rights occurs, what are the legal actions I can take? If an infringement of a related right occurs, a cease and desist letter shall be served against the infringer. Then, a complaint shall be filed before the competent ministry. Finally, a lawsuit shall be filed before the Egyptian Economic Court. What are the international agreements governing related right protection that Egypt has signed? Berne Convention and TRIPS Agreement. 15 General Note: For more information about the legal protection of related rights, please refer to the Copyright section of this guide as the same legal provisions of copyright protection apply on Related Rights protection.

16 Patents What is a patent? A patent is a government grant of exclusive rights (i.e. monopoly) for an invention for a limited period of time. What rights do patents give me? According to the Egyptian IPRs Law No. 82/2002, the patentee is granted exclusive rights to exploit the invention by any means. Meanwhile, TRIPS Agreement has set out, under Article 28, all the rights conferred by a patent. These rights differ depending on whether the patent is granted for a product or a process as follows: A. Patents relating to a product confer on its owner the exclusive right to prevent third parties not having his consent from making, using, offering for sale, selling, or importing for those purposes that product. B. While if a patent is granted for a process, a patent shall confer on its owner the exclusive right to prevent third parties not having the owner s consent from the act of using the process, and from the acts of using, offering for sale, selling, or importing for these purposes at least the product obtained directly by that process. C. Patent owners shall also have the right to assign, transfer by succession, the patent and to conclude licensing contracts. How can I protect my patents? Registration is required before the Patent Office for protection of your invention as a patent according to the Egyptian IPRs Law. It is worth mentioning that an application may not contain more than one invention, while a group of inventions which are 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 a 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. To which official authorities should I go to register my patent? The Egyptian Patent Office. How long does my patent protection last? The protection period of a patent shall extend to 20 years as of the date of filing the application in Egypt. Who can apply for patent protection? The patent application shall be filed by the inventor, or his successor(s), in title with the Patent Office, in accordance with the terms and conditions prescribed by the Regulations of the Egyptian IPRs Law.

It is worth mentioning that 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 granted rights, 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 January 1, 1995. To which official authorities should I go to protect my patents? The Egyptian Patent Office. What actions are considered an infringement of patents? 1. The imitation, for commercial purposes, of the subject matter of an invention for which a patent has been granted in accordance with the provisions of the Egyptian IPRs 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 for such products is granted and valid in Egypt; 3. The unlawful use, of products, advertisements, trademarks, packaging or others, of indications that may lead to believe that such a party has obtained a patent for an invention. If an infringement of my patent occurs, what are the legal actions I can take? In case of infringement, a cease and desist letter can be served to the infringer warning him against using the inventor s patent and explaining their criminal and civil responsibilities. If the infringer did not comply with the said letter within one week, a complaint shall be filed then. 17 The complaint shall be filed before the Patent Office located at the Academy of Scientific Research and Technology. The grounds of the complaint will be based on the act of imitation of the inventor s patent. After investigating the infringement case, the Patent Office will transfer its report to the Public Prosecution Office. After taking the necessary investigations by the competent public prosecutor, the infringer will be accused under the charge of imitating the inventor s patent, and the case file will be transferred accordingly to the Misdemeanor Court at the Egyptian Economic Court. The patentee shall has the right as well to resort to the civil course of action in order to claim compensation. It is worth mentioning that according to Article (35) of the Egyptian IPRs Law, 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.

Do I have to use the patented invention in order to protect it? Yes, because if the patented invention had not been used after being granted the protection; the Patent Office may, subject to the approval of a ministerial committee, which is to be established by a decision of the Prime Minister, grant a compulsory license for exploiting the said invention, where the committee will also decide regarding the financial rights of the patent owner when such a license is issued, in the following case: A. If the owner of the patent fails to exploit his invention in Egypt, himself or through his consent; B. 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; C. If the patent owner suspended, without a valid reason, the exploitation of the patent for more than one year. Do I need to register the patent in order to protect it? Yes, a patent shall be filed and registered in order to be protected. What are the conditions for patentability? A patent shall be granted, in accordance with the Provisions of the Egyptian IP law, to an invention if it meets the following conditions: 1. If the invention is industrially applicable, 2. If it is new (i.e. novel), 3. If it involves an inventive step, whether connected with new industrial products, new industrial processes, or a new application of known industrial processes. What are the international agreements governing patent protection that Egypt has signed? Patent Cooperation Treaty (PCT). Paris Convention. TRIPS Agreement. The exploitation of a patent shall be through the manufacturing of the patented product or the use of the patented process in Egypt. 18 Nevertheless, if the Patent Office finds that the failure to exploit the invention, in any of the abovementioned cases, was due to legal, technical or economic reasons beyond the power of the patent s owner, it may provide him with a sufficient period of grace to exploit the invention.

Industrial design What is an industrial design? An industrial design is any composition of lines or any three-dimensional form, whether or not associated with colors, provided that such composition or form gives a special appearance of novelty and is industrially applicable. What rights does protection of industrial designs give me? TRIPS Agreement stipulates, under Article 26(1), that the owner of a protected industrial design shall have the exclusive right to prevent third parties from making, selling or importing articles bearing or embodying a design which is a copy, or a substantial copy, of the protected design; as long as the said parties do not have the owner s consent and such acts are undertaken for commercial purposes, Under Article 127 (1) of the new IPRs Law, the owner shall have, upon registration of a design, an exclusive right to prevent third parties from the use, manufacture, sale or import of the products bearing or incorporating the protected design. However, the owner shall be prevented from exercising the above-mentioned rights if he has authorized third parties to do any of the above-stated acts, or these acts have been undertaken for non-commercial purposes, such as the reproducing of such a design for private use. How can I protect my industrial designs? An immediate protection is granted once the industrial design is registered in Egypt. To which official authorities should I go to register my industrial design? The Egyptian Trademark and Design Office. 19 How long does my industrial design protection last? The protection conferred by the registration of an industrial design shall be for a period of ten years as from the date of filing the registration application in Egypt. The protection shall be extended for a further period of five years, when the owner of the industrial design applies for renewal within the last year of the protection period, and in the manner prescribed by the Regulations of the IP Law. The owner may, however, apply for renewal of the registration, within three months after the expiry of the protection period, failing which the Department shall automatically revoke the registration. Who can apply for industrial design protection? The Industrial Design application shall be filed by the owner or his successor in title with the Egyptian Trademark and Industrial Design Office, in accordance with the terms and conditions prescribed by the Regulations of the Egyptian IP law.

20 It is worth mentioning that according to Article 123 of the Egyptian IPRs Law, the staff working in the Trade Registry Department may not file industrial designs applications, on their own behalf or by an intermediary, until at least three years have elapsed from the date of termination of their employment in the Department. To which official authorities should I go to protect my industrial designs in case of infringement? The Egyptian Economic Court is the competent court with respect to infringements of Intellectual Property Rights. What actions are considered an infringement of industrial designs? 1. Imitating a protected industrial design registered according to the Provisions of the Egyptian IP law; 2. Knowingly manufacturing, selling, offering for sale, or acquiring for trade or circulation, products bearing imitated industrial designs; 3. Unlawfully affixing on products, advertisements, trademarks, certain implements or the like, indications that may lead to believe that such a person has registered an industrial design. If an infringement of my industrial design occurs, what are the legal actions I can take? 1. Serve a cease and desist letter to the infringer warning him/her against using the industrial design and explaining their criminal and civil responsibilities. If the infringer did not comply with the said letter within one week, the following procedures should be taken. 2. Filing a complaint before the Infringement Department which is a part of the Ministry of Industry and Trade. The grounds of the complaint will be based on the fact that the infringer is imitating the industrial design. After investigating the infringement case and making raids by the said entity, it will transfer its report regarding the matter to the Public Prosecution Office. 3. After the necessary investigations are held by the competent public prosecutor, the infringer will be accused under the charge of imitating the industrial design and the file will be transferred on the Misdemeanor Court located in the Egyptian Economic Court. Do I have to use the industrial design in order to protect it? An industrial design must not be used before registration as according to Article 120 of the Egyptian IPRs Law, If the industrial design was disclosed to the public by means of a description or by use, prior to the filling of the registration, the same will lose its novelty, hence, it cannot be protected by registration as it will lack the condition of novelty.

Do I need to register the industrial design in order to protect it? Yes What are the conditions for protecting my industrial design? The conditions of protecting an industrial design are as follows: 1. Novelty (i.e. the industrial design shall be new or original). 2. Industrially applicable 3. Registerable under the IPRs law. It is worth mentioning that according to Article 124 of the Egyptian IPRs Law, the following industrial designs shall not be registered: 1. Designs whose shape is basically due to the technical or functional requirements of the product. 2. Designs that include emblems, religious symbols, stamps or flags of Egypt or other states, or the use of which may undermine public order or offend public morality. 3. Designs which are identical, similar or closely resemble a registered trade mark or a well-known mark. What are the international agreements governing industrial design protection that Egypt has signed? - Paris Convention for the Protection of Industrial Property. - Geneva Act of the Hague Agreement Concerning the International Registration of Industrial Designs - TRIPS Agreement 21

Geographical Indicator 22 What is a geographical indicator? A geographical indicator is where a geographical origin has become descriptive of the quality, reputation or other characteristics of a certain product so as to be largely instrumental in its marketing, such geographical indications shall be used to indicate the place of origin of such goods in a district or part in a country member in the World Trade Organization or a country according to Egypt reciprocity. What rights does geographical indicators protection give me? The protection of a geographical indication provides the legal means for interested parties to prevent the use of any means in the designation or presentation of a good that indicates or suggests that the good in question originates in a geographical area other than the true place of origin in a manner which misleads the public as to the geographical origin of the good; or where such use constitutes an act of unfair competition. How can I protect my geographical indicators? Geographical indicators can be protected through registration and continuous production, by the applicant, of the products in the reputed geographical area. To which official authorities should I go to register a geographical indicator? The Egyptian Trademark Office. How long does geographical indicator protection last? The Egyptian IP Law does not stipulate a specific date. However, the same duration for trademarks protection is applicable to geographical indications, which is 10 years. Who can apply for geographical indicator protection? The applicant who produces the products continuously in the reputed geographical area can apply for the geographical indicator protection. It is worth mentioning that the protection in the country of origin is required to protect such indications. According to the Egyptian IPRs Law, any natural person or legal entity, Egyptian or foreigner, belong to or have the center of his/her or its effective activity in a country or entity member in the World Trade Organization or who applies reciprocity to Egypt, shall have the right to apply for the registration with the Department of Trade. 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, unless such advantage, preference or immunity derives from: 1. Agreements on judicial assistance or agreements on law enforcement of general nature; 2. Agreements in connection with the protection of Intellectual Property Rights which came into force prior to January 1, 1995.

To which official authorities should I go to protect my geographical indicators in case of infringement? The Egyptian Economic Court is the competent court with respect to infringements of Intellectual Property Rights. What actions are considered an infringement of geographical indicators? In accordance with the Egyptian IP Law, it is not permissible: 1. For any person, at an especially famous area in the production of a good; to place on the products in which he trades geographical indicators in a manner that misleads the public by suggesting that they originated in that famous area; 2. To use any means in the designation or presentation of a good that misleadingly indicates or suggests to the public that the good in question originated in a geographical area other than the true place of origin; and 3. For a manufacturer/producer of a good in an especially famous area in the production of that good; to use a geographical indicators on similar products produced by him in other areas, in a manner that indicates or suggests that these products have originated in the said famous area. The Egyptian IPRs Law has further stipulated that the following actions are considered as an infringement of geographical indicators under Articles 114 which reads as follows: 1. Affixing a false trade indication to his products, on or inside his shops or warehouses, on signboards, packaging, invoices, correspondences, advertisements or any other means used for offering the products to the public; 2. Fraudulently placing on his marks or commercial documents an indication that leads to believe that such mark has been registered; 3. Using a mark that has not been registered, in some cases as stated by the law. 4. Mentioning medals, diplomas, awards or other honorary distinctions of any kind whatsoever, in relation to the products in respect of which such distinctions do not apply, or in relation to the persons or commercial names who did not acquire them; 5. Participating with others in exhibiting products and using for his own private products the distinctions granted to the jointly exhibited products, unless he indicates in a clear manner the source and nature of such distinctions; 6. Affixing on the products of his own trade, in a place especially reputed for the production of a certain product, geographical indications in such a manner as to mislead the public to believe that those products were produced in that place; 7. Using any means for the designation or exhibition of products in a manner that may mislead the public as to the production of those goods in a geographical place especially reputed rather than the real place of origin of such products; 8. Manufacturing a product in a place especially reputed for its production and who affixes a geographical indication on similar products he produces in other places in such a way as to suggest that such goods were produced in the said place. 23

If an infringement of a geographical indicator occurs, what are the legal actions I can take? If an infringement occurs to a protected geographical indicator, a cease and desist letter shall be served against the infringer. Then, a complaint can be filed before the Infringement Department which is part of the Ministry of Industry and Trade. Finally, after the necessary investigations are held by the competent public prosecutor, the infringer will be accused under the charge of infringing a geographical indicator and the file will be transferred on the Misdemeanor Court located in the Egyptian Economic Court. Do I have to use the geographical indicator in order to protect it? Yes. Do I need to register the geographical indicator in order to protect it? Yes. What are the conditions for protecting a geographical indicator? The registration of a trademark including a geographical indication, requires the continuous production of the products, by the applicant, in the reputed geographical area. What are the international agreements governing geographical indicator protection that Egypt has signed? Paris Convention Berne conventions. TRIPS Agreement 24

Plant Varieties What is a plant variety? Plant variety means a plant grouping within a single botanical taxon of the lowest known rank, which grouping, irrespective of whether the conditions of granting the breeder s right are fully met, can be defined by the expression of the characteristics resulting from a given genotype or combination of genotypes, distinguished from any other plant grouping by the expression of at least one of the said characteristics and considered as a unit with regard to its suitability for being propagated unchanged; According to the Article 189 from the Egyptian IP Law, the protection is granted to plant varieties, derived inside or outside Egypt, whether developed through biological or non-biological means. What rights does plant varieties protection give me? According to the Egyptian IPRs Law No. 82/2002, the holder of the breeder s right certificate enjoys an exclusive right to commercially exploit the protected variety by any means. This right prevents third parties who have not obtained a written consent from the breeder to produce, propagate, circulate, sell, market, import or export the propagation materials. Meanwhile, the right holder enjoys only certain rights in relation to the propagation materials, meaning that this exclusive right does not extend to the harvested materials nor to derivative varieties. Under the UPOV (International Convention For The Protection of New Varieties of Plants), the right conferred on a proprietor of a plant breeder s right applies, in addition to propagating materials, to harvested material obtained through the unauthorized use of propagating material of the protected variety. Also, according to UPOV, plant breeder s rights extend to essentially derived and certain other varieties. How can I protect my plant varieties? A plant variety can be protected by registering the same before the Office of Plant Variety Protection. 25 To which official authorities should I go to register my plant variety? The Office of Plant Varieties Protection. How long does plant variety protection last? The term of protection for plant varieties shall be 25 years for trees and vines and 20 years for other crops; which shall run from the date of the grant. Nevertheless, a variety, for which a breeder s right is requested, shall be granted a temporary protection starting from the date of filing the application and expires on the date of publication of the grant of the title. During this period, the breeder s right as stipulated in Article 194, shall be limited to a fair compensation as soon as such protection is granted, provided that the breeder has notified his application to the party that has been exploiting the plant variety prior to granting the protection. Who can apply for plant variety protection? According to the Article 191 from the Egyptian IP Law, any natural person or legal entity, Egyptian or foreign, belonging to, domiciled or active in a country or entity that is member of the World Trade Organization or treats Egypt on reciprocal basis, shall have the right to protection of plant varieties as prescribed in the law.

To which official authorities should I go to protect my plant varieties in case of infringement? The Office of Plant Variety Protection. What actions are considered an infringement of plant varieties? An infringement of a protected plant varieties occurs, for example, when a third party produce, propagate, circulate, sell, market, import or export the propagation materials without obtaining the breeder s consent. According to the Egyptian IPRs Law No. 82/2002, any deliberate violation of Provisions of plant varieties protection is to be punishable by a monetary fine, while in case of repeating the same offence, the punishment will be imprisonment in addition to the monetary fine. In all cases the seized seeds and propagating materials are to be confiscated. If an infringement of my plant variety occurs, what are the legal actions I can take? A cease and desist letter shall be served against the infringer followed by a complaint and then filing a lawsuit before the Misdemeanor court located in the Egyptian Economic Court. Do I have to use the plant variety in order to protect it? In order to be able to protect the plant variety by registration, the applicant must not sell or transmit it to a third party before registration; so that the plant variety doesn t lose its novelty. However, the plant variety won t lose novelty if it is exposed or circulated in Egypt for more than one year prior to the effective date of filing, while outside Egypt, the period shall not exceed six years in case of trees and vines and four years for other crops. Do I need to register the plant variety in order to protect it? Yes. What are the conditions for protecting my plant variety? According to the Article 192 of the Egyptian IP Law, the plant variety must be new, distinct, uniform, and stable. It shall be subject of a denomination as well in order to be protected by the said law. What are the international agreements governing plant variety protection that Egypt has signed? UPOV International Convention for the Protection of New Varieties of Plants. 26

Trade Secrets What is a trade secret? Trade Secrets which are also referred to as undisclosed information shall be interpreted broadly to include and cover all kinds of data, such as formulas, patterns, methods, techniques or processes, and any tangible object embodying those things (and the) protection should extend generally to the knowledge itself, and any formal embodiment of that knowledge. In other words, any type of information that is related to trade in its broadest meaning can be protected under the Egyptian IPRs Law No. 82/2002 as undisclosed information so long as the legal requirements are fulfilled. What rights does trade secrets protection give me? Under the new IPRs Law, the legal owner of the undisclosed information is accorded certain rights including the right to prevent others from infringing such information by performing any act that is contrary to the honest commercial practices. How can I protect my trade secrets? According to Article (55) of the Egyptian IPRs Law, the undisclosed information shall be protected under the Provisions of this Law if they meet the following criteria: 1. If the information is confidential, in the sense that it is not, as a body or in the precise configuration or assembly of its components, generally known or common among those involved in the industrial art within the scope of which the information falls, 2. If the information has commercial value because it is confidential. 3. If the information depends on the effective measures taken by the person lawfully in control of it, to keep it confidential. How long does trade secret protection last? According to Article 56 of the Egyptian IPRs Law, the undisclosed information shall be protected from the date of its submission to the competent authorities until it is no longer confidential, or for a period not exceeding five years, whichever comes first. 27 Who can apply for trade secret protection? The owner of the trade secret is to apply for its protection. To which official authorities should I go to protect my trade secrets in case of infringement? The Egyptian Economic Court is the competent court with respect to disclosure of the trade secret. What actions are considered an infringement of trade secrets? The following acts shall be deemed, in particular, to be contrary to fair commercial practices, and to constitute acts of unfair competition: 1. Bribery to acquire the information from employees working at the establishment which owns the information. 2. Incitement of employees to disclose information acquired by virtue of their employment. 3. Disclosure by a party in confidential information contracts of information thus acquired. 4. Acquisition of information, from the place where it is preserved, through illicit means, such as theft, espionage or the like. 5. Acquisition of information through fraudulent means. 6. Use of information acquired by any of the previous means by a third party aware of its being confidential and that it was acquired by one of the above means.

These actions shall be deemed to constitute an act of infringement of an undisclosed information, the consequences of the stated acts by way of disclosing, acquiring or using such information by a third party without being authorized by the lawful owner. If an infringement of my trade secret occurs, what are the legal actions I can take? Criminal and civil actions could be taken against infringement acts. In addition, Article 61 of the Egyptian IP Law stipulates that: Without prejudice to any more severe punishment stipulated under any other law, any person who uses an illegal means to disclose information protected by the provisions of this Law, acquires or uses such an information while aware of its confidentiality and that it was acquired by such illegal means, shall be punishable by a fine of not less than 10,000 pounds and not more than 50,000 pounds. In case of repetition, the punishment shall be an imprisonment for a period of not more than two years and a fine of not less than 50,000 pounds and not more than 100,000 pounds. Do I have to use the trade secret in order to protect it? No What are the international agreements governing trade secret protection that Egypt has signed? Paris Convention and TRIPS Agreement 28

Integrated Circuits What is an integrated circuit? An integrated circuit is a product, in its final form or an intermediate form, in which the elements, at least one of which is an active element, and some or all of the interconnections are integrally formed on a piece of isolating material and which is intended to perform a specific electronic function. A layout design is the three dimensional disposition prepared for an integrated circuit intended for manufacturing. What rights does protection of integrated circuits give me? Protection of integrated circuits shall prevent any natural person or legal entity from performing any of the following acts without a prior written authorization from the right owner of the protected layout design: 1. Reproducing, whether by incorporation in an integrated circuit or otherwise, the whole or any part of the protected layout design. 2. Importation, sale or distribution of the layout design for the purpose of trade, whether separately, as part of an integrated circuit or as a component of a product. How can I protect my integrated circuits? Integrated circuits are protected by registering the same before the Egyptian Patent Office. To which official authorities should I go to register my integrated circuit? The Egyptian Patent Office. How long does integrated circuit protection last? According to Article 48 of the Egyptian IPRs Law No. 82/2002, the protection period of a layout design shall be ten years from the date of filing the application for the registration in Egypt, or ten years from the date when it was first commercially exploited in Egypt or abroad, whichever comes first 29 In all cases, the protection of a layout design shall cease 15 years from the date of its creation. Who can apply for integrated circuits protection? Any natural or juridical person, either Egyptian or foreigner belonging or having the actual and effective place of business in one of the states or entities that are member of the World Trade Organization, or that treat Egypt on reciprocal basis, shall have the right to apply before the Registration Department in A.R.E for registration of integrated circuits and shall be entitled to any of the resulting rights pursuant to the provisions of the law. With regard to the rights provided for by the law, any advantage, favor, privilege or immunity granted to nationals of any State, under any other law, shall be accorded immediately to all nationals of all member States of the World Trade Organization. Exempted from this obligation are any advantage, favor, privilege or immunity originating from the following: 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 January 1, 1995.

To which official authorities should I go to protect my integrated circuits in case of infringement? The Egyptian Economic Court is the competent court with respect to infringements of Intellectual Property Rights. What actions are considered an infringement of integrated circuits? Infringement of the integrated circuits occurs if the following acts are performed without prior authorization from the owner: 1. Reproduction, whether by incorporation in an integrated circuit or otherwise, the whole or any part of the protected layout design. 2. Importation, sale or distribution of the layout design for the purpose of trade, whether separately, as part of an integrated circuit or as a component of a product. If an infringement of my integrated circuit occurs, what are the legal actions I can take? A cease and desist letter shall be served against the infringer followed by a complaint and then filing a lawsuit before the Misdemeanor court located in the Egyptian Economic Court. Do I need to register the integrated circuit in order to protect it? Yes. What are the conditions for protecting my integrated circuit? A layout design shall be considered to be new: 1. If it is the result of its creator s own intellectual effort and; 2. It is not part of the general knowledge common among professionals of the relevant industrial art. Nevertheless, a layout design consisting of elements that are part of the general knowledge common among professionals of the relevant industrial art shall also be considered new, if the combination of its components and their interconnections are in themselves original. What are the international agreements governing integrated circuit protection that Egypt has signed? Paris Convention and TRIPS Agreement 30 Do I have to use the integrated circuit in order to protect it? No.

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