Kuwait Cancels New POA Regulations

Published: 11 April 2019

The Ministry of Trade and Economy issued regulations that took effect on 5 April 2019 with respect to powers of attorney. You can read about at:

Kuwait Update – Power of Attorney for each TM Application Effective April 5, 2019


Following unfavorable feedback, the Ministry has now withdrawn these regulations. No official letter has been issued and but the original announcement has been retracted from the Ministry’s website.

The current POA requirements as follows: 1. A single POA legalized up to the Kuwaiti Embassy is sufficient to file multiple applications belonging to the same applicant; 2. A soft-copy of the POA is mandatory at the time of filing; 3. There is a 30 day grace period for filing the POA; 4. and POAs can be valid for a maximum of 10 years.

If you have any questions, please feel free to contact us at kuwait@eldib.com.

Jurisdiction Update: Sudan

Published: 11 April 2019

Due to the continuing political turmoil, our firm in Khartoum is now closed until Monday April 15 and may be extendible after the events of the weekend unfold.

We will provide you with updates as soon as they become available.

Updates following unrest in Libya and Sudan

Turmoil in Libya

As you have likely learned, tensions are rising in Libya as the capital of Tripoli and surrounding areas are affected by clashes and impending danger in the nation.

Political protests in Khartoum

Anti-president protests in the Sudanese capital of Khartoum are ongoing and continuing to grow with military intervention imminent.

These events could interrupt business flow in Libya and Sudan respectively.

Our firms in both jurisdictions are open as usual and we will do our best to make sure that instructions are attended to in a timely fashion, yet we expect that there may be periods of danger not allowing our teams to proceed with scheduled work, times where government entities will be closed, and periods where electricity, phone and internet connections may be affected.

We ask for your cooperation during this time and to allow for delays. We also ask that instructions for Libya and Sudan are sent well in advance of any deadlines, allowing ample time for the firm to act in case of any of the above scenarios.

Kuwait Update – Power of Attorney for each TM Application Effective April 5, 2019

In accordance with circular number 2 for the year 2019, the Patent and Trademark Office in Kuwait has announced that effective April, 5, 2019; the Power of Attorney (POA) for trademark matters should include the following:

1. POA is a mandatory document that must be submitted at the time of filing the TM application, otherwise the application will be rejected. Each POA must be notarized and legalized by the Kuwaiti Embassy in the applicant’s country, and translated into Arabic;

2. POA should include the following information for the agent or firm: Name, nationality, address, service description, terms & conditions, service location, POA duration and renewal agreement, expiration & cancellation policy;

3. Each TM application requires a separate POA to be submitted in relation to filing, appeal, registration and the issuance of the TM certificate;

4. A new POA must be submitted for TM renewal, change of name/address, and assignment (and other recordal) prosecution procedures;

5. POA cannot be valid for longer than 10 years, and can be renewed within 6 months of its expiration.

It is important to note that each trademark, even if belonging to the same applicant will now need its own POA.

Sudan: Jurisdiction Update

Appeals before the competent courts only

 

The head of the Sudanese Registrar General of Intellectual Property has announced the cancellation of the committees of appeal. As such, any responses to office actions must be filed before the competent courts.

In accordance with the Sudanese IP Law No. 8 year 1969, article 16 (2):

“Any refusal by the Registrar to register a mark or any condition, amendment, modification or limitation imposed by him shall be subject to appeal to the Court.”

In other words, any interested party shall appeal the office action before the court within one month from the date of issuance of the office action, and the matter shall be deliberated as a law suit.

We have also inquired about the pending appeals and were advised that no decision has been taken yet in this regards.

We will keep you advised with further updates as they become available.

Should you have any questions and queries, please contact us at mail@eldib.com and we will be proud if you turn to us with confidence.

VIC-MED Project Developments



Eldib & Co had the privilege of being the sole Legal Expert for the VIC-MED project “Establishment of a Navigational Line between Lake Victoria and the Mediterranean Sea”, throughout its pre-feasibility study phase.

The VIC-MED project’s principal objective is to develop a sustainable transport link between the Nile Basin countries, namely Burundi, Democratic Republic of Congo, Kenya, Rwanda, Tanzania, Uganda, South Sudan, Sudan and Egypt; which will accordingly;

    a) Promote economic integration among the Nile Basin countries through trade movements, and cheaper and cleaner transport means for goods and people,
    b) Ultimately build a development corridor on the Nile River,
    c) Serve the Nile Basin countries that have no access to the seas and oceans,
    d) Reduce poverty among the Nile Basin countries.

Eldib & Co has successfully prepared the Legal Framework for the Project, at this phase, which was presented and approved by the Project’s foot-print countries and management unit during the Fourth Steering Committee Meeting which was held in Egypt on the 16th and 17th of October, 2018 during Egypt’s First Cairo Water Week (CWW) which kicked off on Sunday 14th of October, 2018 under the auspices of President Sisi, aiming to increase the public awareness of water rationalization for the sustainable development amid state of water.

We are extremely grateful to be part of such a historic and strategically significant milestone for the region.

Ministry of Investment and International Cooperation adopted Sole Proprietorship companies

 

Dr. Sahar Nasr minister of Investment and International Cooperation, has accredited the decree of establishing the Sole Proprietorship companies, which came into action today August 16th, 2018 Dr. Nasr has stated the benefits of the Proprietorship companies which is to encourage the small business and startups. Documents required for establishing the Sole Proprietorship Company:

  • Non-ambiguity certificate approved by the Commercial Register
  • A bank certificate with a deposit of the entire capital, not less than EGP 50,000
In case that a legal entity wishes to establish a Sole Proprietorship Company, the following documents shall be submitted:
  • Eligible power of attorney from the individual.
  • A copy of the recent commercial record of the legal entity (Original copy is only requested for review)
In case the founder of the Sole Partnership Company is a person of the public law, the approval of the Prime Minister or the competent minister should be obtained, according to the case, the following documents shall be submitted:
  • Power of attorney enclosing the right of establishing a company, signature of articles of association before the notary public.
  • Security check form for the company founder and/or foreign manager.
  • Original extract from the register of accountants and auditors is required for the accounts auditor to be appointed, the extract shall be enclose his right to review and approve the budgets of the company, hence, a copy or confirmation of  the appointment  has to be submitted in advance to the GAFI.
  • Identity proof copy (Original copy is only requested for review)
  • In case of “In Kind share” an evaluation of the “share” shall be submitted from the competent experts and the founder’s approval of the validity of the said evaluation.
  • In the case of a public free zone, the approval of the Authority shall be obtained before incorporation and the approval of the Board of Directors of the free zone to which the project is to be established.
Our experienced and specialized attorneys at Eldib & Co will guide you step by step for any company incorporation matters. Should you have any questions and queries, please contact us at mail@eldib.com and we will be proud if you turn to us with confidence.

Eldib & Co Establishes Turkey Office



Eldib & Co – Attorneys at Law has been providing services in Intellectual Property for the last 100 years and in turn gained the trust of thousands of clients. It is now our pleasure to announce the opening of our new Turkish office located at: Maslak Mah. Ahi Evran Cad. Polaris Plaza No: 21 Kat: 3 D: 18 Şişli, Istanbul, Turkey in view of the increasing demand of our business and to deliver prompt and speedy service to all our clients. We thank you for your continued trust and business.

Services we offer in Turkey:
  • Patents
  • Trademarks
  • Designs
  • New Plant Varities
  • Title Updates
  • Brand enforcement
  • IP Litigation
Our Team and our Managing Director in Turkey Can Mercan forever endeavor to serve you better. Enquiries may be sent to can.mercan@eldib.com or dina.eldib@eldib.com

MOROCCO: Jurisdiction Update

Certificates Electronically Issued




The Moroccan Trademark Office (OMPIC) has announced that, as of 28th May, 2018, trademark registration certificates and renewal certificates will be issued electronically in a digital PDF format, stamped by OMPIC.
This new practice will expedite the registration process of national trademarks in Morocco.
For further information, please do not hesitate to contact us with any enquiries at our main mail address mail@eldib.com

New Consumer Protection Law Draft



On April, 2018, the Egyptian Parliament approved the draft of the new Consumer Protection Law (“the Law”). Said Law shall enter into force within three months from the date of its publication in the Official Gazette, and the Executive Regulation thereof shall be issued within three months from the day the Law enters into force.

One of the highlights of the Law is introducing a new concept, known as Online Contracting. Acknowledging this concept is seen as a milestone to reach a satisfying level of transparency and security for consumers. As we currently live in an era that relies on Online Contracting when carrying out daily activities, consumers need definite and concrete laws and regulations to govern such contracting methods.

The Law shall apply on all Online Contracting activities between Suppliers and Consumers, such as, but not limited to, online shopping and any agreements which are negotiated or confirmed online.

Furthermore, the Law took Intellectual Property rights (“IPR”) to a new level by affirming and applying serious penalties on anyone who takes an action that breaches an IP right of another.

Due to the lack of IPR awareness in Egypt, introducing this concept in the Consumer Protection Law, which is considered a well-known law in Egypt, is a beneficial step for spreading awareness about IPR in general.

Currently, the Egyptian Intellectual Property Law no. 82 of 2002 is the applicable law for any IP infringement matter. Said law determines all rights and penalties regarding IPR. However, the new Consumer Protection Law also applies serious penalties on any supplier who undertakes an action that shall result in creating a wrong impression or misleading the end-user of a commodity. In such cases, the breaching party shall be penalized with a fine not less than EGP 20,000 and no more than EGP 1,000,000 or the value of the infringed product, whichever is more; the aforementioned fine shall be doubled in case of repetition.

To finalize, the new law is set to be for the benefit of the consumer in every way by applying accurate and explicit liabilities on the suppliers, and in order to ease and secure the business-consumer activities.

Our experienced team would be pleased to assist you in any Intellectual Property or Consumer Protection matter.

Should you need any further assistance, please contact Mohamed Eldib, Partner at Eldib & Co, Egypt Office. Email: mohamed.eldib@eldib.com