Kuwait – New 2016 Official fees for the Enactment of Trademarks

Kuwait – New 2016 Official fees for the Enactment of Trademarks In the wake of the new year, the Kuwaiti Trademark Office have decided to implement the new official fees for all Trademark procedures as per their December circular, 13/2015. These developments and application of new fees are results of the 33rd Summit for the Supreme GCC Council, in their attempts to implement a unified GCC Trademark Law.  However, it is important to note that the GCC Trademark Law exists only to unify the procedures across the GCC States. Said decree was published and released in the Kuwaiti Official Gazette on 27 December, 2015 and is the applicable decree for all trademarks filed on this date as well as retroactively pending applications.
Service Updated Official Fees
Publication in the official Bulletin for a Trademark in One class US $82.00
Trademark Filing in One Class US $148.00
Renewal Publication of a Trademark in One Class US $148.00
Filing opposition against a Trademark US $314.00
Registration and issuance of certificate for a Trademark in One Class US $792.00
Renewal of a Trademark In one Class during last year of validity US $874.00
Renewal of a Trademark In one Class during last six month validity period US $1023.00
Eldib & Co invites you to send all your queries, in regards to Kuwait or any other jurisdiction in the MENA region, to mail@eldib.com.

Eldib & Co announces new partners

Eldib & Co, Egypt’s most experienced full service law firm, has announced the promotion of four new partners.   Mostafa Eissa  joined the firm in 1988, and he has assisted in both the patent and trademark departments before specialising in patent registration. In cooperation with our IP division, Mostafa assisted in the development of several applications that modernise and simplify the annuities payments and processing for patents. Mostafa mainly handles prosecutions, oppositions, filings at the Patent Office, and appearing before the Patent Office to secure the client’s best interest. Mostafa now heads Eldib & Co’s Patent Department.   Dina Eldib joined the firm as a qualified trademark agent in 2011. She brings to the firm her strong background in economics, advertising, brand management and new media solutions as well as her global knowledge of branding and corporate identities. She is responsible for the registering of trademarks and industrial designs. Dina handles many trademarks for multinational companies and assists with the registration of marks and the negotiations of deals pertaining to IP rights both locally and internationally.   Marwan Eissa joined Eldib & Co in 2009, specialising in the field of Intellectual Property where he has extensive experience handling high profile multinationals. In the field of IP law, he is able to provide legal support, conduct clearance trademarks’ searches and investigations, register national and international trademarks, deal with refusals and oppositions of registrations, and file appeals/oppositions and counter-statements. He acts as an advocate and trademark attorney for major clients, small businesses, corporations, and multinationals.   Mohamed Wahba joined Eldib in 2000 and became the head of Criminal litigation department in 2004. Mohamed was admitted before the Egyptian Court of Cassation in 2010. Since joining Eldib, Mohamed has dealt with a wide range of business crime matters. He has particular expertise in criminal cartels, extradition, corruption, mutual legal assistance. Mohamed handled high-profile cases for different individual and multinational clients within his areas of practice which includes: Criminal appeals, criminal defence, drug crimes, felonies, forgeries, misdemeanours, money laundering, and weapon charges.   Please join us in congratulating our new partners for their immense efforts.

New Regulations for Investment

New Regulations for Investment, Guarantee and Incentive Laws Egypt’s Prime Minister has recently issued a decree, no. 1820 of 2015, modifying Investment, Guarantees and Incentive laws. Said modifications have been introduced to ease foreign investment and to increase competitiveness in the Egyptian investment climate. One of the many changes that took place is that the Financial Control Authority now have the right to issue a decision to regulate the rules, conditions and procedures of any factoring activities and Monetary Supply with the aim to accommodate foreign and local investment. Furthermore, it is now possible to convert your company’s capital from EGP to any free exchangeable currency through specific procedures and applications. On the same basis, regulations and standards comparing applicants have been added and the availability of the required permits shall be granted based on the the company’s total investment, background experience and the kind of technology used. It is also to be noted that certain articles have been amended to support the aforementioned motive of these modifications. According to Article 31, appeals challenging the decree of tax exemption cancelations must be submitted within 30 days of the decree’s issuance. While Article 35 now states that unified custom class on machines, equipment, devices and production lines are now 2% rather than 5%. Another significant amendment occurred in Article 40; transient goods are now exempt from fees when imported into the free zones. This decree also took the opportunity to add new chapters of legislation and which further support the investment culture that Egypt is aiming to implement in the near future. A new chapter on Investment Policy was issued and it discusses the methods of application through the free zones, as well as the licenses, rules and regulations required for establishing in said zones. In addition, a new chapter on Land and Real Estate regulations indicates that the administrative authorities are now obliged to submit detailed maps to the general authority in order to ease related investments. These maps must identify the lands’ estimated value as well as which lands are up to the Republic’s standards in terms of fulfilling investment criteria. Finally, an alternative method to challenge the General Administrative Authority for Free zones and Investments’ decisions has been imposed. Formerly, the authority used to be the litigant and the judge. Now, with the presence of a neutral committee, GAFI’s decisions are now regarded as comprehensive decisions.

Copyright Licensor Collects Substantial Reward from Court

Copyright licensor collect substantial reward from court

An emphatic result took place for owners and exclusive licensor of media content and copyrights in Egypt when one of the largest compensatory awards made in the Middle East region was issued by the Economic Court of First Instance in Cairo (EC), with reference to the non-payment of royalty fees and the imposing of liquidated damages.

One of the leading broadcasting companies, enrolled into numerous license agreements with a broadcasting channel in Egypt in order to broadcast licensed and exclusionary material in terms of TV titles and series. The Egyptian broadcasting channel disregarded the payment of its royalty obligations, provided in the license agreement; therefore, the company filed a suit before the EC claiming an estimated four million USD for the recovery of the outstanding amounts due as well as two million USD of liquidated damages for the breach of the copyright licensing contracts. The contract binding both parties mentioned that the governing law for any disputes should be the UAE civil transaction code. The Egyptian court implemented the UAE regulations without any repressions and ordered the Egyptian channel to pay the demanded amount (four million USD). As for the liquidated damages, the UAE civil transaction code stated that it is up to the court’s discretion whether to waive, alter or conform to this type of damage in proportion to the breach committed by the other party. The court then reached a verdict and ordered the Egyptian broadcasting company to pay a sum of two million USD, the amount mentioned in the contract between both parties. This not only means that the Egyptian courts are progressing toward the benefit of owners of Intellectual Property Rights, but this is also a message from Egyptian Courts articulating that it will not hesitate to inflict large amounts of compensation through the contractual rights. In light of Egypt’s recent financial and development project, “The New Egypt”, it is apparent that Commercial courts in Egypt are developing in the favor of the owners of intellectual property rights. This is a significant step when it comes to sustaining and preserving economic growth in the country. Egyptian courts can and will aim to intervene with high compensations in order to protect foreign investors’ rights in Egypt.

Egypt’s Economic Development Conference

To promote more foreign investment in Egypt after a successful economic conference, Egypt has issued new laws that will allow easier foreign investment in the future. Please find hereunder news regarding the major developments that are currently ongoing in Egypt. NEW CAPITAL During the Economic Conference it was announced that a new administrative and commercial capital of Egypt, which will be located between the provinces of Cairo and the Red Sea, will be built and is estimated to be complete by 2022. It will have an area of 700 square kilometers, and should withstand a population of 5 million individuals as well provide 1.7 million jobs. NEW LAWS With the aim to guarantee more foreign investment leading up to the Egypt Economic Development Conference that took place this year, the country has implemented new beneficial initiatives; which include but are not limited to a feed-in tariff system for renewable energy, which gives power producers the opportunity to sell the renewable electricity they generate back to the national grid. Moreover, this month the cabinet approved the new investment law, which is essential to protect foreign investors from legal disputes, among other incentives. The Egyptian government also took this opportunity to implement new fiscal policies that will benefit foreign investment especially in the energy sector, including subsidy reforms for fuel and electricity. In order to develop upcoming energy projects, the Egyptian government has laid out new laws and regulations to accommodate private investment, in particular to benefit the foreign firms in Egypt. Egypt’s efforts during the Economic Development Conference succeed in regards to attracting multinationals, while the bulk of the investments were directed towards energy and electricity projects

New Suez Canal Project

A new dawn is upon Egypt with recent news of the major developments taking place with the Suez Canal. As one of the largest projects in the entire history of Egypt, we hope that it will bring countless new prosperous opportunities to our flourishing country. The project has already been able to raise more than 61 billion EGP ($8.5 billion) from investors. Moreover, the new canal section is projected to decrease the waiting period from 11 to 3 hours and to increase the number of ships that can navigate the canal simultaneously from an average of 23 to 97. With the new major improvements just beyond the horizon, officials expect a major economic, commercial, and industrial increase in Egypt. Eldib – Attorneys at Law would like to take this opportunity to offer our services in regards to this project

Vision:

The Suez Canal Area Development Project (SCADP) aims to transform the area into an international economic and logistics hub through the creation of industrial and logistic centers within the project area. The project’s goal is to benefit from the increased trade traffic through the Suez Canal by establishing relevant value-added activities and complementary industries in the area, as well as increasing exports and imports.

About the Project:

The Project’s geographical region includes:
East and West Port Said’s ports, as well as El Arish Port (in the northern region). Technology Valley Area, East Ismailia (in the central region). Ain Sukhna, El Tor, and Al-Adabia Ports, as well as the Economic Zone in North-west Gulf of Suez (in the southern region). The Project’s current phase aims to prepare a six-month Master plan, to include: A strategic and integrated master plan to develop the Suez Canal Area, including the establishment of industrial, logistics, agriculture and tourism-related projects and activities, as well as recommendations on the optimal use of the allocated land and human resources. Studies will also look at opportunities for improving utilities and infrastructure in the area to support these activities. The plan will also study the potential environmental and social impact of the project, in coordination with all concerned governmental bodies and civil society organizations. It will also offer a marketing, investment promotion and communication strategy, and a reference guide for perspective investors. The current phase also includes the review of legislation related to investment within the geographical zone of the project.

Project Benefits:

We expect to see development of the area surrounding the Suez Canal and establishment of new urban, industrial and economic zones as well as creation of job opportunities through increased economic activity. In addition, it is expected to attract new investment, which will contribute to state’s Treasury, and be reflected in Egypt’s public budget and services offered to citizens. Also, improvement in global confidence in Egypt’s national economy, and the country’s ability to carry out global economic Projects Many sectors will be affected by this new project including but not limited to shipping, operations management, industrial, and the commercial sector. In addition, Egypt is currently drafting new and improved Investment Laws as well as Labor Laws, which we would be more than happy to update you with. We will keep you closely informed about the project’s progress. If you have any enquiries or comments please feel free to contact: