Egypt – Committee formed for Compulsory licenses | Decree 251 of 2020

In accordance with article 23(4) of the Egyptian IP Law No. 82/2002 the Patent Office is entitled to grant Compulsory license if the applicant/patentee fails to exploit the invention in Egypt, himself or through his consent; or if the patent was not sufficiently exploited after the lapse of four years from the date of the application or three years from the grant of the patent, whichever comes later; or if the patent owner suspended, without a valid reason, the exploitation of the patent for more than one year.

In this regard we would like to inform you that the Prime Minister issued the following decree:

Decree No. 251 of 2020 Prime Minister’s Decree No. 251 of 2020 Prime Minister’s Decision after reviewing the constitution and Law No. 82 of 2002 for The Protection of Intellectual Property Rights, and based on what was presented by the Minister of Higher Education and Scientific Research

Article 1
The Ministerial Committee stipulated in Article (23) of the Law No 82 of 2002 will be established from: The Minister of Higher Education and Scientific Research (established), Minister of Supply and Internal Trade, Minister of Health and Population, Minister of Trade and Industry and the Chef of the Authority for the Protection of Competition and the Prohibition of Monopolistic Practices. The committee may seek the assistance of any Ministries, State Agencies, and Experts to assist it in carrying out its tasks.

Article 2
The committee referred to is concerned with the following: 1- Approving the granting of compulsory licenses to exploit the inventions in the cases stipulated in the aforementioned Intellectual Property Protection Law. 2- Determining the financial rights of the patentee when issuing the compulsory licenses referred to, based on the estimate offered by the committee in accordance with the provisions of Article (41) of the Executive Regulations of the aforementioned Intellectual Property Law. 3- Approving the expropriation of the patent in any of the cases specified in the aforementioned Intellectual Property Law.

Article 3
The committee rapporteur shall call for its convening, provided that the invitation includes specifying the date and venue of the meeting and the agenda. The decisions of the committee shall be issued by an absolute majority of its members.

Article 4
The Ministerial Committee shall have a technical secretariat to assist it in the performance of its tasks, and a decision shall be issued by its formation from the decision of the committee.

Article 5
This decision shall be published in the official gazette, and the competent authorities must implement it. By the Presidency of the Council of Ministers, Prime Minister Dr. Mustafa Kamal Madbouly Issued on January 29, 2020

Finally we would like to point out that in the entire history of EG Patent Office they have never granted any compulsory license and if the EGPO grants it, then it will be the first time.

For more information please contact Mostafa Eissa at mostafa.eissa@eldib.com