- Prime Minister DecreeNo. (497) of 2005
- Executive Regulations of Book III for Law No. (82) of 2002 on The Protection of Intellectual Property Rights
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Prime Minister Decree
No. (497) of 2005
On
Issuing the Executive Regulations for Book III
Of Law No. (82) of 2002 on
The Protection of Intellectual Property Rights
The Prime Minister
After reviewing the Constitution;
Law no. 82/2002 on the Protection of Intellectual Property Rights;
Law no. 51/2004 on E-Signature and on the Establishment of the Information Technology Industry Development Authority (ITIDA);
The Executive Regulations no. 1366/2003 of Books I, II and IV of the Law on the Protection of Intellectual Property Rights; and
Upon the approval of the Cabinet,
Has Decreed
Article I
Book III of Law no. 82/2002 on the Protection of Intellectual Property Rights shall be governed by the provisions of the attached Executive Regulations. Any provision contrary to the provisions of the Executive Regulations shall, hereby, be repealed.
Article II
This decree shall be published in the Official Gazette, and shall be enforced as of the next date of publication.
Issued at the Cabinet on: Sa’far 18th, 1426 A.H.
March 28th, 2005 A.D.
Prime Minister
Dr. Ahmed Nazif
Executive Regulations of Book III
for Law No. (82) of 2002 on
The Protection of Intellectual Property Rights
Book III
Copyrights and Neighboring Rights
Article (1): For the purposes of implementing this Book the following terms shall, unless otherwise prescribed, have the meanings given thereto below:
Law no. 82 of 2002 on the protection of intellectual property rights. The Executive Regulations for Book III of Law no. 82 of 2002 on the protection of intellectual property rights. The Minister of Culture; the Minister of Information in respect of broadcasting; and the Minister of Communications and Information in respect of computer software and databases. The Ministry of Culture; the Ministry of Information in respect of broadcasting; and the Ministry of Communications and Information in respect of computer software and databases. The Copyright Protection Office at the Ministry of Culture; the Computer Software and Database Protection Office at the Information Technology Industry Development Authority (ITIDA); and Broadcasting, Audio, Visual and Audiovisual Works Protection Office at the Ministry of Information. The Registry established by the Concerned Ministry to record actions in respect of the literary, artistic and scientific works subject to the provisions of the law. The electronic machine capable of storing, processing and retrieving data and information electronically. Any form of instructions and orders expressed by a particular language, symbol or sign that could be used directly or indirectly in a computer to perform a function or achieve a result – whether such instructions and orders are in their original form or any other computer-related form. Any storage of data featured by innovation in terms of arrangement and display or reflecting a personal effort worth protection, whether the storage is made through a language, symbol or any other form, provided that it is stored by the computer and is retrievable by the computer or any other e-means.
Article (2): The Concerned Ministry shall – as the case may be – implement the literary rights of authors and performance artists stated in Articles (143/144/155) where the author or performance artists dies with no heir or legatee, after the lapse of the rights protection period as stipulated by the Law.
The Concerned Ministry shall take and adopt all the procedures and means necessary to be in charge of such rights in a way that ensures protecting the work and/or performance as well as the reputation of the author and/or performer.
Article (3): The Ministry of Culture shall, without prejudice to the provisions of Item (19), Article (138) of the Law, be in charge of the literary and financial author’s rights as to national folklore referred to in Article (142) of the Law and shall protect and support the said folklore. The Ministry shall, in the course of doing so, initiate records, archives and databases to register the collected and classified expressions of the said folklore – oral expressions in particular – as well as musical expressions, motion expressions, and tangible expressions stated in Item (7) of Article (138).
The Minister of Culture shall issue a decree to set the rules and implementing procedures of the provisions of the preceding paragraph, including the recording rules and procedures in the registries, archives and databases.
Article (4): Acquiring a license to copy and/or translate a protected work in accordance with the provisions of Article (170) of the Law without the author’s permission shall be subject to fulfilling the requirements of all kinds and levels of education, and provided that the applicant files the application for license with the Protection Office at the Concerned Ministry, using the form made for this purpose or what includes the data thereof.
Article (5): Granting the license referred to in Article (4) above shall be subject to the following conditions:
Article (6): The application for license must include the following information:
The application shall be accompanied by whatever proves that the license is required for the purpose of fulfilling the requirements of any kind of education or levels whether universities, institutes, training centers, scientific research, etc. The application shall, also, be accompanied by whatever indicates that it has been difficult to reach the author, his/her successor or the legal representative of either of them; what indicates that negotiations were held with any of them, and a reasonable negotiation period lapsed without reaching an agreement; or that the author, his/her successor or the legal representative of either of them did not make enough copies adequate to answer the said requirements at a reasonable price.
Article (7): The Appropriate office shall examine the application for license and verify that all the conditions required to grant licenses are met.
The license shall be issued by virtue of a provisional decree by the Concerned Minister or his/her authorized deputy, including setting the time and place limit of the license within 30 days as of the date of completing the required documents and paying the due fees in accordance with the categories stated in the table attached hereto, provided that each work does not exceed L.E. 1000.
Article (8): The licensing decision must include a fair remuneration to the author or his/her successor for using the license. The remuneration shall be determined by a specialized Committee of experts formed by virtue of a decision by the Concerned Minister.
The Committee shall, in the course of determining the remuneration, consider the following:
The license may not be used except after paying the said remuneration.
Article (9): Any person desires to obtain a license for the commercial or professional use of the work, audio recording, performance or radio program that entered the public domain according to the provisions of Article (183) of the Law may file an application with the Office using the appropriate form prepared for this purpose or what includes the data thereof. The license shall be issued in return for paying the fees due in accordance with the categories stated in the table attached hereto, provided that they do not exceed L.E. 1000 for the license.
Article (10): Others may, following the publication of the work by the author, adapt the Computer software, even if such adaptation exceeds the extent necessary for the use of the said program as long as it is within the limits of the licensing purpose—for non-commercial purposes, or education or training requirements provided that such adaptation does not harm the legal interests of the author of the program, and that it – in all cases – includes a reference to the adapted-from-software.
Article (11): The Concerned Ministry shall, pursuant to the provisions of Article (185) of the Law, establish a registry of the acts concerning the works, performances, sound recordings and radio programs that the Law stipulates the recording thereof in the registry.
Article (12): The recordation application (of any acts) in the registry mentioned in Article (11) of these regulations shall be filed by the person concerned with the Office, using the form prepared for such purpose or what includes the information thereof.
Article (13): The recordation application must include the following data:
The application shall be accompanied by the act instrument or a certified copy thereof in addition to all the documents necessary for the examination thereof.
Article (14): The Appropriate Office shall examine the recordation application and the attachments thereto, and shall take the necessary procedures in that regard, after the payment of the due fees in accordance with the categories stated in the tables attached hereto, provided that the single recordation does not exceed L.E. 1,000.
Article (15): A page in the registry shall be assigned to each classification. Such page shall include the following information: Article (16): Any person may, in accordance with the provisions of Article (186) of the Law, obtain from the Concerned Ministry a deposit certificate of a work, registered performance, sound recording or a deposited radio program, in return for the due fees in accordance with the categories stated in the tables attached hereto, provided that the sum does not exceed L.E. 1,000 for each certificate.
Article (17): All stores that offer for circulation by sale, lease, lending, or licensing, recording equipment, sound recordings or radio programs shall be obliged to pay the due fees according to the categories stated in the tables attached hereto, provided that such fees do not exceed L.E. 1,000 to obtain the license referred to in Item (1) of Article (187) of the Law.
Table of
Fees in Respect of Copyright and Neighboring Rights
Service Appropriate Office Fees in Egyptian Pound Obtaining a personal license for copying and/or translating any work protected under the Ministry of Culture according to the provisions of Article (170) of the Law and Article (7) of the Executive Regulations The Copyright Protection Office, Ministry of Culture L.E. 400/work Obtaining a personal license for copying and/or translating any work protected under the Ministry of Information according to the provisions of Article (170) of the Law and Article (7) of the Executive Regulations The Broadcasting and Audio, Visual and Audio-Visual Work Protection Office, Ministry of Information L.E. 400/work Obtaining a personal license for copying and/or translating any computer software work and database according to the provisions of Article (170) of the Law and Article (7) of the Executive Regulations The Computer Software and Database Protection Office, the Information Technology Industry Development Authority (ITIDA) L.E. 250/work Obtaining a personal license for copying and/or translating any computer software work and database according to the provisions of Article (170) of the Law and Article (7) of the Executive Regulations The Copyright Protection Office, Ministry of Culture L.E. 400/work Obtaining a license for the commercial or professional use of the works that entered the public domain, and whose IPR are under the supervision of the Ministry of Culture according to the provisions of Article (183) of the Law and Article (9) of the Executive Regulations L.E. 1,000/work Obtaining a license for the commercial or professional use of the work, sound recording, performance or broadcasting that entered the public domain
according to the provisions of Article (183) of the Law and Article (9) of the Executive Regulations
First: Audio Works: