Daily Archives: April 18, 2025

Elkobtan Company has a hug experience in drafting CRA between  Principal  and Representative. This kind of agreement based on the idea, the  Principal hereby appoints the Representative as its exclusive/non-exclusive (select one) commercial agent in Cairo, Egypt (“Territory”) for the purpose of marketing, promoting, soliciting orders, and sales of the Principal’s products and/or services as listed in Schedule A (“Products”) in accordance with the provisions of Egyptian Law No. 120 of 1982 and its Executive Regulations. Here, The Representative accepts the appointment and agrees to represent and promote the interests of the principal strictly in accordance with the laws and regulations of the Arab Republic of Egypt.

The mission of Elkobtan is to define the clauses of this agreement, including the clauses of  the Principal, and the Representative’s Duties, Authority/ Limitations, Intellectual Property, according to the Egyptian IP Law No.82 of 2002 and its Executive Regulations, Compliance and Legal Obligations Confidentiality, Term and Termination, Indemnity, Non-Compete and Non-Solicitation, and finally the Governing Law and Jurisdiction.

Elkobtan always aims to achieve the justice between all the parties in very honest way.

To protect a trademark that is registered and protected under  UAE

 in Egypt, including Cairo, the trademark owner must undertake the following steps:

1. Local Registration
   The trademark owner must file an application to register the trademark with the Egyptian Trademark Office of the Egyptian Patent Office, under the Ministry of Supply and Internal Trade, in accordance with Egyptian Law No. 82 of 2002 (the “IP Law”). Registration in Egypt is necessary because Egypt follows the territoriality principle, and AEU or other international registrations do not automatically extend protection to Egypt.
2. Priority Claim
   If the trademark was previously registered in another Paris Convention or TRIPS member country, the owner may claim priority for the Egyptian application if the Egyptian filing occurs within six (6) months of the initial filing date, pursuant to relevant international treaties to which Egypt is a party.
3. Usage Monitoring and Enforcement
   The trademark owner must actively monitor the Egyptian market for unauthorized use of the trademark. Upon discovering any unauthorized use, the owner may:
   1. File a complaint with the Egyptian Trademark Office to oppose any infringing applications.
   1. Issue cease and desist notices to infringers.
   1. Initiate civil or criminal proceedings in Egyptian courts for trademark infringement, seeking remedies including injunctive relief, damages, and seizure or destruction of infringing goods.
4. Border Protection
   The owner may request customs monitoring by filing a notification with Egyptian Customs Authorities, enabling authorities to detain or seize counterfeit or infringing goods at the border.
5. Representation
   The owner must appoint a local agent or legal representative in Egypt to file and prosecute the trademark application and manage enforcement actions, as required by Egyptian law.
6. Public Awareness
   The owner may actively publicize the registered trademark in Egypt to deter potential infringers and notify business partners, distributors, and licensees regarding authorized use.
7. International Treaties
   The trademark owner may use the Madrid System for the International Registration of Marks, if eligible, to extend protection to Egypt by designating Egypt as a contracting party, in accordance with the Madrid Protocol (to which Egypt is a member).

By taking the above steps, the trademark owner will be better positioned to protect its trademark from illegal activities and infringements occurring in Egypt, ensuring recognition and enforceability of trademark rights in the Egyptian jurisdiction.