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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.

Protection of Intellectual Property Rights for Songs on Digital Platforms

To protect intellectual property rights for songs on digital platforms, multiple technologies are employed to ensure that the rights of song owners are safeguarded when publishing or distributing songs online. Here are some of the methods used:

Protection Methods

1. Digital Watermarking Registration*: Digital watermarking technologies are used to distinguish songs by embedding a unique code that can be traced. These watermarks do not affect sound quality but can be used to identify the rights holder or copyright owner.

• Content ID System (on platforms like YouTube) *: Platforms like YouTube offer a Content ID system that allows rights holders to register their content, including songs. When a song is uploaded to the platform, the system compares the uploaded audio with its database of registered songs. If the song is identified, the rights holder can decide whether to block the content or monetize it through ads.

• Registration through Intellectual Property Organizations*: In some countries, songs are registered with intellectual property protection bodies such as the American Society of Composers, Authors, and Publishers (ASCAP) or Broadcast Music, Inc. (BMI) in the United States. This provides legal protection for songs in case of unauthorized use

• Audio Fingerprinting Technologies*: Audio analysis technologies like audio fingerprinting are used to analyze and generate a unique audio signature for each song. This technology is used in systems like Shazam or Sound Hound to compare audio files and verify their identity.

• Encryption*: Some platforms use encryption technologies to protect songs during online transmission or storage on servers. This aims to prevent unauthorized copying or illegal distribution of songs

• Notification and Reporting System*: Some platforms use a notification and reporting mechanism, such as YouTube’s “Content ID” or “Copyright Claim” systems, which allow rights holders to report any unauthorized use of their songs. The platform then takes appropriate legal action.

Importance of Protection

1. *Protection of Intellectual Property Rights*: To protect intellectual property rights for songs from unauthorized use.

• *Prevention of Unauthorized Copying*: To prevent unauthorized copying or illegal distribution of songs.

• *Ensuring Rights Holders Receive Their Rights*: To ensure that rights holders receive their financial rights from songs.