The previously mentioned persons are monitored by an Authority called the Egyptian Competition Authority (ECA) and that occurs by receiving complaints concerning any violations to the provisions of the said law, examining the filed complaints, and taking the appropriate decision thereon. * To Study Competition law, we will divide this chapter to: Section one: Prohibited agreements. Section two: dominant person. *- Tid, Hty ‘he Law on Protection of Competition and Prohibition f monopolistic Practices in Egypt was promulgated by aw No. 3 of 2005. the aim of the Competition law is to ensure that economic activity does not prevent, restrict or damage the freedom of competition. The law sets out a number of rules that regulates the economic activity of persons dealing in the relevant market. * Basically, the law. applies to natural and juristic persons, economic entities, unions, financial grouping or group of persons, regardless the means of their Incorporation, the mechanisms of their financing, nationalities or headquarters. * —_—— 1. Zaynab Ismail, Egyptian Competition Law Overviow Article the date of iain ts: 12 July 2019. 2. Ibid. 63 GetoChapter six Competition law> | A mark shall be registered in respect of one or more te categories of goods produced, or intended to z produced: by the applicant. 1 the trade Registry Department may, in a motivated gecision, require the applicant to undertake the ecessary modifications on the subject mark in. order to define and clarify the mark so as to avoid its sion with a mark already registered, or a mark confu for which a registration application has already been filed .2 The registration of a mark is approved by a decision of the Department and shall be published, in the manner. prescribed by the Regulations, in the Trademarks and Industrial Designs Gazette .3 1. tide (74) of the Egyptian law pertaining to Protection of Intellectual Property Rights. . 2. tile (77)-of-the Egyptian law pertaining fF Intellectual Property. Rights. + Artie: (83) of the: Egyptian law pertaining’ tO protection of Intellectual Property Rights. 46 rotection ofSs (4) knowingly sells, offers for sale or distribu, acquires for the purpose of sale, products bearin * OF counterfeit or imitated mark, or on which the m, “Oa was unlawfully affixed. 1 Maquality, category, guarantee, preparation Process, * to indicate the provision of any service. 1 (A)Register the trademark: The Department of Trade Registry shall be competent to register the trademarks. 2 Any natural person or legal entity, Egyptian o foreign, belonging to or having the center of his or its effective activity in a country or entity member in the World Trade Organization or who applies reciprocity to Egypt, shall have the right to apply for the registration of a trademark with the Department of Trade Registry in Egypt. 3 '- Article (63) of the Egyptian law Pertaining to Protection of Intellectual Property Rights. 2 Article (64) of the Egyptian law Pertaining to Protection Intellectual Property Rights, 3, it ‘tice (66) of the Egyptian law pertaining to Protection ¢ Intellectual Property Rights, 45ntellectual property, very broadly, means the legal rights which result from intellectual activity in the industrial, scientific, literary and artistic fields. : Countries have laws to protect intellectual property for two main reasons. One is to give statutory expression to the moral and economic rights of creators in their creations, The second Is to promote creativity and application of its results and to encourage fair trading which would contribute to economic development. * _— Intellectual property law aims at safeguarding “ creators and other producers of intellectual goods and services by granting them certain time-limited rights to control the use made of those productions. 1. WIPO INTELLECTUAL PROPERTY HANDBOOK, Second Edition, 2008, P 3. 2 Ibid, 2Chapter four Intellectual property lawintellectual property is traditionally divided into 4, branches, industrial property” and “copyright”! To Study intellectual property law, We will divide ty Chapter to: Section ones Trademarks. Section twos Industrial design. | * ——————, ‘WIPO INTELLECTUAL PROPERTY HANI Eston, 2008, P 3, DBOOK, SecedSection one \ Trademarks A trademark is a sign capable of distinguishing the goods or services of one enterprise from those of other enterprises. Trademarks are Protected by intellectual property rights. 1 A trademark is any sign distinguishing goods, whether products or services, and include in particular pames represented in a distinctive manner, signatures, words, letters, numerals, designs, symbols, signposts, stamps, seals, drawings, engravings, a combination of distinctly formed colours and any other combination of these elements if used, or meant to be used, to distinguish the products of a particular industry, agricultural, forest or mining venture or any goods, or to indicate the origin of products or goods, or their * = http://www.wipo.int/trademarks/en/. 44> Labour law has won recognition as a Aistinctiy, branch of the law within the academic legay community, but the extent to which it is recognized ag a separate branch of legal practice varies Widely depending partly on the extent to which there is labour code or other distinctive body of labour legislation in the country. concerned, Partly on the extent to which there are separate labour courts or tribunals,.. and partly on: the extent to which an influential: group within the legal profession Practice specifically as labour lawyers, 1 Labor matters in. Egypt are Primarily regulated by law N°. 12 for the year 2003, regulating relationship between employers and employees in Private sector To Study labor law, we will Section one: Section two: divide this chapter to: Rights of the worker. Obligations Of the worker, *- Ibid, etl- ie, pour law is body of law. applied to such matt aotoyrents remuneration, conditions of we ers as sions, and industrial relation, wwe | In its most comprehensive sense, the term includes social security and disability insurance as well. Unlike the laws of contract, tort, or property, the elements of labour law are somewhat less homogeneous than the rules governing a particular legal relationship..In addition: to the individual contractual relationships growing out of the traditional employment situation, labour: law deals with the statutory requirements and collective relationships that are Increasingly important in mass-production societies, the legal relationships between organized economic interests and the state, and the various: rights and obligations related to some types of social services. * ee 1. © Wilfred. JenksJohannes Sctiregle,. Labour law, Article on the. internet at: tps: two btn. comtonie APU law, the date of publishing ig: 25 sept 2019- 53(B)Punishment: Shall be punishable by a fine of not less than 4,000 pounds and not more than 10,000 pounds any Person who: (1): imitates a protected industrial design registereg according to the provisions of this Law ; (2)knowingly, manufactures, sells, offers for sale, acquires for trade or circulation, products bearing imitated industrial designs ; (3)unlawfully affixes on products, advertisements, trademarks, certain implements or the like, indications that may lead to believe that such: a person has registered an industrial design . 51a Section two Industrial design mi dustrial design is any composition of lines.or any shree-cimensional form whether or not associated with colours provided that such composition or form ves spedal appearance of novelty and is industrially applicable. 1 REGESTIRATION The Trade Registry Department shall be competent to register the. industrial designs in a special register . The application may. comprise a number of designs not exceeding’50, provided that all such designs form one coherent unit. 2 te «tee (119) of the Egyptian law pertaning to, Protection of Intelléctual Property Rights. * Artie (122) of the Egyptian law pet Intellectual Property Rights: 50 taining to*Protection ofyr ye worker |S forbideen to accept gifts, compensations, commissions or any other objects in favor of anyone for performing his work, 61Chapter five Labor lawy ex off, reject any application to register any ” wich identical with a well-known mark. 1 at coponishments gal be punishable by Imprisonment for a period of pat less than two months and by a fine of not less than 5,000 pounds and not more than 20,000 pounds, of BY either punishment, any person who: (1) Counterfeits a trademark registered in accordance with the law or imitates it in a manner whichis likely to mislead the public; 2) Fraudulently uses counterfeit or imitated trademarks ; Q)fraudulently affixes to his products a trademark belonging to a third party; be Article (68) of the Egyptian law pertaining to Protection of "elec Property Rights 48 >= The Department shall deliver to the owner Of ‘tp, registered mark a certificate containing the information published in the aforementioned Ga; i Zette, (B)Protected trademark: The person who has registered a trademark and who has made use of it for a period of( five years as of the date of its registration shall be »e deemed: the owner of such a trademark. 2° The owner of a well-known trademark, worldwide and in Egypt, shall have the. right te enjoy the protection conferred by this Law even if such a mark. is. not registered in Egypt. The Trade Registry Department ote a - Article (84) of the Egyptian: law.pertaining to: Protection of Intellectual Property. Rights. - Article (65) of the Egyptian-law- pertaining: to Protection of Intellectual Property Rights. 47 ally 5- The worker has to Treat his clients welt ang - The represent his company as best he can. 6- The worker is forbideen to reveal his company, confidential information to competitors or anyone els, outside of the workplace unless specified for a Specific purpose by his employer. 7- The worker has to maintain all office-relateq properties. IF he damage company property, he will have to pay for it. 8- The worker is forbideen to keep an original copy of any work-related document for himself. 9- The worker is forbideen to work for a third party with or without pay, 10- The worker is forbideen to. borrow money from clients of his employer, However, this doesn't apply to borrowing from banks, 60y Section two Obligations of the worker pccording to tticle 56 of the Egyptian labor law, the worker is obliged to: 1- The worker has to perform all tasks with accuracy, honesty, and determination, He also has to perform tacks in a timely manner and stick to the guidelines and recommendations of your supervisors. 2- The worker has to cooperate with his co-workers, even if they don’t work in his department. 3- The worker has to adhere to company policy, brand values, company culture. 4- The worker cannot perform any work for another employer on his selected vacation days. Tf he break this rule, his employer has the right to withdraw his pay for this vacation days. 59- ane worker is allowed a one-month vacation to for religious duty (pilgrimage to Mecca or jerusalem) after he is worked for an employer for five continuous years. However, he is only entitled to one raigious leave per service, g- The worker doesn’t have to work when he is sick: He tras the right to a paid sick leave after a medical professional has established a legitimate medical condition that requires time off work. 10- The worker only has to work eight hours a day or 48 hours per week; these don’t Include time for the \unch break or occasional breaks. Break periods shouldn't total less than one hour. Moreover, The worker should not continuously work for more than five hours at a time. The worker's total work hours (including work and break periods) cannot exceed 10 hours per day. 41- The worker cannot have less than one complete day off per week. If he work for six continuous days, 574- The worker has the right to annual vacation periog e $e a religiow that is proportional to employment period. However, \ this only applies if he has completed first six months, 5- The worker can decide when to take his anny igi vacation if he Is a student and he need to take Son vacation for his finals or college projects. He just have g- The WO! to notify your employer 15 days in advance. we has the Ws professional h 6 The worker should get pald vacations on all condition that national holidays and official occasions, but only for a maximum of 13 days per year. However. the 10- The wort employer has the right to make him work on holidays 48 hours pe if it is highly required, and he should get paid triple lunch brea his usual day pay when working on these holidays. shouldnt t worker sh 7- The worker can have six days of vacation per year, five (hours and he is not required to state a reason for taking Rnciodlng time off (casual leave); with a maximum limit of two hours pet days per vacation. However, casual leave, unfortunately, counts as part of his annual leave. wets day off 56Section one Rights of the worker accor to the Egyptian labor law, the worker is entitled to: 1. The worker are only legally obligated to go through one single three-month probation period, regardless the nature of your work. 2- The employer Is forbideen to discriminate the worker based on race, religion or language, in any form. 3- The worker can have 21 vacation days per year (annual leave) if he has worked for an employer for one year. It increases to 30 days after ten years. If if he has worked for an employer for less than a year. 55call | purchase goods or services that are irrelevant to the \ original transaction. 5-Discriminating between sellers or buyers with similarities regarding trading positions either j, respect of sale or purchase prices or aS regards terms of the transaction in a manner that limits their ability to compete. 6, Refrain rom producing or providing, a scarcely \ |, available product when ts production or provision is economically possible. 7-Mandating that the dominant person onhis dealers decline to permit a competing person to have ac \ to their utilities or services, despite their. utilization is \ economically viable. 8-Selling products at prices lower than their marginat cost or avefage variable cost. 9-Obligating a-supplier not to deal with-a competitor: 70y - taw provides an exhaustive list of the acts yotthe dominant person is prohibited to do: ! any act bound to result in non-manufacturing, or non-production or non-distribution of a product for a certain period of time. 2Refraining from entry into sale or purchase déals ° concerning a product with any person or totally. | ceasing to deal with him in a manner that is apt-to YA result in restricting its freedom to access or exit the , f market at any time.: 3-An act likely to limit the distribution of a specific: product according to geographical areas; distribution centers, clients, or seasons or time periods among vertically related: Persons. ‘Setting as/a‘condition for the {conclusion ofa sale of a good or ja sere the acceptance of the buyel-t6 J 1. Tid. 69»¥ 2- Coordination with regard to application to or Tetra from tenders, biddings, or transactions as Well. other procurement bids. 3- Constraining production and distribution operations. ‘The Law considered” horizontal agreements ang contracts: in themselves, not their outcome, as a violation (per se rule). What matters is proving the existence of a a, Contract or. an agreement, not the ensuing outsehne, x ie [if . The Law pfohibits agreements énd contracts between a person and any f its suppliers “or clients (vertical relation) if such ; are likely, to restrict competition. 7 The Executive ehlonions setthe criteria that should be used by the Competition Authority to determine these 7 te Z agreements and contracts: * ———— 1- Ibid: . 2 Ibid. - 66Section one Prohibited agreements The Law prohibits certain agreements and contracts between competing persons in the subject market (horizontal relation), which Is called Cartel; The Law has exhaustively listed these agreements and contracts: * i-Increasing, decreasing, or fixing prices of sale or purchase of products subject matter of dealings. Dividing. product markets according to.. geographic areas, distribution centers, type of customers, goods, or seasons or time periods. 1. Lamia Khalil, Overviéw of the Egyptian Competition Law, Att on the Internet * com/ove law,’ the:date of accessing. is: 21 September 65of the given agreement or contract on the sei of competition in the market. ppenefits accrued to the consumer by Wvirtue of the abject agreement or contract. / Ry ad 3-Considerations relevant to the preservation of the quality of the product and its brand name, as well as Ee its safety and security requirements. \ / / \ ; \ 4-Degrée of compliance of the terms of agreement or contract with established commercial norms governing the activity subject to examination.Section two Dominant person The Law prohibits any person with a dominany position on the relevant market from abusing thi, dominance, The person’s dominance is clear if all the following three elements exist together: 1 1-Market share should exceed 25% of the tota relevant market. 2,Should have the ability toympactthe prices ore supply of the product in-felevant market, 7 3-His competitors do not have the ability to limit his activities in the relevant market. eRe ee 1. Lamia Khalil, Overview of the Egyptian Competition La¥ Op.ct. 68