The opening session was headed by Ms. Hoda Serag El Din who gave a welcome speech to the audience followed by welcome speeches from representatives from the above organizations in addition to Counselor Hisham Ragab who represented the Ministry of Industry and Trade in Egypt by giving a speech on behalf of the Minister.

The audience totaled around one hundred and twenty (120) participants from different sectors involved in the IP field (patent attorneys, lawyers, industrialists and government officials responsible for IP).
 

Intellectual Property Serving Entrepreneurship

Moderator:  Dr. Mustafa Abou El Enein
                     Head of the Commercial Registry

i) WIPO’s Role in Enhancing IP for Small and Medium Enterprises

Speaker:    Counselor Amr Abdel Aziz
                     WIPO

ii) IP Serving Small and Medium Enterprises (Practical Examples)

Speaker:     Mr. Abdul Motei Lotfi

The main topic of that session was Intellectual Property Serving Entrepreneurship.

The first speaker was Counselor Amr Abd El Aziz and he addressed WIPO’s role in enhancing IP for small and Medium Enterprises.

Counselor Abd El Aziz highlighted WIPO’s mandate in protection and promotion of IP, the large membership base (182) states. WIPO has a number of treaties administered by WIPO (23) treaties which aim at protecting IP. Counselor Abd El Aziz then highlighted the relationship between IP and market development and the fact that such intangible asset in today’s economy plays a great role and has a great value.

Counselor Abd El Aziz thereafter explained that IP may be used by Entrepreneurs in a pathologic manner, i.e. basically to fight counterfeiter and in a dynamic manner to develop the market.

IP requires management to acquire, control the use thereof, manage (i.e grant licneses), and utilize as an asset.

WIPO assists SME by proving information and support through its web site, publications, news letter and by means of distance learning. Therefore, SME may receive information and take procedure without need for a mediator/third party to save costs.

The second speaker was Mr. Abdul Motei Lotfi. Mr. Lotfi’s speech revolved around practical examples in IP serving SMEs.

Mr. Lotfi focused in his speech on a very critical and sensitive issue namely using IP to protect SMEs from employees and customer misuse.

Mr. Lotfi cited the actual experience he had with employees resigning and then competing with the former employer using IP such employer owns. Naturally, the ability to prohibit such use of IP would differ based on whether the IP is protected or not.

The same issue arises when a customer being a distributor decides to utilize a supplier IP (trade mark/design) and promote a product the distributor decides to produce.

 

Mr. Ali Jaiziri’s presentation tackled the impact of Successful Technology Licensing (STL) for Small and Medium Enterprises (SME) on economic growth. To reach a STL, a party must own a valuable IP licensed to another party in the context of a business relationship. The interests of the parties are typically different but a successful agreement can be reached when the following four (4) key terms are negotiated and well addressed: (i) subject matter: what is licensed?; (ii) scope: what can you do with it?; (iii) financials: what value does it have and means of compensation?; and (iv) upgrades: what will happen with it in the future?

Building on Mr. Jaiziri’s presentation, Mr. Samir Hamza went on to discuss how the Egyptian Commercial Code No. 17 of 1999 addresses technology transfer contracts (TTC). At the outset, TTCs must be in writing and its duration should not exceed five (5) years, subject to renewal. The Code prohibits a number of practices, unless otherwise agreed by the parties, and imposed obligations on both parties, which aim to (i) protect what the law sees as the weaker party, the licensee; and (ii) distribute responsibilities and risks among the contracting parties. Finally, the Code requires the application of Egyptian law and grants exclusive jurisdiction to Egyptian courts; an issue that caused a lot of controversy.