EGYPT
Reported in 2021
Pillar Telecom infrastructure and competition |
Sub-pillar Other restrictions to operate in the telecom market
Strict license requirements
It is reported that "the majority State-owned Telecom Egypt, holds a de facto monopoly in fixed-line telecommunications, primarily because the National Telecommunications Regulatory Authority (NTRA) has not approved additional telecommunications licenses". The Ministry of Communications and Information Technology owns 80% of the shares. The Egyptian Competitions Authority (ECA) has issued a report in 2016 on the "the abuse of dominance" by Telecom Egypt based on complaints the authority had received.
Coverage Telecommunications sector
EGYPT
Since February 2003
Pillar Telecom infrastructure and competition |
Sub-pillar Other restrictions to operate in the telecom market
Egypt Telecommunication Regulation Law - Law No. 10 of 2003
Art. 64 of Law No. 10 of 2003 on Telecommunication Regulations requires each operator and provider, at their own expense, to provide within the telecommunication networks licenced to them, all technical possibilities, including equipment, systems, software and communications, to enable the armed forces and national security entities to exercise their powers within the law. This could include capabilities for decrypting encrypted communications. Contravention of this prohibition is a criminal offence punishable by imprisonment and a fine of between 10,000 and 100,000 EGP (approx. 635 and 6350 USD).
Coverage Telecommunications sector
EGYPT
Reported in 2021
Pillar Telecom infrastructure and competition |
Sub-pillar Presence of shares owned by the government in telecom companies
Presence of shares owned by the government in the telecom sector
The Ministry of Communications and Information Technology owns 80% of the shares. The Telecom Egypt's monopoly of the fixed internet services and infrastructure market is reinforced by the Law No. 10 of 2003. Article 63 of the law stipulates that "the shares of Telecom Egypt, can be offered for sale at a partial value of the Company capital upon a decree from the Cabinet with the condition that the greater part of the capital remains State-owned".
Coverage Telecommunications sector
EGYPT
N/A
Pillar Telecom infrastructure and competition |
Sub-pillar Functional/accounting separation for operators with significant market power
Lack of mandatory functional separation for dominant network operators
It is reported that Egypt does not mandate functional separation for operators with significant market power (SMP) in the telecom market. However, there is an obligation of accounting separation.
Coverage Telecommunications sector
EGYPT
Since February 2003
Pillar Telecom infrastructure and competition |
Sub-pillar Maximum foreign equity share for investment in the telecommunication sector
Egypt Telecommunication Regulation Law - Law No. 10 of 2003
The Law No. 10 of 2003 sets restrictions on Telecom Egypt, which is the monopoly operator of the fixed internet services and infrastructure market. Art. 63 stipulates that "the shares of Telecom Egypt can be offered for sale at a partial value of the Company capital upon a decree from the Cabinet with the condition that the greater part of the capital remains State-owned".
Coverage Telecom Egypt
EGYPT
N/A
Pillar Intellectual Property Rights (IPRs) |
Sub-pillar Effective protection covering trade secrets
Lack of comprehensive regulation on trade secrets
Egypt does not have a comprehensive framework in place that provides effective protection of trade secrets, but there are limited measures addressing some issues related to them. Arts. 55–61 of Book One of Law No. 82 of 2002 on the Protection of Intellectual Property Rights provide some general information about trade secrets. Moreover, Art. 55 defines undisclosed information and Art. 58 defines what constitutes unfair commercial practices and the illicit acquisition and misappropriation of undisclosed information. However, unlike many other jurisdictions, Egyptian law puts a firm onus on the proprietor and/or owner of the undisclosed information to have in place adequate safeguards against the acquisition of the information. When no such adequate safeguards are judged to have been in place, the owner or proprietor of the undisclosed information is potentially held to also be liable for any illicit acquisition and misappropriation. Art. 57 states that “the person who is lawfully in control of such (undisclosed) information shall not be exempt from liability when others infringe the information, unless he proves that he has exerted reasonable and adequate efforts to preserve such information.
Coverage Horizontal
EGYPT
N/A
Pillar Telecom infrastructure and competition |
Sub-pillar Passive infrastructure sharing obligation
Requirement of passive infrastructure sharing
It is reported that there is an obligation for passive infrastructure sharing in Egypt to deliver telecom services to end users. It is practiced in the mobile sector and in the fixed sector based on commercial agreements.
Coverage Telecommunications sector
EGYPT
Since June 2002
Pillar Intellectual Property Rights (IPRs) |
Sub-pillar Mandatory disclosure of business trade secrets such as algorithms or source code
Law No. 82 of 2002 on the Protection of Intellectual Property Rights
According to Art. 56 of Law No. 82 of 2002 on the Protection of Intellectual Property Rights, the competent authorities may find it necessary "to protect the public" to require the disclosure of trade secrets (named "undisclosed information" in Egyptian Law). However, the law assures such information remains protected from unfair commercial use (Art. 57).
Coverage Horizontal
EGYPT
N/A
Pillar Intellectual Property Rights (IPRs) |
Sub-pillar Signature of the WIPO Copyright Treaty
Lack of signature of the WIPO Copyright Treaty
Egypt has not signed the World Intellectual Property Organization (WIPO) Copyright Treaty.
Coverage Horizontal
EGYPT
N/A
Pillar Intellectual Property Rights (IPRs) |
Sub-pillar Signature of the WIPO Performances and Phonogram Treaty
Lack of signature of the WIPO Performances and Phonograms Treaty
Egypt has not signed the World Intellectual Property Organization (WIPO) Performances and Phonograms Treaty.
Coverage Horizontal
EGYPT
Since June 2002
Pillar Intellectual Property Rights (IPRs) |
Sub-pillar Copyright law with clear exceptions
Law No. 82 of 2002 on the Protection of Intellectual Property Rights
Egypt has a copyright regime under the law Law No. 82 of 2002. However, the exceptions in the regime do not follow the fair use or fair dealing model, therefore limiting the lawful use of copyrighted work by others. Art. 171 lists the exceptions, which include making an analysis of the work, or excerpts or quotations therefrom, for the purpose of criticism, discussion or information; the reproduction, if necessary for teaching purposes in educational institutes, of an article, a short work or extracts therefrom; among others.
Coverage Horizontal
EGYPT
Reported in 2018 and 2020
Pillar Intellectual Property Rights (IPRs) |
Sub-pillar Enforcement of copyright online
Lack of adequate copyright enforcement online
Despite the progress made by the government to ensure effective enforcement of Egypt's Intellectual Property Law and its executive regulation, piracy and counterfeiting remain widespread with a high number of unlicensed satellite channels offering pirated broadcasts, unlawful decryption of encrypted signals, and unauthorized camcording. It is reported that the rate of unlicensed software installation in the country was 59% in 2017 (above the 56% rate of the Middle Eastern and African countries), for an estimated commercial value of USD 64 million.
Coverage Broadcasting, camcording
EGYPT
Since September 2003
Pillar Intellectual Property Rights (IPRs) |
Sub-pillar Participation in the Patent Cooperation Treaty
Patent Cooperation Treaty (PCT)
Egypt is a party to the Patent Cooperation Treaty (PCT).
Coverage Horizontal
EGYPT
Reported in 2022
Pillar Intellectual Property Rights (IPRs) |
Sub-pillar Practical or legal restrictions related to the enforcement of patents
Enforcement issues on patents
While it is reported that Egypt is striving to strengthen intellectual property (IP) protection and enforcement to counter cases of piracy ane reduce patent backlogs, there are also concerns about the lack of an effective mechanism for the early resolution of potential patent disputes.
Coverage Horizontal
EGYPT
Since August 2003
Pillar Intellectual Property Rights (IPRs) |
Sub-pillar Practical or legal restrictions related to the application process for patents
Resolution of the Council of Ministers No. 1366 of 2003 Issuing Executive Regulations for Law No. 82 of 2002 on the Protection of Intellectual Property Rights
Article 52 of Egypt Implementing Regulations for Law No. 82 of 2002 on the Protection of Intellectual Property Rights requires an applicant who is not a resident in the Arab Republic of Egypt, to appoint an Egyptian patent agent, to whom all notifications, documentation, and submissions provided for under the Law or these Regulations shall be sent.
Coverage Horizontal