IPR snags

IN AN upholding of Egypt's commitment towards the agreement on Trade Related Aspects of Intellectual Property Rights (TRIPs), the Egyptian judicial system recently refused a request made by an Egyptian pharmaceuticals company, Apex Pharma, to stop the execution of a decree granting Eli Lilly, the US pharmaceuticals company, the exclusive marketing rights (EMR) for one of its own products.

The claim was filed by Apex Pharma against the minister of health and population and the chairman of the Academy of Scientific Research and Technology for granting the EMR to Eli Lilly. The company demanded LE1 million in compensation.

Sarwat Abdel-Shahid, lawyer of the Supreme Court and the legal counsel of Eli Lilly who had intervened on behalf of the defendants, explained that his client had been granted EMR for its Olanzapine substance in 2000 following the issuance of Prime Ministerial Decree No 54/2000 authorising the Academy of Scientific Research and Technology to issue exclusive marketing certificates.

The TRIPs agreement, which came into effect in 1995 with the creation of the World Trade Organisation, obliges signatory countries to protect all forms of intellectual property. However, the agreement allows developing countries the right to postpone the application of the provisions relating to the protection of patented products for a five-year additional period after the transitional grace period which ended in 2000.

But while able to benefit from the additional grace period, developing countries have to make it possible for companies to file applications for obtaining patents and to grant EMR for a period of five years or until a patent is granted.

Earlier this year, the Egyptian Intellectual Property Rights (IPR) law was approved by parliament. IPR protection is among the issues that the US has often said Egypt needs to work on if a free trade area with Egypt is to be made possible.

Limited return

A LIMITED number of Egyptians -- who numbered approximately 800 by Sunday -- have returned from Gulf countries via the southern Sinai port of Nuweiba since the outbreak of war in Iraq.

The Ministry of Social Affairs and Insurance decided to make provisions for the returning nationals and has allocated LE500,000 for the purchase of foodstuffs, LE100,000 for emergencies, and has set aside an additional LE500,000 for needy cases.

Minister for Social Affairs and Insurance Amina El- Guindi said that around 150 tents had been prepared to provide temporary housing for the returnees until they have been sent back to their home governorates by the various bodies in the southern Sinai governorate. A senior official in the governorate said that several food supply outlets had been opened at Al- Hojaj village in Nuweiba in addition to a medical clinic and an ambulance unit.

The official added that the village housing the returnees had been provided with electricity, water, health care and security measures.

Education for all

THE MINISTRY for Higher Education and Scientific Research announced the implementation of a state of readiness to deal with possible consequences of the war against Iraq. During a meeting on Saturday, the Supreme Council for Universities decided to allow Egyptian students returning from Gulf countries because of the war to enroll in various Egyptian university departments. The students will be registered according to the systems already in place in those faculties.

The council also recommended implementing measures for Arab students wishing to resume their studies in Egyptian universities and institutes. Egyptian staff working in Arab universities also have the right to assume the posts they previously held in Egyptian universities as soon as they arrive in Egypt. This also applies to schools, and the Ministry of Education has ordered various educational establishments to accept returning children into Egyptian schools.

Businessman sentenced

ON SUNDAY the State Security Misdemeanours Court sentenced businessman Hossam Abul-Fotouh to three years imprisonment with hard labour on charges of possessing hidden surveillance devices and invasion of privacy. Abul-Fotouh, who had been an agent for BMW in Egypt for the past 20 years, was acquitted of the other charges of smuggling surveillance devices or their components.

Abul-Fotouh was shocked after hearing the verdict and he declined to grant interviews. His lawyer told reporters that he intends to contest the verdict before the Court of Appeals within the coming 10 days.

The court found the defendant guilty of the first charge based on the testimony of eye-witnesses, who stated that Abul-Fotouh was the sole owner of the villa in Maadi where the surveillance devices were found.

He was found guilty of the second charge of invasion of privacy based on video tapes and CDs which contain footage of sexual encounters between Abul-Fotouh and various well-known women and actresses.

Abul-Fotouh faces another charge of failure to repay bank loans amounting to LE1.5 billion. The case is still being investigated.

BMW changes representative

BMW AG announced last week that the Bavarian Auto Trading Company will be its new group representative in Egypt. The new representative will have exclusive rights for assembly, import, distribution and after sales support for BMW Group products in Egypt.

The new representative was chosen following months of uncertainty after a decision was made not to renew car manufacturer Hossam Abul-Fotouh's licence. Abul-Fotouh, who had represented BMW for the past 20 years, failed to have his licence renewed in the aftermath of being referred to the prosecutor- general and having his assets sequestrated, following a default on some LE1.5 billion to banks.

According to a BMW press release, the new representative is also in the process of establishing a new assembly plant for various models of BMW's. Ulrich Urban, chief executive officer for Bavaria Auto Trading Company, was quoted in the press release as saying that equipment for the new plant has already been ordered and production is due to commence this year. However, there are also rumours that BMW is negotiating with the Hossam Abul-Fotouh family to purchase their BMW assembly plant. The two sides have yet to agree on a price, however.

Compiled by Mona El-Nahhas

Al-Ahram Weekly Online : 27 March - 2 April 2003 (Issue No. 631)
Located at: http://weekly.ahram.org.eg/2003/631/eg5.htm