Egypt Egypte Ägypten. Report Q182. in the name of the Egyptian Group by Ahmed Abu ALI, Samir HAMZA, Hossam LOTFI

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1 Egypt Egypte Ägypten Report Q182 in the name of the Egyptian Group by Ahmed Abu ALI, Samir HAMZA, Hossam LOTFI Database protection at national and international level Introduction on Current Position of Egyptian Law Database is protected as a copyright under Article 140 of the Intellectual Property Law (Law No. 82, 2002). Article 140 reads: Authors copyrights shall enjoy the protection of the present law on their literary and technical compilations, particularly the following compilations: 3- Databases, whether read on the computer or via other sets. Article 141 excludes certain database from enjoying copyright protection. However, the selection, arrangement and indexing of data that requires personal effort enjoys copyright protection (141/2): However, the foregoing sets shall enjoy protection if their collection is characterized by originality in order and display, or by any personal effort worth of protection. Definition of Database: Further, Ministerial Decision No. 82 of 1993 defines database to mean: Any collection or compilation of data that satisfies a creative step in their selection, arrangement and indexing that requires personal effort worthy of protection, in any form, whether such data is on an electronic media or otherwise. Level of Originality of Database: There are levels of creativity or originality (creative step) required for the collection (gathering) and compilation of a database to enjoy protection. Elements in Measuring Levels of Creativity This level is measured by all the elements below: 1) the selection of the data; 2) the arrangement of the contents of the data; 3) the indexing; and/or 4) the effort (hard work) exercised to produce the work (database). Egyptian Law only provides copyright protection to database, but does not have a sui generis protection to protect substantial investments in obtaining, verifying or presentation of the contents of the database, nor does Egyptian Law grant sui generis protection for non-original databases. 1

2 However, Egyptian Law protects collective and joint work associated with the creation of a database that meets the originality test. Article 138 (4 and 5) read as follows: 4) Collective Compilation: It is a compilation set by more than one author by direction from a natural or juridical person who undertakes to publish it in his name and under his management. The work of authors in it is merged in the general aim targeted by that person such that it becomes impossible to detach the work of each author and distinguish it separately. 5) Joint Compilation: It is a compilation that doesn t fall within the collective compilations, and it is set by more than one person, whether the share of each of them could or couldn t be separated. Hence, the concept of separate individual work (joint work) and inseparable (collective) work in a data base is recognized under Egyptian Law. Questions 1. Analysis of Current Legal Situation 1.1 Legislation Is there any legislation in your country dealing specifically with databases? If so, please describe it. See the Introduction above. 1.2 Definition of Database Is there any definition of the term database in your country s legislation or case law? If so, does it extend both to electronic and non-electronic databases? See the Introduction above. 1.3 Copyright Protection of Databases Subject Matter Does your country s law provide for copyright protection of compilations? If so, does it only cover collections of literary and artistic works or does it also cover compilations of data or material other than literary and artistic works? Yes, copyright protection is granted to compilations of both literary and artistic work and others Criteria of Protection If your country s law provides for copyright protection of compilations is the protection limited to compilations which by reason of the selection or arrangement of their contents constitute intellectual creations? Are there any supplementary criteria to selection and arrangement? What is the level of originality required for a compilation to be considered a work? Does hard work in gathering data, known alternatively as sweat of the brow, qualify a compilation as original? The level of protection for creations (original) compilation covers selection and arrangement of the content or personal effort to the creation of the work that may be worthy of protection. The test of Article 141 (2) cited above, clearly demonstrates that sweat of the brow qualifies as an original work worthy of protection. 2

3 1.3.3 Scope of Protection What is the scope of copyright protection of a compilation? To which extent can a compilation be copied without infringing the copyright in the compilation? The usual copyright protection granted to copyright owners. Copying the database without the permission of the owner creates an infringement case. 1.4 Sui generis Protection of Databases System of Protection and Subject Matter Does your country s law provide for sui generis protection of compilations of data such as databases? If so, is registration of the database required to secure sui generis protection? Does your country s sui generis system only cover databases which do not meet the criterion of originality or is there cumulative sui generis protection also for original databases protected by copyright? No. Registration is not required. However, the deposit of the database with the Information and Decision Support Center at the Council of Ministers is a requirement (if the database is in electronic form) or the National Library is a must (if the database is not in an electronic form). However, failure to deposit will not result in denying or loss of copyright protection. We do not have a special sui generis system of protection for database, whether the latter qualifies as creation or originality or not Criteria of Protection If your country s law provides for sui generis protection of databases what are the criteria of protection? If substantial investment is one of the criteria of protection, what is the level of investment required for an investment to be considered substantial? Only the sweat of the brow criteria are required for copyright protection for database, whether same requires substantial investment or not is not addressed under Egyptian Law Rights granted and Scope of Protection If your country s law provides for sui generis protection of databases what are the rights granted to the database maker? If extraction and re-utilisation are covered by any right, how are these notions defined? What is the scope of the sui generis protection? If substantial part is relevant in determining the scope of protection, how is this concept defined? Not applicable Limitations and Exceptions If your country s law provides for sui generis protection of databases are there any limitations or exceptions? If so, what are they (e.g. private use, scientific research, education, public security, government purposes)? Are there any compulsory licensing provisions under your country s sui generis protection regime? Compulsory license applies mainly to patents. The compulsory license for copyrighted works requires granting of a license from the competent authority for copying or translating the work for educational needs. The license shall be granted against the payment of a fair compensation to the author and provided further such compulsory license should not hinder or encumber the ordinary exploitation of the work or unjustifiably inflict damages to the legitimate interest of the copyright owner Duration of Protection How long is the duration of the sui generis protection?

4 1.5 Possible Alternatives for a sui generis System Unfair Competition Law Does your country have a law of unfair competition? If so, does it have a role in the protection of databases? If so, to what extent? Yes, the Commercial Code provides for unfair competition as well as the Civil Code under the concept of tort liability. We are not aware of any instance or case where unfair competition under Egyptian Law was used in the protection of database Other Means of Protection Does your country provide for any other means of protecting databases? If so, in which legal areas and by which mechanisms (e.g. contract law)? None, but Contract Law has been used to protect rights in general - although its scope is limited because it does not bind third parties. 2. Proposals for Adoption of Uniform Rules 2.1 Legislation Should legislation be enacted to deal specifically with databases? If so, should national legislation be enacted or is there a need for an international treaty on the protection of databases? No, the present legal situation in Egypt is sufficient to protect database. An international treaty for database may be required because database issue contributes to the growth of global information industry. 2.2 Definition of Database If you think that legislation should be enacted to deal specifically with databases what should the definition of database be? Should it extend to both electronic and non-electronic databases? See introduction above on the definition and scope (paper and paperless media) of the database. 2.3 Copyright Protection of Databases Do you think that copyright protection should be granted to databases? If so, what should the criteria of protection be? Do you think that the level of originality required for a database to be copyrightable should be low, so that sweat of the brow databases qualify as copyrightable? What should the scope of copyright protection be? The scope and test of database are outlined in the introduction. Under the Egyptian Intellectual Property Law, sweat of the brow qualifies for protection. 2.4 Sui generis Protection of Databases System of Protection and Subject Matter Do you think that sui generis legislation should be enacted to protect databases? If so, should there be a registration system to secure sui generis protection? Should the sui generis system only cover un-original databases or should there be the possibility to obtain cumulative sui generis protection also for original databases protected by copyright? We believe there is no need for an additional protection for database in the form of a sui generis system. 4

5 A sui generis system to cover non-original database (i.e. databases that have failed to meet the originality test) should not be granted or enacted. This will open protection to other forms of intellectual property such as patents that do not meet the novelty and industrial application tests to be protected under a sui generis system Criteria of Protection If you think that sui generis legislation should be enacted to protect databases, what should be the criteria of protection? If you think substantial investment should be one of the criteria of protection what should be the level of investment required for an investment to be considered substantial? No to all questions Rights granted and Scope of protection What rights should be granted to the database maker? If you think that extraction and reutilisation should be covered by the rights to be granted how should these notions be defined? If you think that substantial part should be relevant in determining the scope of protection, how should this concept be defined? None to the database maker. The rights should be granted only to the copyright owner of a database Limitations and Exceptions Should limitations or exceptions be granted? If so, which ones (e.g. private use, scientific research, education, public security, government purposes)? Should there be any compulsory licensing provisions? N/A See answer to above Duration of Protection How long should the sui generis protection be? Assessment of existing sui generis systems If your country already provides for sui generis protection of databases, do you think the system should be revised? If so, why and in what ways? Possible Alternatives for a sui generis system If your country does not have unfair competition rules or if your country s unfair competition law does not have a role in the protection of databases do you think your law should be changed, so as to provide database protection on the basis of unfair competition law? Should there be any other means of protecting databases which your country does not offer or not fully take into account? If so, which ones? There already exist, under Egyptian law, concepts of unfair competition that can be used by a database copyright owner or database makers. 3. Miscellaneous We suggest that an international treaty be drafted for the harmonization of the issue of database. 5

6 Summary Database is protected under the Intellectual Property Law. The protection is extended to the selection, arrangement and indexing, if such activity requires personal effort. The law excludes certain database from its protection, namely: mere concepts or methods of work. Although the Law does not provide protection for compilation of laws, statutes, judiciary rulings or news, such compilation shall, however, be protected if the compilation was original and personal effort was exerted to compile it. The Law does not have a sui generis protection to protect substantial investments in database creation, verification or presentation. 6