The decree (Decree No. 43 of 2016) provides that a record shall be created at the General Organisation for Export and Import Control (“GOEIC”) for factories and companies eligible to export their products into Egypt. This amends Decree 992 of 2015 and all previous contradicting legislation and changes the position for exporters of products into Egypt substantially. The purpose of the legislation is to act as a safeguard against counterfeit products entering the Egyptian market with a view of protecting the interests of both consumers and trade mark owners.

In order to be registered on the record, owners of trade marks are required to submit the following authenticated documents to the GOEIC:

  • a power of attorney from the company owning the trade mark duly legalised up to the Egyptian Consulate;
  • a certificate with the registration of the trade mark and the products produced under it;
  • a certificate from the owner of the trademark listing the distributors or distribution centers allowed supplying the items bearing such trademark; and
  • a certificate the owner of the trademark proving that the company applies a quality control system issued from an recognized body certified by one of the accredited bodies from the International Laboratory Accreditation Cooperation (“ILAC”) or the International Accreditation Cooperation (“IAF”) or an Egyptian or Foreign governmental entity approved by the competent Minister of Foreign Trade.

In order to be registered on the record, factories are required to submit the following authenticated documents to the GOEIC:

  • the legal identity of the factory and the license issued for it;
  • list of the products emanating from the factory and its trade marks;
  • a product trade mark and the trade marks produced under license from their owners; and
  • a certificate endorsing the fact that the factory applies a quality control system issued from an recognized body certified by one of the accredited bodies from the International Laboratory Accreditation Cooperation (“ILAC”) or the International Accreditation Cooperation (“IAF”) or an Egyptian or Foreign governmental entity approved by the competent Minister of Foreign Trade.

It must be noted that not all products are subject to the decree. For a copy of Decree No. 43 of 2016 can be downloaded from Egptian Governments’ GOEIC website here.