Intellectual Property Rights and Plant Varieties Protection in Egypt: The new Sui Generis Regime, Public Interest and the TRIPs Agreement

摘要

In accordance with Art.27 (3) (b) of the TRIPs Agreement, WTO Members are required to protect new plant varieties either by patents or by an effective sui generis system or by any combination thereof. In implementing the obligations of TRIPs, Egypt has opted for the sui generis system rather than providing protection under the patents system. The system of protection is the first of its kind in Egypt.This article examines in depth the contents of the sui generis system for the protection of new varieties of plant in Egypt. The article then critically assesses the system of protection with a view to protecting the public interest. It afterwards proposes a number of important recommendations considered necessary to further enhance the protection of the public interest. Finally, the conclusion section summarises the subject matter and argues whether the protection provided under the law will be beneficial to Egypt and its nationals.