The Intellectual Property's Rights are divided into two sections:

Industrial Property's, and Artistic and Literary Property's
Industrial Property's

Types of Industrial Property's are patents, utility patterns, drawings, industrial patterns, trade marks, trade names and geographical indicators.

Artistic and Literary Property's

It includes copy rights and what is connected to it of actors rights, Audio-records producers, Radio Authorities which are called the rights neighboring to Copy rights.

The intellectual property's with its two divisions, differs from the property's of money because the right of intellectual property's does not express property or movable money but it expresses the non visual minded production of man in all its types. This right is intellectual which has money value. The intellectual property's rights differ from personal rights because the personal rights express legal bond between the debtor and the debtee but this bond does not exist in all types of Intellectual Property's.

History of Intellectual Property's

It is evident that the inventor has the right to utilize the invention without applying to have a patent. He can hide the secret of the invention and use it for his sake only. For example, if a person invented new industrial method to produce certain article, and he did not apply to have a patent for his new method. This may be considered as a great fault because another person may discover the same method and the first inventor will lost the protection of his invention.

Conditions of having patent:

To have the patent , the invention should have the following conditions:

•  The invention should be innovative (innovation condition)
•  It should have a creative procedure.
•  It should be applicable.

The patentee's rights and protection period:

The patent gives its owner a monopolized right to prevent others to manufacture the product or use the industrial method. This right is not eternal but it is determined by certain period which is 20 years in most legislations that starts of depositing the application to have the patent (1)
. At the end of the patent protection period, the patent is cancelled and any one has the right to use the invention without the permission of the patent owner.

Commitment of the patent owner to utilize the invention:

The Egyptian legislator obligates the patent owner to use the invention to provide the product to the customers inside the country. But the legislator did not obligate the patent owner to use the invention himself but he can give others license to use and produce the invention at the market.

If the patent owner breached his commitment, the concerned authority has the right to give others obligatory license to use the patent according to the conditions of law. The article 31 of TERAIS Agreement stated that the member countries at the International Trade Organization should consider the right of giving the obligatory license.

II: Design

esign means any arrangement of lines, colored shapes or non-colored ones that may be used in industrial production by mechanical, manual or chemical method. The design are used in decorating products in packaging, covering or the product itself.

Examples of such lines and decorative colors are that appear on the carpets and the on the surfaces of the products to give them beautiful appearance. But the industrial patterns are those external forms that the products may take to be with a good appearance. The drawing may be put on the products manually as colored paintings on containers and broidery on the cloth or carving on the wooden and metal products. The drawings may be made mechanically as printing on clothes or may be formed chemically such as dying (2) .

The legislations of the countries to protect design may differ severely. In Europe the legislations of protecting design may similar to the method that is followed to protect the copy rights (especially in France and Germany). But there are other European countries that may protect their design according to a system similar to that of the patent such as Scandinavian countries and United States of America that may protect design through law of patents (3) .

In Egypt, design were protected according to law No.132 for Year 1949 concerning patents and industrial patterns. The law put a new protection for intellectual property's that may protect it as it was mentioned in the second chapter of the second book (Articles from 119 - 137).

Conditions of protecting design:

•  impossible to give monopoly right of it because it lacks the element of innovation (5) .

•  drawing or the pattern should not be connected to the product function. The drawings or industrial patterns that are connected to the product function should not be protected. The protection only should be to the beautiful aspect. For example the shape of the plane body is not valid to be registered as industrial pattern as for the plane takes this form to be able to fly.

•  The drawing or the pattern should be prepared to be applied on the industrial products. The industrial products that may have these drawings or industrial patterns are those articles that may produced by the industrial projects. Therefore, drawings of buildings and constructions may be discarded and this means that building designs are not considered industrial drawings and those drawings may be protected in most legislations by laws that protect the copy rights. Upon what is mentioned above, the industrial drawing has not a value in itself because it losses its value if it is separated form the products (6) .

Design registration and its effect:

The right of property's of the drawing or the industrial pattern follows who invented it. The concerned design authority verifies the registration applications to assure of existing the protection conditions from the formal aspect in the countries that take with the system of creation. The registration of drawing or the industrial pattern gives monopolized right to the owner of the drawing or the industrial pattern to prevent others from manufacturing the products that may contain the registered drawing or pattern. He can also monopolize the right of selling or importing it. The drawing or the industrial pattern is not considered as an acute proof that there is an element of creation or innovation and that who introduced the application is the owner of the drawing or the industrial pattern. The registration result is that registration is a proof on that who registered drawing or the pattern with his name is its owner. And this is a simple proof that accepts to the opposite.

Protection period:

III: Trade-marks:

Trade-mark means every sign or symbol that is used as emblem to distinguish products of a commercial or industrial project, or it may be taken as emblem of the services that the project introduces.

Trade or industrial mark aims at distinguishing products to attract clients and customers and to enable them to recognize what they prefer of goods and articles (7) . The article 63 of the Egyptian law of Intellectual Property's protection No. 82 for year 2002, defines the trade-mark that “…it is what distinguishes a product or a service than others. It also includes especially the names that takes special form, signatures, words, letters, numbers, drawings, symbols, shops titles, stamps, seals, pictures, prominent carves, colors with special form, or any mixture of them if they are used to distinguish industrial products, agricultural exploitation, forests exploitation, earth exploitation, or any goods that may be used to indicate to the product source, the manufacturer, its type, rank, guarantee or method of preparation. It may also indicates to introducing a certain service. In all cases the trade-mark should be visual.

Trade-marks can be divided into two types:

First type: Products Trade-marks

They are those that may be used to distinguish certain project products from other similar products.

Second type: Mark of service

The service mark is used to distinguish the services that the project introduces. Such as the service mark that belongs to the airline company TWA and the distinguishing marks of Exchange companies, Hotels, Tourist Establishments and companies of Advertising and Propaganda.

The cancelled Egyptian law of Trade-marks and data No. 57 in year 1939 did not state the protection of the service trade. The Egyptian legislator added the service mark after that to the types of the marks that may be registered according to law No. 397 in year 1958 concerning service marks.

Trade-name is a name that the merchant uses to distinguish his commercial project. It is an essential element of the elements that the commercial shop is known by its name. Consequently, the more the shop acquires commercial reputation the more this reputation is connected to the trade-mark. The trade-name is used to indicate the institution by writing it on the papers, letters, pamphlets, advertisements and invoices.

It is evident that the function of the trade-name differs from the functions of the trade-marks. While the trade mark is used to indicate to the article or the service and distinguishes it from other articles and similar services. It also indicates the source of the products and its good level. The trade-name is used to distinguish the commercial institution, but this does not hinder the merchant of using the commercial name of the institution as a trade-mark to distinguish its products or services.

Therefore, the same phrase that may the trade-name is consisted of it may be used and protected in double ways.

Conditions of registering Trade-marks:

It is not enough for the trade-mark to take a certain form to be legally protected but it should have many conditions. The Egyptian legislator obliged that there should be three conditions for the trade to be registered. It should be with a distinguished characteristic, innovative and not contradicted with the Public Morals or Public system.

First conditions: The mark should be distinguished:

The mark will not be legally protected unless it has a distinguished characteristic. The article No. 67 of the new law of protecting intellectual property's No.82 in year 2002, stated that “ the mark that does not have special characteristic will not be registered as a Trade-mark such as….”

•  The mark that is free from any distinguishing characteristic or that is consisted of marks or data which is known by according to the customers. The condition of getting the mark takes certain shape does not mean that it should be creative or artistic work, but it should be distinguished from other marks on the other articles to prevent any confusion at the ordinal consumer. The mark that is consisted of familiar squares or triangles is not considered a correct mark. Also the marks that are free from any distinguishing characteristic is incorrect. The mark should have a beautiful appearance to perform its role in indicating to the products and distinguishes them of other similar products. Upon that it is not available to register common drawings and words that may be used to indicate to the type of the product or source as a trade-mark such as Holland cheese or Yemen Coffee (8) .

•  The mark that is consisted of regular name of the article or the service that is used to indicate to itself, such name is not considered a correct mark because it is considered as a part of the language that all can use. It is not possible for anyone to use the name himself and preventing others of using it. The Egyptian Judiciary stated that it is not possible to take a word “Plant product” to distinguish the Plant oil. (9)

•  The descriptive mark is not considered a correct one that may be protected. The descriptive mark means the mark that shows the elements that consist the article or the core characteristics of the products. For example, the mark that is consisted of a picture identical to the products such as a picture of an orange to distinguish the orange juice is not a correct mark that is correctable because any merchant can not monopolize the use of it without others (10) .

Second conditions: The mark should be innovative:

The trade-mark will not correctable legally unless it is new and was not used by others to distinguish similar products. The mark losses the element of innovation if it is used to distinguish other similar products. The similarity between two marks means that they may lead to confusion among people. The Egyptian Cassation Court stated that the separation between two marks is containing one of them letters, symbols or pictures which may exist in the other mark. The final judgment is the overall picture that exists in the mind as a result of composing that picture, symbols or the shape that shows in other mark regardless the other elements composing the mark and if the mark shares a part or more of the other mark (11) .

It is stated that the Trade-mark property's gives its owner the right of monopolizing it as a symbol of the products or services that the project introduce, and this right should be respected inside the state.

Trade mark is new only if it was not previously used in the same city, any other or party of the country (13) . Once a mark is determined to characterize a given product in a given city, no other product of the same kind can assume the same mark in another city, because goods can be exchanged in every region within the borders of the country.

Usage of trade mark in a foreign country is not a barrier to local usage of the same mark since the foreign one is not previously registered in Egypt.

As it is not protected by the national law that is concerned only with the protection of trade marks which are registered in Egypt unless the foreign trade mark is well – known (14) .

Obtaining General Property:

Originally speaking trade mark emerges from using the trade not from its registration. In accordance with clause 65 of Intellectual Property Protection Low 82 of 2002 the general (public) property of trade mark is obtained against usage not against registration. Registration is a mere evidence of usage seniority. Evidence in such a manner is subject to be defied by another party within the first five years from the date of registration. If this does not happen then the evidence is incisive and no claim of seniority from other parties are accepted. Yet appeal is unproscribed against trade registration in any span of time as long as registration is accompanied with ill intention.

Duration of Protection:

The duration of trade mark protection in the Egyptian Law is 10 years from the date of registration. The user of mark has the right to renew it continually, but the owner of the mark has a permanent right since the trade mark characterizes the products of the project obtains fame and more value as time goes by.

IV Copy rights and Proximal Rights:

What is an copy right?

Copy right is a legal term describing the rights attained by creative figures regarding their rated works of literature and art. Copy right includes the following works:

Literary works such as novels, poems, plays, references, newspapers, computer software, data bases, movies, musicals passages, dancings designs, paintings, drawings, photographs, sculpture works, architectural work, geographical maps and technological outlines.

The original creative person is protected by the copy right as well his heir regarding some of the basic rights as they have the right to take exclusive possession of such works and permitting others to use them against agreed terms and condition.

The creative person can forbid or allow the following:

•  Copying the work in any form: printed or recorded.
•  Performing the work before audience as is the case with plays and musical composition.
•  CD or video recording.
•  Broad casting via radio, cable or satellite.
•  Translating into foreign languages and converting novels into movies.

Some protected creative works necessitate mass distribution that exploit means of communication and media as well as financial investment for so doing ( such as publications, audio and video records). This is why a large number of creative people sell their rights to person s or companies that are abler to market the work of art in return for an agreed sum of money that is often correlated with actual profiting from the work, consequently they are referred to as royalties. The respite of such financial rights extends to 50 years often the death of the creative person according to the concerned Wippo Agreements, longer respites according to national laws. During such respites permit creative persons and their heirs to enjoy the revenues of the creative work for a considerable period.

Rights of the anther include as well the non- materialistic rights which accordingly, and in turn makes the creative person assume the right to claim a proportion of the party that profit of the work of art as well as the right to object against any alternation or change that is done to the work in a manner that may hurt the reputation of the creative person. The creative person or owner of the right of the author can assure that his rights are respected on the administrative lend on at courts by searching places for evidence of producing goods that are related to protected works of art or being illegally possessed by hacker. The court can issue commands to terminate such activities and the creative person can request compensation for the harm that is done him and asks for loss to be caused by the violating party. The field of proximal rights has rapidly developed over the previous fifty years side by side with protected works according to the rights of the author to include similar rights that are often more limited in both capacity and duration. These are:

•  The rights of performers (musicians and actors).

•  The rights of audio record producers (Cassette tapes and C Ds).

•  The rights of radio corborations regarding their broadcast programmers in radio and T V.

The rights of the author as well as the proximal rights are original for human creativity as they encourage creative people and provide them with recognition and financial fair rewards so as to assure them of the possibility of publishing their works with no fear of un-permitted copying or hacking so as to widen the scope of opportunities for cultural, knowledge as well as widening the possibility of enjoying their works by all peoples all over the world.

With the wide spread technological out break, the field of these rights extended during the previous decades with the invention of international methods of communication such as satellite broadcasting , CD,.. etc.

In addition to Internet publications as the latest form of mass communication to make new persistent questioning arise about the rights of the author, the Wippo closely takes part in the current dialogue on the international level so as to set new standards of protection to keep these right aloof in the electronic space.

The organization manages the Wippo treaty concerning audio performance and recording ( Known together as the internet treaties) in most cases. The two treaties have set international regulations so as to provide sound protection to creative product on the internet or any other digital networks.

The right of the author in itself does not rely upon official measures as creative products are protected since they are prepared. Several countries have started national offices and departments for the rights of the author protection. Some laws register creative works for naming them to differentiate similar works.

In Morocco the legislator for the first time employed the term “Proximal rights” as a legislative concept and gave it a specific definition that is to say they are similar to the rights of the author but differ regarding their nature . This is why the proximal rights were not included in the chapter of the rights of the author, rather they were set in an independent chapter including rights of some persons that my be similar at minimum.