IIPA's 301 recommendations for Egypt addressed compulsory licensing issues

by James Packard Love

The International Intellectual Property Alliance (IIPA) February 13, 2006 301 recommendations contained these comments about Egypt:

"Repeal Provision Requiring Translation Into Arabic. Section 148 of the Code requires translation of all literary works into Arabic within three years of publication; if not, they are deemed to fall into the public domain. This is an extremely disturbing development. This unprecedented provision violates Egypt’s international obligations, is highly prejudicial to all right holders, including U.S. publishers, and it must be deleted.

"Repeal Overly Broad Compulsory License. Article 170 of the Code contains a compulsory license for copying and translating works. It is not limited to literary works in printed form, and apparently extends to computer programs and audiovisual works. Such a compulsory license is completely contrary to international law and would be devastating to the copyright industries if the Egyptian government allows for such practices. It must be fixed by implementing regulations, or deleted altogether.9 The Implementing Decree (Articles 4 and 5) fails to resolve this issue and leaves in place a Berne- and TRIPS-incompatible compulsory license.

"Delete Compulsory License Provision for Broadcasts. Article 169 permits broadcasting organizations to use works without seeking authorization. This amounts to a compulsory license and should be deleted.