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EDITOR'S NOTE

INTANGIBLE ECONOMICS

The phrase “a penny for your thoughts” has taken on new meaning now that the Trade-Related Aspects of Intellectual Property Rights (TRIPS) agreement has come into full effect in Egypt after a 10-year grace period.

At the heart of TRIPS are intellectual property rights (IPR), which include patents, copyrights, trademarks and trade secrets. Once considered an esoteric, and somewhat tedious, aspect of commercial law, IPR is now the focus of intense interest. And not just by lawyers. Everyone – from software makers to scientists and authors to marketing reps – has come to recognize the value of protecting IPR.

Even shaabi crooner Shaaban Abdel Rehim has joined the IPR bandwagon, singing “intellectual property... it’s everyone’s right” on one of his albums. Ironically, it’s one of countless albums pirated relentlessly and sold on the streets, without a piastre going to the original artist. Sorry Shaaban, Egypt just isn’t ready for your weighty ideals.

No, Egypt is still fumbling with the most basic forms of idea theft. Egyptian companies blatantly place their misspelled names on usurped trademark logos, Cairo factories churn out unlicensed knockoffs of international brands and tabloids unapologetically print uncredited articles copied word for word off the Internet. One magazine even resorted to filling its empty pages with ads scanned from other local publications in an attempt to look popular with advertisers.

For many – and not just in Egypt – the notion of ideas as property that can be owned, licensed, transferred or sold is a contentious one. On one hand, a person who invests considerable time and effort to create a new medicine, useful invention or work of art should receive due credit and compensation. While on the other hand, a person who discovers a cure to cancer should be legally obliged to share it with the world.

Contrary to popular belief, TRIPS does not attempt to force countries to adopt a universal IPR protection system. Instead, it lays down a set of ground rules by which each country must form its own IPR legislation. Protection and enforcement of these laws must extend to all patent holders, whether foreign or domestic.

Egypt’s IPR legislation is fully in line with TRIPS. So why all the fuss these days, especially in the pharmaceutical sector? It really boils down to a matter of interpretation. On one side are those who demand a literal reading of the legal text, while on the other are those who advocate following its spirit.

Egypt has had 10 years to prepare for TRIPS compliance. Sorting out the semantics may take a lot longer.

CAM McGRATH

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