New Constitutions Of Egypt, Tunisia Provide For IP Rights Protection For First Time

By Ahmed Abdel-Latif

Last January, Egypt and Tunisia enacted new constitutions which provide for the protection of intellectual property rights (IPRs), at the constitutional level, for the first time in the history of both countries. In addition, they include clauses which give priority to building a knowledge economy.

These developments, and their implications, are examined by Ahmed Abdel-Latif,[1] from the International Centre for Trade and Sustainable Development (ICTSD), in a recent article published by the Center for Mediterranean Integration (CMI),[2] a multi-partner knowledge sharing platform created in 2009 to support transformational reforms and integration in the Mediterranean region in areas such as the knowledge economy, sustainable growth and participatory governance.[3] In 2013, CMI released a major report on the knowledge economy and innovation in the Arab world.[4]

The new Egyptian constitution stipulates that the “State shall protect all types of intellectual property in all fields” (Article 69), and the new Tunisian constitution indicates that “intellectual property is guaranteed” (Article 41).

Given the general wording of these clauses, the article points out that it is the manner in which they will be implemented through national laws and judicial decisions that will be critical in ensuring that a balanced approach to IP protection is pursued.

Beyond IPRs, the new Egyptian and Tunisian constitutions include clauses which emphasize the need to support scientific research, innovation and creativity in the context of building knowledge economies.

According to the Egyptian constitution, the State encourages scientific research and its institutions as a means towards achieving national sovereignty, and “building a knowledge economy” (Article 23). It also commits to “allocate a percentage of government expenditures that is no less than 1% of Gross National Product to scientific research which will gradually increase until it reaches global levels.”

The Tunisian Constitution envisages that “the State provides the means necessary to the development of technological and scientific research” (Article 33).

According to the article, the knowledge economy related clauses in the constitutions of Egypt and Tunisia reflect the growing priority given by these countries to promoting innovation and creativity within the new socio-economic policies pursued since the Arab Spring.[5]

Ahmed Abdel-Latif is Senior Programme Manager for Innovation, Technology and Intellectual Property at the International Centre for Trade and Sustainable Development (ICTSD), Geneva. He is a former Egyptian intellectual property negotiator.

[1] Ahmed Abdel-Latif is Senior Programme Manager for Innovation, Technology and Intellectual Property at the International Centre for Trade and Sustainable Development (ICTSD), Geneva. He is a former Egyptian intellectual property negotiator.

[2] Ahmed Abdel-Latif, Egypt and Tunisia’s New Constitutions Recognize Importance of the Knowledge Economy and Intellectual Property Rights, Centre for Mediterranean Integration, March 2014.

[3] The Center for Mediterranean Integration (CMI) was created in 2009 following the signing of an Memorandum of Understanding between the founding members : Egypt, France, Jordan, Lebanon, Morocco and Tunisia, the European Investment Bank and the World Bank. The CMI maintains a longstanding partnership with a number of international and national institutions (see: http://beta.cmimarseille.org/about/partners).

[4] Transforming Arab Economies: Towards Knowledge and Innovation-Driven Development Strategies, Centre for Mediterranean Integration, The World Bank (2013).