In the growing world of business, legal affairs for companies become indispensable to ensure continuity of success and development. Corporate lawyers are the essential partners in this field, representing the backbone in establishing companies and providing the necessary legal support for their successful operation.

Legal Support for Company Establishment:

Establishing companies is not merely an administrative procedure but a process that requires legal expertise and precise knowledge of local and international policies and legislations. Corporate lawyers provide their expertise in company establishment through consultations and guidance, ensuring compliance with applicable laws and regulations.

Dealing with Legal Affairs:

After the company is established, the role of corporate lawyers continues by providing the necessary legal support to deal with the legal affairs related to the company. This includes drafting legal documents, providing consultations, and assisting executives in negotiations and agreements with other companies.

Specialized Expertise:

Corporate lawyers excel in dealing with company and institutional issues with speed and efficiency. Business activities require quick and decisive actions, which corporate lawyers excellently provide.

International Presence:

Corporate lawyers are not limited to working within the country but also venture internationally to enhance their expertise and expand their services. They attend international conferences and meetings to stay updated on the latest developments in commercial law and apply them to companies.

Comprehensive Legal Consultations:

Corporate lawyers offer comprehensive legal consultations to individuals, companies, and institutions, including representation in courts, contract drafting, documenting administrative decisions, and dealing with financial and commercial issues.

Benefiting from Experience:

If you are considering establishing a company inside or outside the Arab Republic of Egypt, do not hesitate to seek the services of corporate lawyers from the Commercial and Maritime Law Group, where you will receive the highest levels of privileges to start your journey in the business world with confidence and reassurance.

By relying on the experience of corporate lawyers, you can ensure the protection of your rights and achieve your legal goals with high efficiency and professionalism.

The post Corporate Lawyers: Your Legal Partner in Business Success appeared first on H&Z Law Firm.

In the business world, Turn your innovative idea into a thriving company represents an exciting challenge and an amazing opportunity at the same time. With the support of Egypt’s General Authority for Investment and Free Zones, entrepreneurs and business leaders have a real chance to achieve their dreams and turn their ideas into tangible reality. In this article, we will explore the key steps to achieving this goal.

1. Clarifying the Idea: Before taking any further steps, you must clarify your idea clearly and precisely. Understand the problem you aim to solve, and identify the opportunities that may arise from it to develop your idea.

2. Conducting Feasibility Studies: Conduct a comprehensive feasibility study for your practical idea. Is there a genuine need for your product or service in the market? What financial and human resources will you need to start your business? A feasibility study can be the basis for determining the success potential of your idea.

3. Seeking Funding: Obtaining initial funding is crucial. Explore all available options, from bank loans to venture capital, and do not overlook the support programs for startups provided by Egypt’s General Authority for Investment and Free Zones.

4. Establishing the Company: After securing funding, you should proceed to establish your company with the assistance of the Egypt’s General Authority for Investment and Free Zones. Determine the appropriate type of company and complete the necessary legal procedures for registration and establishment.

5. Benefiting from Government Support: Do not hesitate to take advantage of the programs and initiatives offered by the Investment Authority to support startups and promote innovation and entrepreneurship in the Egyptian market.

6. Building the Team: Build a strong and enthusiastic team to achieve your goals. Look for inspiring individuals who possess the skills and experience required to support the success of your company.

7. Marketing and Promotion: Utilize appropriate marketing and promotional strategies to enhance your company’s position in the market and attract more potential customers.

Conclusion: As a hub for cultures and ideas, Egypt provides an ideal environment for innovation and entrepreneurship. With the support of Egypt’s General Authority for Investment and Free Zones you can achieve your dreams and build a successful company that meets the needs of the market, contributes to the development of the local economy, and raises the standard of living in the community.

“With the support of Egypt’s General Authority for Investment and Free Zones, entrepreneurs can achieve their dreams and build successful companies that contribute to economic and social development in Egypt, achieving sustainability in the long term.”

The post How to Transform Your innovative idea into a thriving company appeared first on H&Z Law Firm.

The Egyptian Commercial law no. 17 of 1999  included in part two, chapter one of the Transfer of Technology Contract (TOT), from Article 72 to 87, regulating all the matters regarding the Transfer of Technology including the significant changes in the technology field and the legal issues and conflicts between its parties.

What does the Transfer of Technology Contract mean?

Looking at it from a legal point of view, a Transfer of Technology Contract is an agreement whereby the (technology supplier) undertakes to transfer technical information in return to the (technology importer) for use in a special technical method for the production or development of a specific commodity, or for the installation, or operation of machines, or devices, or for the providing of services.

Buying, selling and leasing goods is NOT considered a Transfer of Technology

Nor shall the sale of trademarks or trade names or the licensing of their use be, unless this is stated as part of, or is related to, a technology transfer contract.

In other words, a Transfer of Technology Contract must include a transfer of the actual know-how of the technology rather than the product itself.

It is important to keep in mind that the provisions included in The Commercial Law no. 17 of 1999  shall apply to every contract for the transfer of technology to be used in the Arab Republic of Egypt, whether such transfer takes place internationally across the territorial borders of Egypt or internally. In both cases, the nationality of the parties to the agreement or their places of residence aren’t considered, the provisions of this chapter shall also apply to every technology transfer agreement concluded in a separate contract or within another contract.

Form of the agreement

According to Article 74 of the Commercial Code No. 17/1999,

(a)-The technology transfer contract must be in writing, otherwise, it will be null and void.

(b)-The contract must include a statement of the elements of knowledge and its dependents that are transferred to the technology importer.

(c)-This statement may be mentioned accompanied by feasibility studies, instructions, designs, engineering drawings, maps, pictures, computer programs and other documents that show knowledge in appendices attached to the contract and considered part of it.

Restrictions

Every condition under a Transfer of Technology Contract that restricts the freedom of the importer to use or develop it, or to define or advertise the production shall be void.

This applies in particular to the conditions related to obligating the importer to do one of the following:

1. Acceptance of the improvements made by the supplier to the technology and the performance of its value.

1.  Prohibiting the introduction of improvements or modifications to the technology to suit the local conditions or the conditions of the importer\’s facility, as well as prohibiting the acquisition of other technology similar or competing with the technology under contract.

1. The use of certain trademarks to distinguish the goods for which technology was used in their production.

1. Restricting the volume of production, its price, or how it is distributed or exported.

1. The supplier\’s participation in the management of the importer\’s facility or his involvement in the selection of its permanent employees.

1. Purchasing raw materials, equipment, machinery, devices, or spare parts to operate the technology from the supplier alone or from the facilities designated by him exclusively.

Supplier obligations

The technology supplier is obligated to disclose to the importer in the contract or during the negotiations prior to its conclusion the following:

1. The risks that may arise from the use of technology, in particular with regard to the environment, public health, and the safety of life or money, and he must inform him of the means he knows of to prevent these dangers.
2. The lawsuits and any other obstacles that may impede the use of technology-related rights, particularly those relating to patents.
3. Provisions of domestic law regarding authorization to export technology.
   • The supplier is obligated to provide the importer with information, data and other technical documents necessary to absorb the technology, as well as the technical services required by the importer to operate the technology, in particular, experience and training.
   • The supplier is also obligated to inform the importer of the improvements that he may make to the technology during the validity period of the contract and to transfer these improvements to the importer upon his request.

The supplier is obligated, throughout the term of the contract, to provide the importer, upon his request, with spare parts that he produces and that is needed by the machines or devices that are used in the operation of his facilities. If the supplier does not produce these parts in his facilities, he must inform the importer of the sources of obtaining them.

Importer obligations:

Articles 79 to 83

• The importer is obligated to employ workers with a degree of technical know-how in operating the technology and to use technical experts whenever necessary, provided that the selection of these workers or experts is from Egyptians residing in Egypt or abroad whenever that is available.
• The importer is obligated to inform the supplier of the provisions of the national legislation related to the import of technology.
• It isn’t permissible that the importer transfer to a third party the technology he obtained without the approval of its supplier.
• The importer is obligated to pay for the technology and the improvements introduced at the agreed place and time.
• The consideration may be a total amount to be paid in one or in multiple payments, and the consideration may be a share of the capital invested in operating the technology or a share of the proceeds of this operation.
• The consideration may be a certain quantity of a commodity that uses technology in its production or a raw material produced by the importer and who undertakes to export it to the supplier.

Confidentiality obligation for both parties

• The importer is obligated to maintain the confidentiality of the technology he obtains and the confidentiality of the improvements made to it, and he is asked for compensation for the damage that arises from disclosing this confidentiality, whether this occurred during the negotiation stage of concluding the contract or after that.
• The supplier is also obligated to maintain the confidentiality of the improvements introduced by the importer and transferred to him under a condition in the contract, and the supplier is responsible for compensation for the damage that arises from disclosing this confidentiality.

Contract duration/Termination:

Each of the parties of the contract may, after the expiration of five years from the date of the contract, request its termination or reconsider its terms by amending them to suit the existing general economic conditions. 

This request may be repeated whenever five years have elapsed unless another term is agreed upon.

It seems that the legislator wanted to point out in the previous text to the contracting recipient of the technology the necessity of observing the term of the contract and that this period should not belong, and the requirement to review the terms of the contract after a certain period has passed in light of the successive changes in the progress of similar or alternative technology for the sake of the recipient’s economic interests.

Guarantees

• It may be agreed that only the importer of technology shall have the right to use it and trade in the production, provided that this right is specified in a specific geographical area and for a specific period agreed upon by the two parties.
• The supplier guarantees that the technology and the documents attached to it conform to the conditions set forth in the contract, and also guarantees the production of the commodity or the performance of the services agreed upon according to the specifications set forth in the contract unless otherwise agreed in writing.
• Both the importer and the supplier shall be liable, without jointly between them, for the damage caused to persons and funds resulting from the use of technology or from the goods resulting from its application.

Jurisdiction

According to Article 87 of the Commercial Code No. 17/1999, Egyptian courts have the jurisdiction to settle disputes arising from the technology transfer contract referred to in Article (72) of this law. 

It is permissible to agree on settling the dispute amicably or through arbitration that takes place in Egypt in accordance with the provisions of Egyptian law.

In all cases, the determination of the subject matter of the dispute shall be in accordance with the provisions of Egyptian law, and any agreement to the contrary shall be null and void.

Conclusion

Transfer of technology plays a key role in the industrial development of any nation, efficiency and growth are promoted by the rapidity with which new knowledge and new technologies are disseminated.

The post Technology Transfer Agreements in Egypt appeared first on H&Z Law Firm.