LAWS
The
Lebanese Constitution (as amended up to September 4, 2004) (2004)
IP LAWS
Law
No. 707 of December 9, 2005 amending Article 3 of Law No. 14/87 of April 5,
1987 and Article 10 of Law No. 89 of July 9, 1991 (2005).
Law No. 14/87
of May 4, 1987 on Duties and Fees due for the Publication of Trademarks and
Patents in the Official Gazette. (2005).
Law No.
240/2000 of 2000 on Patents (2000).
Law No. 75 of
1999 on the Protection of Literary and Artistic Property (1999).
Law No. 69/20
of May 23, 1969 on the Rights of Creators of Musical works (1969).
RULES
AND REGULATION (INTELLECTUAL PROPERTY)
Decree
No. 918 of November 15, 2007 on the creation and organization of work of
associations and companies of collective management of copyright and related
rights and how to exercise control of the Ministry of Culture and checking
violations (2007).
Circular No.
A/1/4 of May 25, 2006 on protection of computer programs and fight against
piracy (2006).
Circular No.
A/1/5 of May 25, 2006 on the protection of audiovisual and musical works (2006).
Circular No.
A/1/6 of 25/05/2006 on the protection of literary, artistic and scientific
works (2006).
Resolution No.
2002/16 of July 1, 2002 on the rights of copying and copying of computer
programs by nonprofit educational institutions and academic and public
libraries, (2002).
Resolution No.
83 of December 29, 1960 on the conditions required to establish a Lebanese
industry or business having a foreign mark registered in Lebanon. (1960).
Resolution No.
392 of July 7, 1960 on Marks of products sold in Lebanon. (1960).
Related
LAWS
Law
No. 89 of September 7, 1991 (Duties and Fees due to the Publication of
Industrial Designs, Patents, Literary and Artistic Property in the Official
Gazette) (2005).
Resolution No.
2385 of 1924 on Commercial and Industrial Property Rights (2005).
TREATY
MEMBERSHIP
Brussels
Convention Relating to the Distribution of Programme-Carrying Signals
Transmitted by Satellite.
Marrakesh
Treaty to Facilitate Access to Published Works for Persons Who Are Blind,
Visually Impaired or Otherwise Print Disabled.
Patent Law
Treaty.
Singapore
Treaty on the Law of Trademarks.
Rome Convention
for the Protection of Performers, Producers of Phonograms and Broadcasting
Organizations (August 12, 1997).
Convention Establishing
the World Intellectual Property Organization (December 30, 1986).
Nice Agreement
Concerning the International Classification of Goods and Services for the
Purposes of the Registration of Marks (April 8, 1961).
Berne
Convention for the Protection of Literary and Artistic Works (September 30,
1947).
Ministry
of Economy and Trade – Department of Intellectual Property
Riyad
El Soleh Street, Azarieh Building
5th
floor, Beirut, Lebanon
Tel
+ 961 1 982 379
Fax
+ 961 1 982 369
www.economy.gov.lb
Lebanon
is a member of the Paris Convention for the Protection of Industrial Property.
The nature of the Lebanese registration system is a deposit system. An
application can include goods and/or services in any number of classes, but a
separate sum of official fees is to be paid for each class.
Once
a trademark application is filed, it is examined as to whether it is contrary
to the public order and morals or representing national or foreign decorations.
Also, it is examined as to its registrability and existence of prior rights. If
similar or identical trademark registrations exist under the same class, a
Notice of Similarity has to be signed on behalf of the client as an
acknowledgement of taking note of the existence of these conflicting
registrations. When the trademark is accepted, the Registrar waits for the
decision of the Israeli Boycott Department to check whether the applicant is on
the boycott list or not. A trademark is deemed registered upon payment of the
registration fees. There is no provision for opposition.
Filing Requirement(s) of Trademark:
1. A
power of attorney revealing the name and post of the signatory of the power of
attorney duly legalize dup to a Lebanese consulate abroad.
2. Name,
address, nationality and activity of the trademark owner.
3. Particulars
of the corresponding home trademark registration, and copy of the relevant
Certificate, if any.
4. List
of goods or services, classified according to the 11th edition of International
Classification.
5. A
certified copy of the home certificate of registration or an application which
is required only for claiming convention priority. It can belatedly be filed
within three months of the filing date.
Time Frame:
The
expected Time frame from filing a trademark application up to registration, on
average, in the normal course of action is from 3 to 4 months.
Renewal requirements:
1. A
power of attorney simply signed stating the name and position of the signatory
2. A
photocopy of registration certificate and/ or last renewal.
Recordal of change of owner’s name:
1. A
certificate of Change of Name (issued by the Commercial Registry or by any
other Competent authority), legalized by the Lebanese Consulate together with a
sworn translation.
2. A
power of attorney simply signed and sealed by the applicant.
Recordal of change of owner’s address:
1. Power
of attorney showing the new address, simply signed and sealed by the trademark
owner together with a sworn translation.
2. Certified
copy of Certificate of change of address.
Recordal of Assignment:
1. A
deed of Assignment signed by the trademark owner and the assignee before a Notary
Public, then legalized by the Lebanese Consulate together with a sworn
translation.
2. A
power of attorney simply signed and sealed by the assignee.
Recordal of Merger:
1. A certificate
of Merger (issued by the Commercial Registry or by any other competent
authority), legalized by the Lebanese Consulate together with a sworn
translation
2. Power
of attorney, simply signed and sealed by the applicant.
Recordal of License:
1. License
agreement signed by the trademark owner and the licensee before a Notary Public,
then legalized by the Lebanese Consulate together with a sworn translation.
2. Power
of attorney, simply signed and sealed by the trademark owner.
N.B:
Please
note that the Lebanese Trademark Law does not provide for opposition
proceedings. Once the trademark is registered, it may not be cancelled except
by a final court ruling.
Lebanese
registration system is a deposit system. There is no examination for patent
applications. The specification of the patent can be filed in Arabic, French or
English. One Power of Attorney, which must be filed with the application, can
be used for filing several patent applications.
Filing Requirements:
1. Power
of attorney simply signed.
2. Deed
of assignment duly legalized up to the Lebanese Consulate in case the applicant
is other from the inventor.
3. Certified
copy of the priority document (in case convention priority is to be claimed).
4. 3
copies of specifications, claims and drawings in English, Arabic or French.
N.B:
-
Please be advised that, the original power of
attorney is required at the time of filing.
Maintenance fees:
-
Annual Maintenance fees (Annuities) is due
annually on the anniversary of the filing date and is payable before the
granting of the patent. A grace period of 6-month for late payment with a
surcharge.
The
Lebanese registration system is a deposit system. One Power of Attorney, which
must be filed with the application, can be used for filing several design
applications. An industrial model is registrable for an initial term of 25
years starting from the registration date. The duration of a registration is
extendible only once for a term of 25 years. There is a 3-month grace period
for late payment with a surcharge.
Filing requirements:
1. Power
of attorney, notarized.
2. 3
sets of the drawings of design.
3. Summary
description of the design in triplicate.
4. Full
particulars of the applicant.
Time frame:
-
The registration of a design is completed
within a period of 2 weeks; while the relevant registration certificate is
issued within 2 weeks of the registration date.
Maintenance fees:
-
No Maintenance annual fees (annuity) are due
for Design during protection term to maintain their validity.
Copyright
protection in Lebanon is governed by Artistic and Literary Ownership Law No. 75
which was enacted on April 3, 1999 and entered into force on June 6, 1999.
Filing Requirements:
1. Power
of attorney, simply signed.
2. Three
copies of the work of art.
Time Frame:
Under
normal circumstances, the registration of copyright is completed within a
2-week period, while the relevant registration certificate is issued within 2
weeks of the registration date.
The
protection of this law shall apply to every production of the human spirit be
it written, pictorial, sculptural, manuscript or oral, regardless of its value,
importance or purpose and the mode or form of its expression.