LAWS
Constitutional
Declaration (2011).
Constitution of
Libya 1951 (1951).
IP
LAWS
Law
No. 9 for 1968 Issuing the Copyright Protection Law (1968).
Law No. 8 of
1959 on Patents and Industrial Designs and Models (1959).
Law No. 40 of
1956 on Trademarks (1956).
RULES
AND REGULATION (INTELLECTUAL PROPERTY)
Decision
of the Secretary of the General People’s Committee for Economics and Commerce
No. 86 of 2004 Amending the Implementing Regulations of the Trademark Law No.
40 of 1956 (2004).
TREATIES
Patent
Cooperation Treaty (September 15, 2005).
Berne
Convention for the Protection of Literary and Artistic Works (September 28,
1976).
Convention
Establishing the World Intellectual Property Organization (September 28, 1976).
Paris
Convention for the Protection of Industrial Property (September 28, 1976).
Libyan
Trademarks Office
PO
Box 4779
Al
Siraj Zone
Tripoli
Libya
Tel
+ 218 21 483 1731
Mail
info@economy.gov.ly
www.info@economy.gov.ly
Libya
is a member of the Paris Convention for the Protection of Industrial Property.
The International Classification of Goods and Services for the Purposes of the
Registration of Marks under the Nice Agreement is followed in Libya. The
trademark law does not provide for the protection of trademarks covering
alcoholic drinks in classes 32 and 33 and pork meat in class 29. Service marks
can be registered according to the Eighth Edition of the Nice Classification.
Once
a trademark application is filed, it is examined as to its registrability.
Should the mark lack any requirement as provided for in the law and its
implementing regulations, the application will be rejected by the examiner. The
applicant may appeal the rejection of its application to a commission appointed
for that purpose within 30 days as of the date of receiving the relevant
official notification.
Trademarks Requirements:
1. A
power of attorney signed and stamped by the applicant company and legalized up
to the Libyan Consulate in the applicant home country (a proper form is
enclosed herewith).
2. An
extract of the entry of the applicant company in the Commercial Register, or
Certificate of Incorporation if the applicant is a company or a corporate body
legalized up to the Libyan Consulate in the applicant home country.
3. The
Name, address, nationality, and business of the applicant.
4. A
certified copy of the priority document issued from any member country of Paris
convention if the priority is to be claimed.
5. Fifteen
(15) prints of the trademark.
Important Notes:
-
One Power of Attorney can be used for filing
any number of applications in the name of the same owner.
-
All requirements should be submitted upon
filing.
-
A separate application is to be filed for each
class of goods/services.
-
All documents must be translated into Arabic in
Libya.
-
Arabic translation of any document is available
at our end.
-
Filing applications in class 33 for Alcoholic
drinks is prohibited in Libya.
-
Applications in Libya are filed under the class
heading of the international classifications, not according to the
specifications applied.
-
The Registrar is highly strict in respect of
accepting the power of attorney since it should be signed, stamped by the
applicant company and the designation of the signatory should be provided.
Time frame:
The
expected Time frame from filing a trademark application up to registration is
unexpected due to the internal civil war in Libya. But the Office has recently
decided on the final form of the Libyan trademark registration certificate.
This means that the Office is now seriously working on issuing the registration
certificates of all pending applications.
Renewal Requirements:
-
A power of attorney signed and stamped by the
applicant company and legalized up to the Libyan Consulate in the applicant
home country.
- The corresponding number and date of registered trademark.
N.B:
The renewal fees of a trademark can be paid during the last year of the 10-years period from the filing date. There is a grace period of 6-months in which the renewal fees can be paid with a lateness fine.
Trademark Search Requirements:
-
Prints of the trademark.
-
List of goods or services to be covered by the
search application and class number pertaining thereto.
Recordal of Assignment/Merger Requirements:
-
A power of attorney signed and stamped by the
applicant company and legalized up to the Libyan Consulate in the applicant
home country (a proper form is enclosed herewith).
-
An extract of the entry of the assignee company
in the Commercial Register, or Certificate of Incorporation if the applicant is
a company or a corporate body legalized up to the Libyan Consulate in the
applicant home country.
-
A deed of assignment signed, sealed by the
official stamp of assignee company and legalized up to the Libyan Consulate in
the applicant home country.
Recordal of Change of Name and/or Address Requirements:
-
A Power of Attorney signed, stamped by the
applicant company’s stamp and legalized by the Libyan Consulate in the
applicant home country.
-
A certificate indicating the change of name or
address legalized up to the Libyan Consulate in the applicant home country.
-
A certificate of incorporation or an extract of
the entry of the applicant company in the Commercial Register (with new name or
address) legalized up to the Libyan Consulate.
Recordal of License Agreement:
-
A license agreement has to be in writing. It is
mandatory under the Libyan Trademarks Law to submit a license agreement legalized
up to the Libyan Consulate in the applicant’s home country. Licensing of
unregistered or pending marks is not permitted. A trademark may be licensed for
some or all of the goods in respect of which the trademark is registered. The
sale of a registered trademark does not automatically terminate the license,
unless this is provided for in the agreement of sale.
-
There are no statutory provisions prescribing
the terms of licensing, except that the license agreement must state the
duration of the license and that the terms of the license must not exceed the
term of protection of the mark.
-
There are no special provisions in law for the
recordal of a license agreement. Recordal is voluntary, but advisable for
enforcement purposes. The agreement is not enforceable against third parties
unless recorded. There is no time frame for a recordal.
The following documents are required for a recordal:
-
A power of attorney signed and stamped with the
licensee’s company stamp, legalized up to the Libyan Consulate in the
applicant’s home country
-
A license agreement legalized up to the Libyan
Consulate in the applicant’s home country, stating the terms and conditions
agreed upon between the two parties and the duration of the agreement
-
An abstract of the entry of the licensee
company in the Commercial Register, legalized up to the Libyan Consulate.
Infringement Proceedings:
There
is an evidentiary presumption that use by a recorded licensee is permitted use
if it is serious use. The licensee may not join the proprietor in infringement
proceedings. He can call upon the trademark owner to institute infringement
proceedings, but he may not institute infringement proceedings in his own name,
if the trademark owner fails or refuses to institute such proceedings, unless
this has been authorized by the owner of the mark or stipulated in the license
agreement. An infringement action can only be defended by the owner of the
mark, unless the licensee is authorized by the owner to act as such or if this
is stipulated in the license agreement.
Once
an application for the grant of a patent is filed, it is examined with respect
to compliance with the formalities and patentability provided for under the
patent law in Libya. The Patent Office may require whatever amendments may be necessary
to bring the application into conformity with the law. In the event the
applicant does not comply with the requirements of the Patent Office within a
given grace period of 6-months, a patent application will be treated as
renounced.
Patent Requirements:
1. A
power of attorney signed, stamped by the applicant company and legalized up to
the Libyan Consulate in the applicant home country.
2. A
copy of the extract of the entry of the applicant company in the commercial
register or a copy of the Certificate of Incorporation if the applicant is a
company or a corporate body; duly notarized and legalized up to the Libyan
Consulate of the applicant home country.
3. A
deed of assignment from the inventor(s) if not employed by the applicant duly
legalized up to the Libyan Consulate of the applicant home country.
4. The
name, nationality, address, and profession or nature of business of the
applicant and the inventor(s). As well, a statement certifies whether the
inventor is working independently or is employed by the applicant in which case
an assignment is not necessary is required.
5. A
copy of the specifications and a summary of the invention in English.
6. Two
copies of the specification and a summary of the invention in Arabic.
7. Four
sets of the formal drawings: one set on ordinary paper with all reference
numerals and three sets on strong white paper without any reference numerals or
letters for inserting Arabic numerals.
8. A certified copy of the priority document for a convention application.
Documents
1, 5, 6 7 should be submitted at the time of filing the patent application
whilst the documents under items 2, 3, 4 and 8 can be submitted within two
months from the date of filing.
Patent Maintenance Fees Requirements:
-
A power of attorney signed, stamped by the
applicant company and legalized up to the Libyan Consulate in the applicant
home country.
-
The corresponding number and date of registered
patent.
Validity:
A patent is valid for 15-years starting from the date of filing the application. Such validity is subject to the payment of the prescribed annual fees. All annuities for the 15-year protection period are to be paid after the publication in the Official Gazette.
After
the 15-year period, a patent can be renewed for further 5-years provided that
the patent is of special importance, or if the patentee has not been
sufficiently rewarded for his invention. Annuities should be paid until the
protection period expires.
In
Libya, designs and industrial models are protected in Libya through
registration with the competent office. The Patent Office examines the
application as to relative novelty.
A
registration of a design or an industrial model is subject to cancellation in
the event any interested party requests such a cancellation before the
competent tribunal on the grounds that the registrant is not the real owner of
the design.
Design Requirements:
1. A
power of attorney signed, stamped by the applicant company and legalized up to
the Libyan Consulate in the applicant home country.
2. A
copy of the extract of the entry of the applicant company in the commercial
register or a copy of the Certificate of Incorporation if the applicant is a
company or a corporate body; duly notarized and legalized up to the Libyan
Consulate of the applicant home country.
3. A
deed of assignment from the inventor(s) if not employed by the applicant duly
legalized up to the Libyan Consulate of the applicant home country.
4. The
name, nationality, address, and profession or nature of business of the
applicant and the inventor(s). As well, a statement certifies whether the
inventor is working independently or is employed by the applicant in which case
an assignment is not necessary is required.
5. A
copy of the specifications and a summary of the invention in English.
6. Two
copies of the specification and a summary of the invention in Arabic.
7. Four
sets of the formal drawings: one set on ordinary paper with all reference
numerals and three sets on strong white paper without any reference numerals or
letters for inserting Arabic numerals.
8. A
certified copy of the priority document for a convention application.
MULTIPLE DESIGNS:
-
Multiple designs and models are acceptable up
to 50 designs and models.
Validity:
- 5 Years and it is permitted to RENEWAL for 2 consecutive 5-year renewal terms.
Registration, assignment and cancellation of design or industrial model registrations are published in the Official Gazette and entered in the register.
There is no provision in the current Libyan law as to working or compulsory licensing of designs and industrial models.
Any
infringement or unauthorized use of a registered design or industrial model is
punishable under the current law in Libya.
No registration formalities available