Libya

Libya is officially known as the Socialist People’s Libyan Arab Jamahirya. It is situated in North Africa on the Mediterranean Sea, and is bordered by Tunisia and Algeria on the west, Niger and Chad on the south, Sudan on the south-east and Egypt on the east.

General information

• Capital: Tripoli
• Population: 6.2 million
• Area: 1 759 540 km2
• Languages: Arabic - official language
• Exports: Crude oil; refined petroleum products; natural gas
• Imports: Machinery; transport equipment; manufactured goods
• Currency: Libyan Dinar

Trademarks

Law:

Trade Mark Law no. 40 of August 11, 1956; Amendment Law no. 3 of February 26, 1962.

A new trade mark system has been adopted, including the restructuring of the application and examination procedures. There is uncertainty regarding applications filed under the old system, ie. that previous applications and registrations will be disregarded by the trade marks office and applicants and proprietors will need to re-file in terms of the new system.

International Conventions:

WIPO, Paris Union, Berne Union.

Requirements for Application:

(a) Power of attorney legalised up to Libyan consular level.
(b) Ten prints and a printing block of the trade mark - word and device marks.
(c) If applicant is a company, a certified copy of the certificate of incorporation, legalised up to Libyan consular level.

Classification:

International classification of goods. Own service classification. Application may not be made for alcoholic products included in classes 32 and 33. A separate application is required for each class.

Procedure:

Applications are examined as to formal requirements, inherent registrability and conflict with prior registrations/applications.

Opposition:

Opposition may be lodged within three months following advertisement of the application.

Extension of the opposition period is not possible.

Use:

The trade mark may be removed from the register on proof that the trade mark has not been used during five consecutive years.

Duration and Renewal:

A trade mark registration is effective for an initial period of ten years and, thereafter, renewable for like periods.

Licensing/Registered Users:

Licensing is recognised. Recordation is required in order to be effective against third parties.

The license agreement must provide for quality control by the licensor.

Requirements:

(a) License agreement, in Arabic or accompanied by verified translation, legalised up to Libyan consular level;
(b) Power of attorney from the proprietor, legalised up to Libyan consular level;
(c) Power of attorney from the licensee legalised up to Libyan consular level.

Assignments:

Assignments are possible and must be made with goodwill of the business. Recordation is required in order to be effective against third parties.

Requirements:

(a) Deed of assignment, in Arabic or accompanied by verified translation, legalised up to Libyan consular level;
(b) Power of attorney from the assignee, legalised up to Libyan consular level;
(c) Certified copy of the certificate of incorporation of the assignee.

Marking of Goods:

Notice of registration by use of the legend ‘Registered Trade Mark’ or suitable abbreviation (eg. ‘Regd. Tm.’) or symbol ® optional.

Advertising and labels attached to goods must be in Arabic.

Patents

General:

Patent protection can be obtained via a national filing. Libya is a member of the International Convention and PCT.

Filing Requirements:

Legalization of documents is required up to Libyan Consular level. A specification in English and Arabic is needed. The patent office has recently started insisting that all necessary documents be filed in order to obtain a filing date.

Novelty:

The invention must not have been disclosed in Libya before the application or priority date. Disclosure elsewhere is ignored.

Examination:

An application is examined for compliance with formal and substantive requirements.

Duration/Maintenance:

The initial term is fifteen years from filing with an option to extend the patent for a further five years. Patents granted for processing chemical patents relating to foodstuffs, medicinal drugs and pharmaceutical preparations have a ten year term only and are not extendible. Maintenance fees are payable annually from the date of grant, on the first anniversary of the filing date occurring after grant. A six months grace period is available.

Working:

The owner of a patented invention must satisfy the stipulated Working requirements within three years from the date of grant otherwise the patent becomes null and void. A compulsory license may be granted to governmental bodies in order to use the patent for reasons relating to the public interest or national defence.