JEE Africa

Libya is a member of the Paris Convention.

A new Commercial Law no 23 of 2010 has been enacted, which includes provisions on trade marks. This Law became effective on 21 August 2010; however, the regulations to implement the Law have not yet been issued. Accordingly, the Trade Mark Law of 1956 is still being applied.

Libya is a member of the Paris Convention.

The 1956 Law provides for the protection of trade marks for goods and services, and also for certification and collective marks.

Types of Trademark registrable

Service marks are registrable.

Libya operates a “single-class” registration system (A separate application is required for each class). There are provisions for the registration of SERIES MARKS. There are no provisions for the registration of CERTIFICATION OR DEFENSIVE MARKS.
International and regional arrangements

Libya is a member of the Paris Convention.

Documents required for trademark registration

Particulars of Applicant (name, address and nationality)

Power of Attorney incorporating an Arabic translation, legalized up to the Libyan Consulate

Certificate of Incorporation legalized up to the Libyan Consulate, with verified Arabic translation

Certified copy of a corresponding Home Certificate, legalized up to the Libyan Consulate

Representation of the mark

Specification of goods and / or services

All requirements should be submitted upon filing.
A separate application to be filed for each class of goods/services
Filing applications in Class 32 and 33 for Alcoholic drinks is prohibited.

Renewals
Valid for an initial period of 10 years counting from the date of filing
Renewable every 10 years

Grace period of 6 months allowed for late renewal upon payment of a fine.

Documents required for renewals

Power of Attorney incorporating an Arabic translation.*

Documents required for assignments/mergers

1. Power of Attorney, incorporating an Arabic translation.*

2. Deed of Assignment or other instrument of title, with verified Arabic translation.*

3. Certificate of Incorporation/Extract from Commercial Register relating to assignee, with verified Arabic translation.*

Documents required for change of name

1. Power of Attorney, incorporating an Arabic translation.*

2. Certificate of Change of Name, with verified Arabic translation.*

Documents required for change of address

1. Power of Attorney, incorporating an Arabic translation.*

2. Certificate of Change of Address, with verified Arabic translation.*

Documents required for licenses/registered users

1. Powers of Attorney, incorporating Arabic translations from proprietor and licensee.*

2. License Agreement, with verified Arabic translation.*

3. Certificate of Incorporation/Extract from Commercial Register relating to licensee, with verified Arabic translation.*

*To be legalised up to the Libyan Consul in the proprietor´s home country

Libya is a member of the Paris Convention and of the PCT.

Patent protection is obtainable by way of a national application, which may be a non-convention or a convention application or a national phase application under the PCT. Patents of addition may be obtained for improvements or amendments to the principal patent.

Although the Law in Libya has not yet been amended to recognise the PCT, PCT applications are being accepted and processed by the patent office.

 Filing Requirements:
Patents of Invention:

1. Power of Attorney (legalised)

2. Specification, claims and abstract in English

3. Specification, claims and abstract in Arabic

4. Formal drawings, if applicable, without labeling

5. Formal drawings, if applicable, with full labeling

6. Assignment of Invention (legalised)

7. Certificate of Incorporation (legalised)

8. Priority document (legalised) with verified English translation

Duration and Renewal
The term of a patent is ten years for patents in respect of chemical processes relating to foodstuffs, medicines and pharmaceutical preparations and fifteen years for all other patents. For the second mentioned category the patent may in certain circumstances be extended for a further period of five years. The Patent of Addition expires with the main patent. Renewal fees fall due annually commencing on the date of grant.

Libya is a member of the Paris Convention.

Design protection can be obtained via a national filing in Libya. Libya is a member of the Paris Convention, so that priority may be claimed.

 Filing Requirements:

1. Power of Attorney legalised up to Libyan Consulate level (required on the day of filing).If applicant is a company, either a certified extract of the applicant’s entry in the Commercial Register or a certified copy of the applicant’s Certificate of Incorporation (including the applicant’s address), duly legalised (required on the day of filing).

2. Drawings or photographs of the design (required on the day of filing).

3. Certified copy of priority document, if priority is claimed, with verified English translation (can be late filed within three months).

4. A description of the views and a summary of the features of the design in Arabic and English.

Duration and Renewal

A registered design has an initial term of five years from the filing date, which is extendible upon payment of renewal fees for a further two terms of five years each.

Libya is a member of the Berne Convention.

The Law provides for copyright in respect of literary, artistic and scientific works, regardless of their type or method of expression, including:

• written works, such as books and other publications

• works of art, architecture, painting, drawing, sculpture, architecture, etc

• works conveyed verbally, such as lectures, addresses, sermons

• dramatic works and musical plays

• musical works

• photographic and cinematic works

• geographical maps and drawings

• three-dimensional works related to geography, topography or science

• eurhythmic and choreographic works

• works of applied art or craft

• works for broadcast by radio or television.

Excluded from protection are:

• collections of verse, prose, music, etc

• collections of official documents, such as laws and regulations, decisions by courts, official documents.