Q1. How long will it take to conduct a trademark search?
Varies.
Q2. Does Libya use the international classification?
Yes, except for service marks
Q3. Are there any goods or services for which the mark can not be registered?
All goods in class 33 can not be registered.
Q4. Does the specification of goods in any class limit the protection to the specified goods, or does it give additional protection to all the goods in the class?
It gives protection to all the goods in addition to the specified goods.
Q5. Can a trademark be registered in the name of more than one applicant (i.e. joint application)? If so, what are its requirements?
Yes there are joint applications in Libya , and requirements are same as for one applicant.
Q6. Can an application be filed without its complete documents? If yes, what is the deadline for filing the documents?
Yes, an application can be filed without its complete documents, and the documents should be submitted within three months of the filing date.
Q7. Can one application cover more than one class of goods/services?
No, there are no multi-class applications in Libya . Every class is filed in a separate application.
Q8. May priority be claimed under the Paris Convention?
At the moment, no. However, it is expected that priority claiming will be incorporated in the new draft law.
Q9. What is the term of protection of a trademark? From what date is it calculated?
The term of protection of a trademark is ten years calculated from the filing date and renewable for consecutive periods of ten years each.
Q10. Is marking compulsory and, if so, how should marking be made?
No.
Q11. In case a trademark is not renewed in due time, and another company register the same trademark, can the original owner oppose the registration or not?
Yes he can within the grace period, which is three months.
Q12. If the trademark was filed incorrectly originally, what documentation would be required to amend the official register to show the correct details?
A Legalized and signed power of attorney.
Q13. Is use required before registration or for maintaining the registration in force?
Use is required for maintaining the registration in force.
Q14. Is use of the trademark on one item sufficient to maintain the protection for all
the goods covered by the registration?
Yes, if such use will be prolonged to the other goods during the protection period.
Q15. What are the types of use required?
The product should be distributed in the market
Q16. Can the assignment of an application be recorded?
Yes.
Q17. Is recording a license agreement compulsory? What are the consequences of non-recordal?
No, but it is preferable to record license agreements to prove the use of the mark.
Q18. Can recordals such as change of name, address, merger, assignment, license, etc., be made against pending applications?
Yes.
Q19. Can an assignment be made with or without the goodwill? What monetary consideration is to be mentioned as the value of the assignment? Is there any tax based on the value mentioned?
The assignment should be based on goodwill. The minimum value of the assignment is one dollar and there are no tax based on the value mentioned
Q20. Can the trademark application be opposed and what is the opposition period?
Yes, a trademark application can be opposed, and the opposition period is three months as of the publication date.
Q21. Can a patent search be conducted?
Yes.
Q22. Can a patent application be filed without its complete documents?
Yes.
Q23. Can convention priority be claimed? Paris Convention?
Yes.
Q24. Can a registration be obtained for pharmaceutical products?
Yes.
Q25. What is the term of protection of a patent and from which date is it calculated? Can it be extended?
A Patent is valid for 20 years from the date of filing; such validity is subject to payment of annual fees
Q26. Is a secret form of filing a model/design permitted?
No.
Q27. Is there a novelty requirement? Is it local or worldwide?
Yes, local.
Q28. Are utility models granted protection in Libya under the Current Law.
Yes.
Q29. Is the patent protection available for software alone, or must the software be coupled with computer hardware in order to permit patent application?
The protection is available for software alone or couples with hardware.
Q30. Can the specifications or claims be amended?
Yes.
Q31. Could annuity payments be made before the granting of the patent?
Yes.
Q32. In what language should specifications and claims of the patent be filed?
In English & Arabic.
Q33. Is working of the invention required to keep protection in force and, if so, can
the working requirements be satisfied by importation or nominal working?
Yes, by any or both.
Q34.What are the conditions that might lead to a compulsory license?
In order to be effective and against 3rd parties.
Q35. Must assignments be recorded within a certain period?
No.
Q36. Does the Patent Law provide for licenses or registered users?
Yes.
Q37. Does the Patents Office publish the patent applications in the Official Gazette?
Yes.
Q38. Are designs registrable in your country?
Yes.
Q39. Should the design application be filed under the form of drawings and/or photographs, the size thereof and the number of views?
The design should be filed under the form of Photographs or specimens ( drawings ) of the actual design by the general size used as 23 x 21 cm for any number of views, which should appear on the same sheet.
Q40. What are the novelty requirements for a design application to be valid?
In order for a design application to be valid, the following requirements are requested:
The design application should be filed for the 1st time in Libya
It should not have been published before.
There should be creativity or distinctiveness in the design so that it would be distinguished and noted as different from other designs.
Q41. Can convention priority be claimed in Libya ? ( Paris Convention).
Yes.
Q42. Does Libya use the international classification?
Yes.
Q43. Are there any goods or services for which the design can not be registered?
No.
Q44. Is the assignment of the creator compulsory for a design application?
Yes.
Q45. Is there any deadline to apply for the publication of a secret filing of a model/design?
Upon the applicants' request but not for more than 3 years.
Q46. Are there any special advantages in filing a model or a design in a secret form?
To keep the model or the design unpublished for the same period.
Q47. Is it possible to file more than one design/model in the same application? If yes, are there any advantages in doing so?
No.
Q48. What is the term of protection of a model or design in Libya ? Can this term be extended?
The term of protection is 5 years and is renewable for another 2 terms of 5 years each.
Q49. Is use required to maintain a registration of a model or design in Libya ?
Yes.
Q50. Are designs/models protected by copyright law as well?
No.
Q51. Are there provisions in Libyan law to oppose a model/design registration?
No.
Q52. Is it possible to apply for cancellation of a model/design filed in a secret form?
No.
Q53. Is copyright protected in Libya ?
Yes.
Q54. What types of items are protected by copyright law in Libya ?
Copyright includes any written, oral, dramatic, musical, choreographic, cinematographer, schematic, applied, photographic and Folklore works of art
Q55. What is the length of protection of a copyright in Libya ?
Protection for the life time of the author plus 50 years following his death.
Q56. How long does a copyright take to be registered?
It is filed as soon as the application is submitted.
Q57. What kind of sanctions does Libyan copyright law provide against infringers?
According to article (48) from Law No. (9) for the year 1968:
Anyone who commits any of the following acts shall be punished with a fine not less than twenty pounds and not exceeding five hundred pounds.
Whoever infringes upon the copyrights provided for in Articles (5), (6), (7) and (9) of this law.
Whoever sells, offers for sale, broadcasts to the public in any method whatsoever, imports into the country's domain or exports out of the country, counterfeit works of art, knowing that they are counterfeit.
Whoever counterfeits in the country, works of art published abroad and protected under this law, or sells these works or exports or ships them abroad.
The court may as well order the confiscation of all the instruments used for illegal publication which has occurred in violation with the provisions of Articles (6), (7), (8), and (10) and which are not useful except for this publication and all counterfeit copies can be confiscated as well.
The court may order publishing the judgement in one newspaper, magazine or more at the condemned party's expense.
The offenses referred to in this article shall receive similar treatment if re-committed.
Q58. Are there any limitations of copyright in your jurisdictions?
No.
Q59. Must transfer agreements be recorded?
Yes.
Q60. Must license agreements be recorded?
Yes.
Q61. Are there any consequences of non recording of agreements?
No.
