LIBYA - The organizations associated with the country are - World Intellectual Property Organization, World Trade Organization, Gulf Cooperation Council (GCC). The Conventions regulated for the country are - Berne Convention, Brussels Convention, Paris Convention, Patent Law Treaty, Rome Convention, Trademark Law Treaty, WIPO Copyright Treaty, WIPO Performances and Phonograms Treaty, Budapest Treaty, Madrid Protocol, Nice Agreement.

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Organizations

World Intellectual Property Organization, World Trade Organization, Gulf Cooperation Council (GCC).

Conventions

Berne Convention, Brussels Convention, Paris Convention, Patent Law Treaty, Rome Convention, Trademark Law Treaty, WIPO Copyright Treaty, WIPO Performances and Phonograms Treaty, Budapest Treaty, Madrid Protocol, Nice Agreement

Power of Attorney

Protection Term:

Trademark registrations are valid for 10 years from filing date and are renewable for like periods. There is a grace period of 3 months for late renewals with payment of a surcharge.

Classification:

The International Classification of Goods and Services (8th Edition) is followed. However, class 33, alcoholic goods in class 32, and Christmas trees and related products in class 28 cannot be registered in Libya. A separate application is required for each class.

Opposition:

Oppositions may be filed within 3 months from publication date.

Power of Attorney:

General Power of attorney is sufficient for continuous application.

Use Requirements:

Use of a trademark is not required for registration or renewal of a mark. However, a trademark is vulnerable to cancellation if there has been no effective use of the mark for a period of 5 consecutive years.

Assignment:

Trademarks may be assigned with or without the goodwill of the business concerned and May be recorded for applications and registrations.

License:

License recordation is not compulsory to be effective against third parties and May be recorded for applications and registrations.

Merger:

May be recorded for applications and registrations.

Change of Name/Address:

May be recorded for applications and registrations.

Time Frame:

Conducting search is between 2 to 7 working days, Registration/Renewal process is within 24 to 36 months and Recordation process within 12 to 24 months.

Filing Requirements:

  • Power of Attorney duly legalized up to the Libyan Consulate.
  • Certified Certificate of incorporation or Extract from the Commercial register duly legalized as above.
  • A priority document if priority is to be claimed.

Renewal:

  • Power of Attorney duly legalized up to the Libyan Consulate (in case we are not the agents of record).

Assignment:

  • Power of Attorney signed by the assignee duly legalized up to the Libyan Consulate.
  • Deed of assignment signed by the both parties duly legalized as above.
  • Certified Certificate of incorporation or Extract from the Commercial register duly legalized as above.

License:

  • Power of Attorney signed by the licensee duly legalized up to the Libyan Consulate.
  • License agreement signed by the both parties duly legalized as above.
  • Certified Certificate of incorporation or Extract from the Commercial register duly legalized as above.

Merger:

  • Power of Attorney duly legalized up to the Libyan Consulate.
  • Certificate of merger duly legalized as above.
  • Certified Certificate of incorporation or Extract from the Commercial register duly legalized as above.

Change of Name/Address:

  • Power of Attorney in the new name/address duly legalized up to the Libyan Consulate.
  • Certificate of change of name/address duly legalized as above.

Protection Term:

The term of protection is 15 years from filing date.

Annuities:

Due annually on the anniversary of the Libyan filing date and payable after grant. All accumulated annuities should be paid upon granting the patent. 6-month grace period for late payment without a surcharge.

Opposition:

Patents are published in the Official Gazette after grant; oppositions may be filed within 60 days from publication date.

Search:

Not applicable.

Examination:

As to form.

Compulsory License:

A patent has to be worked; within 3 years from grant date. The patent may be subject to compulsory licensing according to the provisions in the law.

Filing Requirements:

  • Power of Attorney duly legalized up to the Libyan Consulate.
  • Certified Certificate of incorporation or Extract from the Commercial register duly legalized as above.
  • Deed of Assignment duly legalized as above. if the applicant is not the inventor.
  • A priority document if priority is to be claimed.

Assignment:

  • Power of Attorney signed by the assignee duly legalized up to the Libyan Consulate.
  • Deed of assignment signed by the both parties duly legalized as above.
  • Certified Certificate of incorporation or Extract from the Commercial register duly legalized as above.

License:

  • Power of Attorney signed by the licensee duly legalized up to the Libyan Consulate.
  • License agreement signed by the both parties duly legalized as above.
  • Certified Certificate of incorporation or Extract from the Commercial register duly legalized as above.

Merger:

  • Power of Attorney duly legalized up to the Libyan Consulate.
  • Certificate of merger duly legalized as above.
  • Certified Certificate of incorporation or Extract from the Commercial register duly legalized as above.

Change of Name/Address:

  • Power of Attorney in the new name/address duly legalized up to the Libyan Consulate.
  • Certificate of change of name/address duly legalized as above.

Protection Term:

5 years from filing date.

Examination:

As to form only.

Renewal:

For two consecutive terms of 5 years.

Applications with Multiple Figures:

Admissible up to 50 designs and models.

Filing Requirements:

  • Power of Attorney duly legalized up to the Libyan Consulate.
  • Certified Certificate of incorporation or Extract from the Commercial register duly legalized as above.
  • A priority document if priority is to be claimed.

Assignment:

  • Power of Attorney signed by the assignee duly legalized up to the Libyan Consulate.
  • Deed of assignment signed by the both parties duly legalized as above.
  • Certified Certificate of incorporation or Extract from the Commercial register duly legalized as above.

License:

  • Power of Attorney signed by the licensee duly legalized up to the Libyan Consulate.
  • License agreement signed by the both parties duly legalized as above.
  • Certified Certificate of incorporation or Extract from the Commercial register duly legalized as above.

Merger:

  • Power of Attorney duly legalized up to the Libyan Consulate.
  • Certificate of merger duly legalized as above.
  • Certified Certificate of incorporation or Extract from the Commercial register duly legalized as above.

Change of Name/Address:

  • Power of Attorney in the new name/address duly legalized up to the Libyan Consulate.
  • Certificate of change of name/address duly legalized as above.