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Trademarks
Information For Trademarks Filing In Libyan
- The Filing System ( Single-Class Filing System) .
- Classification of goods/services ( 10th Edition of Nice Classification) .
- Registrable ( trademarks, service marks, collective marks, quality marks (certification marks), color marks) .
- Libya Is A Member of Paris Convention .
- The Claiming priority Is under Of Paris Convention .
- The Filing international registration Is Not under Of Madrid Agreement .
- The Filing international registration Is Not under Protocol Of Madrid Agreement .
- The Time from filing to registration ( 36 months) .
- Protection (registration) duration ( Ten10 years from filing date) .
- The Examination type ( substantive examination) .
- The Examination time ( 50 days) .
- The Opposition period ( 3 months) .
- The Time limit to pay publication fees after acceptance ( directly after acceptance ) .
- The Time limit to pay registration fees after the end of the opposition period ( directly after publication ) .
- The Use ( A registered mark may be subject for a cancellation action by any interested party if it has not been used for 5 consecutive years ) .
- The Renewal application can be made within ( 6 months before expiry) .
- The Renewal duration ( 10 years) .
- Grace period to renew after expiration ( 6 months with penalty) .
- Method of conducting the search ( official search and non-official search) .
- The Search for a device ( not possible ) .
- The Time required to complete the search ( Ten 10 days ) .
- The Claiming goodwill upon assignment ( optional ) .
- Publication after recordal of the assignment ( in the Official Gazette ) .
- Publication after recordal of the change ( in the Official Gazette ) .
- Publication after recordal of the merge ( in the Official Gazette ) .
- Publication after recordal of the license ( in the Official Gazette ) .
- Time period of the license ( can be decided by parties) .
Filing Requirements
- A power of attorney signed, stamped by the applicant company’s stamp and legalized up to the Libyan consulate in the applicant home country (a proper form is enclosed).
- One Power of Attorney can be used for filing any number of applications in the name of the same owner.
- An extract from the commercial registry or certificate of incorporation in the name of the applicant duly legalized up to the Libyan consulate.
NOTES : All above required documents have to be submitted along with Certified Arabic Translation.
Trademarks Filing Requirements
- Power of attorney legalized by the Libyan Consulate.
- Certificate of incorporation or Extract from the Commercial Register legalized by the Libyan Consulate. If the applicant is a normal person, then a legalized copy of the business license or professional association is required.
- Certified copy of the priority document legalized by the Libyan Consulate if claimed.
NOTES : Late filing of documents (not allowed ).
RENEWAL REQUIREMENTS : Power of attorney legalized by the Libyan Consulate.
NOTES : Late filing of documents ( not allowed ).
SEARCH REQUIREMENT : No documents are required.
ASSIGNMENT REQUIREMENTS
- Power of attorney legalized by the Libyan Consulate.
- Certificate of incorporation or Extract from the Commercial Register legalized by the Libyan Consulate.
- Deed of assignment legalized by the Libyan Consulate.
NOTES : Late filing of documents ( not allowed) .
MERGER REQUIREMENTS
- Power of attorney legalized by the Libyan Consulate.
- Certificate of incorporation or Extract from the Commercial Register legalized by the Libyan Consulate.
- Deed of merger legalized by the Libyan Consulate.
NOTES : Late filing of documents ( not allowed ) .
RECORDAL OF CHANGE
- Power of attorney legalized by the Libyan Consulate.
- Certificate of change legalized by the Libyan Consulate.
NOTES : Late filing of documents ( not allowed ) .
LICENSE REQUIREMENTS
- Power of attorney signed and stamped by the licensee company’s stamp and legalized by the Libyan Consulate in the applicant’s home country.
- License agreement legalized by the Libyan Consulate.
- Extract of the entry of the applicant’s company in the Commercial Register legalized up to the Libyan Consulate.
NOTES : Late filing of documents ( not allowed ) .
Industrial Design
Information For Industrial Design In Libyan
- You can claim priority according to Paris Convention within: 6 months from the first filing date.
- Member of: Paris Convention.
- Period of protection of a design: 15 years.
- Annuities: A design or an industrial model registration is valid for 5 years starting from the filing date and renewable for two similar periods of 5 years each.
- Allowed time to submit the assignment deed from the date of signing the agreement: 3 months with fine.
Filing 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. If the inventor(s) is employed by the applicant company, a certified of employment duly signed and stamped by the applicant company and legalized by the Libyan Consulate in the applicant home country will be sufficient instead of the deed of assignment.
5. The name, nationality, address and profession or nature of business of the applicant and the inventor(s).
6. A copy of the specifications and a summary of the invention in English.
7. Two copies of the specification and a summary of the invention in Arabic.
8. 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.
9. A certified copy of the priority document for a convention application.
Notes:
- – All requirements should be submitted upon filing.
- – Claiming priority is possible upon submitting requirements No. 1, 5 and 6; the rest of the documents are to be followed within three months as of the filing date.
- – All documents should be translated into Arabic.
Assignment Applications
1. A Power of Attorney signed, stamped by the assignee company’s stamp and legalized up to the Libyan Consulate in the applicant home country.
2. An extract of the entry of the assignee company in the commercial register, or a copy of the Certificate of Incorporation, if the assignee is a company or a body corporate legalized up to the Libyan Consulate in the applicant home country.
3. A deed of assignment signed, stamped by the assignee company’s stamp and legalized up to the Libyan Consulate in the applicant home country.
Change of Name/Address Applications
1. A Power of Attorney signed, stamped by the applicant company’s stamp and legalized up to the Libyan Consulate in the applicant home country.
2. A certificate indicating the change of name or address legalized up to the Libyan Consulate in the applicant home country.
INDUSTRIAL DESIGN MERGER
- Power of attorney legalized by the Libyan Consulate (in case there is no Libyan Consulate, then a legalization may be made by any other Arabic Consulate).
- Certificate of incorporation or Extract from the Commercial Register legalized by the Libyan Consulate.
- Deed of merger legalized by the Libyan Consulate.
NOTES : Late filing of documents (not allowed ) .
INDUSTRIAL DESIGN RECORDAL OF CHANGE
- Power of attorney legalized by the Libyan Consulate.
- Certificate of change legalized by the Libyan Consulate.
NOTES : Late filing of documents ( not allowed )
INDUSTRIAL DESIGN LICENSE
- Power of attorney legalized by the Libyan Consulate (in case there is no Libyan Consulate, then a legalization may be made by any other Arabic Consulate).
- Certificate of incorporation or Extract from the Commercial Register legalized by the Libyan Consulate.
- License agreement legalized by the Libyan Consulate.
NOTES : Late filing of documents ( not allowed ) .
Patent
Information For Patents Filing In Libyan
- You can claim priority according to Paris Convention within: 12 months from the first filing date.
- Member of: PCT, Paris Convention.
- Period of protection of a patent: 15 years.
- Annuities: are to be paid after grant retroactively.
- Allowed time to submit the assignment deed from the date of signing the agreement: 6 months with fine.
Filing 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 company duly legalized up to the Libyan Consulate of the applicant home country.
4. If the inventor(s) is employed by the applicant company, a certificate of employment duly signed and stamped by the applicant company and legalized by the the Libyan Consulate in the applicant home country will be sufficient instead of the deed of assignment.
5. The name, nationality, address and profession or nature of business of the applicant and the inventor(s).
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.
Notes:
- – All requirements should be submitted upon filing.
- – Claiming priority based on the Paris Convention or Entering the National Phase of PCT is possible upon submitting requirements No. 1, 5 and 6; the rest of the required documents should be followed within three months as of the filing date.
- – For Entering the national phase of PCT, the following should be provided: Copy of International Publication, PCT request, along with the international search report if available.
- – All documents need to be translated into Arabic.
Assignment Applications
1. A Power of Attorney signed, stamped by the assignee company’s stamp and legalized up to the Libyan Consulate in the applicant home country.
2. An extract of the entry of the assignee company in the commercial register, or a copy of the Certificate of Incorporation, if the assignee is a company or a body corporate legalized up to the Libyan Consulate in the applicant home country.
3. A deed of assignment signed, stamped by the assignee company’s stamp and legalized up to the Libyan Consulate in the applicant home country.
Change of Name/Address Applications
1. A Power of Attorney signed, stamped by the applicant company’s stamp and legalized up to the Libyan Consulate in the applicant home country.
2. A certificate indicating the change of name or address legalized up to the Libyan Consulate in the applicant home country.
PCT Filing
Libyan Is A Member of PCT ( Patent Cooperation Treaty ) Since September 15, 2005 .
Libya is bound by the Treaty and consequently, any “international” patent application may include the designation of Libya under its country code “LY”. Furthermore, nationals and residents of Libya may file “international” patent applications under the Treaty. It is also worth noting that Libya may be elected for the purpose of international preliminary examination, as it will be bound by Chapter II of the Treaty.
Filing Requirements for a National Phase PCT Application
1. Power of attorney, legalized.
2. Extract from the commercial register or certificate of incorporation, legalized, with sworn Arabic translation.
3. Copy of PCT Request.
4. Copy of International Publication.
5. Copy of International Search Report.
6. Copy of International Preliminary Examination Report (if available).
Time Limits
The time limits which would normally apply under PCT Articles 22(1) and 39(1)(a) are:
Under PCT Chapter I: 30 months from the priority date
Under PCT Chapter II: 30 months from the priority date .
Copy Rights
Information For Copyrights In Libyan
- Validity of the copyright protection period before expiry: for the author’s life.
- Validity of the copyright protection period after the death of the author(s): 50 years.
Filing Requirements : Copyrights
- The Libyan Copyright Law No. 9 of 1968 is issued but no implementing regulation has been in force yet. Therefore, implementation of the law is not possible.
- There is no registration procedure in Libya for Copyrights.
- The only way for protection is by depositing copy of the work in the national library.
Domain Names
Information For Domain Names In Libyan
- Country code top level domain name extension (ccTLD): .LY
- Grace period for late renewal of the domain: no grace period.
Filing Requirements For Domain Names