Libya

Trade Mark Services & Trade Mark Lawyers

Forms part of

No
ARIPO
No
OAPI
No
MADRID
Yes
SERVICE CLASSES
NA
NICE CLASSIFICATION

8th edition

Yes
WELL-KNOWN TRADE MARKS RECOGNISED?

OAPI

ARIPO

International Arrangements

Libya is a party to the Paris Convention for Protection of Industrial Property. It is possible to claim priority under the Paris Convention.

Classification

Libya follows a single class filing system and recognises both goods and services classes in terms of the 8th edition of the Nice Classification.

Registration Procedure

The total time from filing to registration is approximately 36 months. Trade mark applications are examined for compliance with formal and substantive requirements and are published in the official gazette after acceptance. Trade marks may be opposed within 3 months from the date of publication.

Common Law and Well-Known Trade Marks

Well-known trade marks in terms of the Paris Convention are recognised in Libya.

Duration of Registration, Renewal and Non-Use

Trade mark registrations are valid for 10 years from the date of filing and may be renewed indefinitely for 10-year periods thereafter.

A registered trade mark may be cancelled on action by an interested party if it has not been used for a continuous period of 5 years after the date of registration.

Customs Recordal

Customs recordals are not possible.

Patent

Forms part of

No
ARIPO
No
OAPI
Yes
PARIS CONVENTION
Yes
PCT

OAPI

ARIPO

International Arrangements

Paris Convention
Convention establishing World Intellectual Property Organization (WIPO)
Patent Cooperation Treaty (PCT) but national law has not been amended to recognise the PCT.

Types of Patents

Patents of Invention
Patents of Addition

Novelty Requirements

National novelty with 50-year restriction

Grace Period/Prior knowledge

No grace period

Examination procedure

Only formal examination

Duration & Maintenance

15 years from date of filing Libyan patent application, with a possible 5-year extension. The term for patents on chemical processes relating to foodstuffs or pharmaceuticals is ten years with no extension period.

Annual maintenance fees applicable.

Working Requirement

A patent becomes null if not worked either in Libya or a country of origin within three years from the date of grant. There is a potential two-year extension of this period.

Design

Forms part of

No
ARIPO
No
OAPI
Yes
PARIS CONVENTION

OAPI

ARIPO

International Arrangements

Paris Convention
Convention establishing World Intellectual Property Organization (WIPO)

Types of Designs

Industrial Designs (no utility models)

Classification

No Classification

Novelty Requirements

No legislative novelty requirement

Grace Period/Prior knowledge

Not applicable

Examination procedure

Only formal examination

Duration & Maintenance

5 years from filing date which term can be extended twice for consecutive five-year periods.
Maintenance payment every 5 years.

Working requirement

No use requirement