African Regional Intellectual Property Organization (ARIPO)
Algeria
Angola
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Burundi
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Libya
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Trade Mark Services & Trade Mark Lawyers
Patent
Design
Libya
Forms part of
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.
Forms part of
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.
Forms part of
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
8th edition