INTELLECTUAL PROPERTY RIGHTS IN LIBYA
First Renewal Term
Subsequent Renewal Term
In Libya, all the trademark applications must be filed with the trademark section of the National Authority for Scientific Research (NASR).
Libya has a single-class trademark filing system.
The 8th edition of Nice Classification is accepted by the concerned trademark authority.
The interested third parties may file opposition actions against a trademark application within three (03) months following its publication.
A registered trademark may be subject to a cancellation action by any interested party if it has not been used for five (05) consecutive years. A registered trademark may be subject to a cancellation action by any interested party if it has not been used for five (05) consecutive years.
In Libya, the registered trademarks have a validity of ten (10) years from the date of application, which can be further renewed indefinitely for periods of ten (10) years.
Libya is a member of the Paris Convention and Patent Cooperation Treaty (PCT).
Process Patent and Product Patent are the two types of patents that can be protected in Libya.
In Libya, an invention that satisfies the conditions of novelty, inventive step, and industrial applicability, subjects to patentability.
The types of patent applications in Libya include Non-Convention Application, Convention Application, PCT National Phase Application, and Patent of Addition.
Utility Model Protection is available under the patent law.
The time-period for the PCT National Phase Filing is thirty (30) months.
Opposition against a patent application can be raised at the pre-grant stage. At the pre-grant stage, any third party may raise an opposition after the patent gets published, but before it is granted, which is usually within two (02) months of publication.
The patent of invention lasts for fifteen (15) years in Libya (extendable for another five (05) years).
The time frame for payment of Annuities before the due date is six (06) months.
Libya is a member of the Paris Convention.
The Libyan Patents, Industrial Designs, Models Law (30th March 1959, Law No. 8 of the year 1959 on patents, industrial designs, and models), deals with the mechanism of registration of industrial designs.
The types of industrial design applications in Libya include Non-Convention Application and Convention Application.
Utility model protection is provided under industrial design protection in Libya.
Opposition against an industrial design application can't be raised in Libya.
The total duration of an industrial design registration is fifteen (15) years from the date of application. The initial term of registration is five (05) years, which is further extendible for two terms of (05) five years each upon payment of the renewal fee.
There is no grace period to renew an industrial design in Libya.
Libya is a signatory to the Berne Convention for the Protection of Literary and Artistic Works.
The Libyan Copyright Law No. 7 of 1984 deals with the mechanism of copyright protection in Libya.
The law grants copyright protection to original works of literature, art, and science regardless of type, importance, or purpose, which includes works of art expressed in writing, sounds, drawings, photography and motion pictures; such as, books, writings, speeches, oral works, plays, dramatic works, musical compositions, and films.
For obtaining copyright protection, the creative work to be copyrighted must be submitted with the Copyright Protection Office at the Ministry of Culture & Information within one (01) month of its publication.
The standard copyright protection term lasts for the lifetime of the author plus fifty (50) years following his death. However, the duration of copyright protection varies depending on the type of work.
The copyright protection term for creative works of art published for the first time after the author's death shall expire after fifty (50) years from his death.