Industrial Designs Law in Libya
Libya's industrial design protection is governed by Law No. 8 of 1959, which addresses patents, industrial designs, and models. This law is administered by the National Authority for Scientific Research (NASR), the competent office for industrial property matters in Libya.
๐๏ธ Legal Framework
Governing Law: Law No. 8 of 1959 on Patents and Industrial Designs and Models.
Administering Authority: National Authority for Scientific Research (NASR), Ministry of Higher Education and Scientific Research.
๐๏ธ Definition of Industrial Design
An industrial design in Libya is defined as any arrangement of lines and any shape, in colors or without colors, used for industrial production, whether manually or by chemical means.
๐ Registrability Criteria
Novelty: A design is considered new if it has not been published or used in Libya during the preceding 50 years.
Grace Period: A six-month grace period is provided for disclosure of the design at an officially recognized exhibition in Libya, or by publication or use of the design in Libya for which application was filed by a foreigner in a country with which Libya has a reciprocal arrangement, or in an International Union country.
๐ข Application Process
Filing Requirements: Applicants must submit a power of attorney, a copy of the extract of the entry of the applicant company in the commercial register or a copy of the Certificate of Incorporation, a deed of assignment from the inventor(s) if not employed by the applicant, and copies of the specifications and drawings of the design.
Examination: The Patent Office examines the application for relative novelty.
Appeals: Rejections by the design office may be appealed within one month of notification to a special committee, with a further appeal possible to the Union High Court within sixty days of the committeeโs decision.
โณ Duration and Renewal
Initial Term: The initial term of design registration is five years.
Renewal: The registration can be renewed for two further five-year terms, totaling a maximum of 15 years.
Grace Period: A grace period of three months is allowed to file a renewal application with late penalty fees.
โ๏ธ Enforcement and Legal Remedies
Cancellation: A registration of a design or industrial model is subject to cancellation if any interested party requests such a cancellation before the competent tribunal on the grounds that the registrant is not the real owner of the design.
Infringement: Any infringement or unauthorized use of a registered design or industrial model is punishable under the current law in Libya.
๐ International Protection
Paris Convention: Libya is a member of the Paris Convention for the Protection of Industrial Property, allowing applicants to claim priority based on earlier filings in other member countries.
Hague System: Libya is not currently a member of the Hague Agreement Concerning the International Registration of Industrial Designs, so protection cannot be obtained through a single international application under this system.
๐ Practical Considerations
Processing Time: The time frame to complete the design registration process is approximately 3 to 5 months from the filing date.
Multiple Designs: Multiple designs and models are acceptable, with up to 50 designs and models allowed in a single application.
Official Gazette: Registration, assignment, and cancellation of design or industrial model registrations are published in the Official Gazette and entered in the register.
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