Libya

HOW TO REGISTER A PATENT

Patent protection is obtainable via a national filing. Libya is a member of the International Convention and of the PCT.

The requirements for filing a non-PCT application in Libya are as follows:

1. A Power of Attorney legalised up to a Libyan embassy or consulate;
2. An extract of a commercial register or certificate of incorporation legalised up to a Libyan embassy or consulate (if the applicant is not an individual);
3. An Assignment of Invention legalised up to a Libyan embassy or consulate (if the inventor(s) is/are not employed by the applicant);
4. A certificate of employment (on an official letterhead of the applicant) duly signed and stamped by the applicant company and legalised up to a Libyan embassy or consulate (if the inventor(s) is/are employed by the applicant company);
5. A certified copy of the priority application together with English and Arabic translations thereof; and
6. A copy of the specification (including description, claims, drawings, and abstract) in English and in Arabic.

Items (b), (c), (d) and (e) can be lodged within 2 months of the filing date but items (a) and (f) are required upon filing. In respect of item (a), a copy of the signed Power of Attorney can be lodged upon filing with the original legalised Power of Attorney to follow within 2 months of the filing date.

The requirements for filing a PCT application in Libya are as follows:

1. A Power of Attorney legalised up to a Libyan embassy or consulate;
2. An extract of a commercial register or certificate of incorporation legalised up to a Libyan embassy or consulate (if the applicant is not an individual);
3. An Assignment of Invention legalised up to a Libyan embassy or consulate (if the inventor(s) is/are not employed by the applicant);
4. A certificate of employment (on an official letterhead of the applicant) duly signed and stamped by the applicant company and legalised up to a Libyan embassy or consulate (if the inventor(s) is/are employed by the applicant);
5. A certified copy of the priority application together with English and Arabic translations thereof;
6. A copy of the specification (including description, claims, drawings, and abstract) in English and in Arabic;
7. A copy of the PCT request;
8. A copy of the International Search Report; and
9. A copy of the International Publication.

Items (ii) to (vi) and (viii) can be lodged within 2 months of the national phase entry date but items (i), (vii) and (ix) are required upon national phase entry. In respect of item (i), a copy of the signed Power of Attorney can be lodged upon national phase entry with the original legalised Power of Attorney to follow within 2 months of the national phase entry date.

Our cost estimate for filing a patent application in Libya is between about US$ 2300.00 and US$ 2500.00. To this must be added further costs, which may or may not be applicable, such as about US$ 60.00 per priority claim, and about US$ 40.00 per 200 words for translation costs from English to Arabic.

HOW TO REGISTER A TRADE MARK

1.   Filing requirements

1. Full name, street address and description of the applicant (including trading style, if any, and state/country of incorporation, if incorporated).
2. List of goods and/or services.
3. A power of attorney, legalised by a Consul of Libya in the applicant's home country.
4. A Commercial Extract of the applicant's company or a Certificate of Incorporation, duly legalised by the Libyan Consulate in the applicant's home country.
5. Certified copy of the home or registration certificate, duly legalised by the Libyan Consulate in the applicant's home country.
6. Clear print of the mark if not a word mark.
7. Certified copy of the priority document if priority is claimed.
8. All documents need to be submitted at time of filing.

2.   Classification

1. The international classification of goods and services are followed.
2. The trade mark law does not provide for the protection of trademarks covering alcoholic drinks in classes 32 and 33 and pork meat in class 29.
3. Multi-class - No.

3.   General

1. Duration: 10 years from filing date and renewal for further periods of 10 years.
2. Use: Compulsory.
3. Marking: Optional.
4. Licenses: Permitted.
5. Assignments of applications are permitted.

HOW TO OBTAIN DESIGN PROTECTION

Design protection is obtainable via a national filing. Libya is a member of the International Convention.

The requirements for filing an application in Libya are as follows:

1. A Power of Attorney legalised up to a Libyan embassy or consulate;
2. An extract of a commercial register or certificate of incorporation legalised up to a Libyan embassy or consulate (if the applicant is not an individual);
3. An Assignment of Design legalised up to a Libyan embassy or consulate (if the inventor(s) is/are not employed by the applicant);
4. A certified certificate of employment duly signed and stamped by the applicant company or otherwise duly notarised (if the inventor(s) is/are employed by the applicant company);
5. A certified copy of the priority application with an English translation thereof (if priority is claimed), both legalised up to a Libyan embassy or consulate;
6. 4 sets of formal drawings;
7. A copy of the specification and a summary of the design in English; and
8. 2 copies of the specification and a summary of the design in Arabic.

Items (b), (c), (d), (e) and (h) can be lodged within 3 months of the filing date but items (a), (f) and (g) are required upon filing.

Our cost estimate for filing a design application in Libya is between about US$ 1800.00 and US$ 2000.00. Further, all documents filed must be translated into Arabic at an additional cost of about US$ 40.00 per page.