What are the causes of counterfeiting and piracy in Liberia?
The Liberia Intellectual Property Office (LIPO), which operates under MOCI, lacks both the technical and financial capacity to address IPR infringements. It does not have a system to track and report on seizures of the counterfeit goods or to prosecute the IPR violations. Furthermore, many Liberians are not familiar with the IPR issues and do not understand what constitutes an IPR infringement.
Which are the goods that most often face counterfeiting and piracy in Liberia?
Vendors in Liberia sell counterfeit drugs, apparel, cosmetics, mobile phones, computer software, and hardware openly.
Does Liberia have a well-established framework for the enforcement of Intellectual Property Rights (IPRs)?
No
What are the specific laws/orders/rules laid down in Liberia for the enforcement of Intellectual Property Rights?
They are as follows:
An Act to Repeal an Act Adopting a New Copyright Law of the Republic of Liberia approved July 23, 1997;
The Industrial Property Act of Liberia approved March 20, 2003, constituting Title 24 of the Liberian Code of Laws Revised, and to enact in their stead a New Title 24 to be known as the ‘Liberia Intellectual Property Act, 2016';
The Trademark Act of Liberia, 2014; and
The Intellectual Property Act 2016 (the Act).
What are the different types of IPRs protected by IPR enforcement in Liberia?
Copyright, Trademarks, Industrial Designs, Patents, Utility Models, and Layout Designs of Integrated Circuits are the different types of IPRs protected by IPR enforcement in Liberia.
What are the general IPR enforcement obligations in Liberia?
Generally, where the IP rights holder wishes to preserve the evidence, provisional measures can be obtained by obtaining an order of the court that is deemed very significant in instances of infringement, which is why it has become a common practice.
What are the essential to-dos before an IP rights holder initiates the enforcement proceedings?
Is there any limitation period for filing an infringement action?
Yes
Which of the following IPR enforcement channels is/are available in Liberia?
A) Government Authorities - Yes
B) Police Officials - Yes
C) Judiciary - Yes
D) Customs - Yes
Are civil actions available for the enforcement of IPRs?
Yes
Is the IP rights holder required to present reasonable evidence to support his claims of infringement against the opposing party in civil litigation?
Yes
Which of the following types of civil remedies is/are available in Liberia?
A) Injunctions - Yes
B) Monetary Compensation - Yes
C) Raids - Yes
D) Seizures - Yes
E) Destruction - Yes
Are there any other civil remedies available in Liberia than the ones mentioned above? If yes, then kindly explain in brief.
No
What is the approximate timeline of civil litigation related to IPR enforcement in Liberia?
What happens if an IP rights holder abuses the enforcement measures in civil litigation?
Are there any disadvantages of civil litigation in Liberia? If yes, then kindly give 2-3 points?
No
Is criminal prosecution available in Liberia for the enforcement of IPRs?
Yes
Is the IP rights holder required to present reasonable evidence to support his claims of infringement against the opposing party in criminal prosecution?
Which is the responsible authority in Liberia corresponding to the types of criminal remedies available? Also, mention the imprisonment term and the monetary fine.
A) Responsible Authority - High Court
B) Imprisonment Term - up to 02 years, but not exceeding 05 years
C) Monetary Fine – A fine of not less than the United States One Thousand and Five Hundred Dollars (US$1,500.00) and not more than the United States Two Thousand-Five Hundred Dollars (US$2,500.00)
Are there any other criminal remedies available in Liberia than the ones mentioned above? If yes, then kindly explain in brief.
Other criminal remedies include forfeiture of real property where the infringing activity took place, vehicles used to transport infringing goods, intangibles such as licences and equipment and devices used to execute the infringing act.
What happens if an IP rights holder abuses the enforcement measures in criminal prosecution?
Are there any disadvantages of criminal prosecution in Liberia? If yes, then kindly give 2-3 points?
No
Are there any alternative dispute resolution mechanisms which allow parties to resolve their dispute out of court?
ADR mechanisms are not frequently resorted to; however, these may be sought in the event.
Are border control measures (customs) available in Liberia for the enforcement of IPRs?
Yes
Is the IP rights holder required to present reasonable evidence to the customs authority/department to support his claims of infringement against the opposing party/importer of counterfeit goods?
Yes
What are the remedies available under border control measures (customs) in Liberia?
The remedies available under border control measures (customs) in Liberia include destruction of goods without any compensation.
Who must bear the costs of customs intervention during enforcement?
The applicant must bear the cost of customs intervention during enforcement.
What happens if an IP rights holder abuses the enforcement measures in Custom Recordal of IPRs?
In such an instance, the goods are likely to be released from detention.
Which are the best practices for enforcement of IPRs in Liberia?
Court proceedings
Are there any risks involved in the enforcement of IPRs in Liberia? If yes, then kindly give 2-3 points.
The legal environment for IP protections in Liberia is weak, the level of IP law enforcement is poor, and the infringement on rights is common. Although the MOCI currently has oversight on IP issues, it does not have an effective system in place to track and report on the seizures of counterfeit goods. Holders of IP rights have theoretical access to judicial redress, but laws pertaining to patents, trademarks, and industrial designs are not enforced.
