What are the causes of counterfeiting and piracy in Libya?
Due to the Libyan Crisis, little attention is paid to the issue of counterfeits and pirated goods. Most of the people prefer not to take the risk of venturing into a physical shop, and therefore, because of the availability of such goods online, there presence has been easily established amongst the locale.
Which are the goods that most often face counterfeiting and piracy in Libya?
Medicines, medical supplies, and medical equipment most often face counterfeiting and piracy in Libya.
Does Libya have a well-established framework for the enforcement of Intellectual Property Rights (IPRs)?
No
What are the specific laws/orders/rules laid down in Libya for the enforcement of Intellectual Property Rights?4
The Law No. 23 of 2010 on Commercial Activities
The Law No. 9 of 2010 on Investment Promotion
The Decision of the Secretary of the General People’s Committee for Economics and Commerce No. 86 of 2004 on the Amendment of the Implementing Regulations of Law No. 40 of 1956 on Trademarks,
The Law No. 9 for 1968 Issuing the Copyright Protection Law
The Law No. 8 of 1959 on Patents and Industrial Designs and Models
What are the different types of IPRs protected by IPR enforcement in Libya?
Copyright, patents, trademarks, industrial designs, and models are the different types of IPRs protected by IPR enforcement in Libya.
What are the general IPR enforcement obligations in Libya?
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
*Liability will be subject to 03 years time, commencing from the date the injured person becomes aware of the injury and who had committed and was liable for it or the date the negligent act occurred and also who had committed it and was liable for it before taking any legal action. If any claim arises from criminal act, the time bar period for any connected or related civil claim won’t become time bar if the criminal case still exists didn’t consider time bar yet. However, in general, the time bar of such cases will not exceed 15 years from the date of the occurrence in case the incident is not being aware of and who committed it.
Which of the following IPR enforcement channels is/are available in Libya?
A) Government Authorities – Yes
B) Police Officials - Yes
C) Judiciary - Yes
D) Customs - No
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 Libya?
A) Injunctions - Yes
B) Monetary Compensation - Yes
C) Raids - Yes
D) Seizures - Yes
E) Destruction - Yes
Are there any other civil remedies available in Libya than the ones mentioned above? If yes, then kindly explain in brief.
The court may also order the publication of the adjudication in one or more newspapers at the expense of the party against whom the judgement was recovered. It may also order the destruction of illegal trademarks or where necessary, order the destruction of any products, containers, packing equipment, addresses, catalogues, and any other things that carry the aforesaid marks as well as any machines and instruments, which are mainly used in forgery. The court may order all the foregoing even in the case of acquittal.
What is the approximate timeline of civil litigation related to IPR enforcement in Libya?
What happens if an IP rights holder abuses the enforcement measures in civil litigation?
Are there any disadvantages of civil litigation in Libya? If yes, then kindly give 2-3 points?
No
Is criminal prosecution available in Libya 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?4
Yes
Which is the responsible authority in Libya corresponding to the types of criminal remedies available? Also, mention the imprisonment term and the monetary fine.
A) Responsible Authority - Federal Supreme Court or the Criminal Court
B) Imprisonment Term - Trademarks: up to 02 years; Patents and Industrial Designs: up to 02 years
C) Monetary Fine - Trademarks: up to L£ 300; Patents and Industrial Designs: L£ 10-20
Are there any other criminal remedies available in Libya than the ones mentioned above? If yes, then kindly explain in brief.
The court may also order the publication of the adjudication in one or more newspapers at the expense of the party against whom judgement was recovered. It may also order the destruction of illegal trademarks or where necessary, order the destruction of any products, containers, packing equipment, addresses, catalogues, and any other things that carry the aforesaid marks as well as any machines and instruments, which are mainly used in forgery. The court may order all the foregoing even in the case of acquittal.
.
What happens if an IP rights holder abuses the enforcement measures in criminal prosecution?
Are there any disadvantages of criminal prosecution in Libya? 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 techniques are not available in Libya.
Are border control measures (customs) available in Libya for the enforcement of IPRs?
No
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?
No
What are the remedies available under border control measures (customs) in Libya?
N/A
Who must bear the costs of customs intervention during enforcement?
N/A
What happens if an IP rights holder abuses the enforcement measures in Custom Recordal of IPRs?
N/A
Which are the best practices for enforcement of IPRs in Libya?
Court proceedings
Are there any risks involved in the enforcement of IPRs in Libya? If yes, then kindly give 2-3 points.
