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Enforcement of IPRs in Libya

Libya

Enforcement of IPRs
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.
Medicines, medical supplies, and medical equipment most often face counterfeiting and piracy in Libya.
No
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
Copyright, patents, trademarks, industrial designs, and models are the different types of IPRs protected by IPR enforcement in Libya.
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.
A) Government Authorities – Yes
B) Police Officials - Yes
C) Judiciary - Yes
D) Customs - No
Yes
Yes
A) Injunctions - Yes
B) Monetary Compensation - Yes
C) Raids - Yes
D) Seizures - Yes
E) Destruction - Yes
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.
No
Yes
Yes
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
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..
No
ADR techniques are not available in Libya.
No
No
N/A
N/A
N/A
Court proceedings
No