Regarding enforcement of the provisions of this law, the Trade Marks Office established as per the provisions of article No.2, clause (a) of the Trade Marks Law No.40 of the year 1956, shall be deemed an office for patents and the industrial designs and models as per provisions of this law and the regulations that are issued in accordance with it, provided that the said office shall be named the Office for the Protection of Industrial and Commercial Property.
The right of patent shall be granted to the inventor or to whom rights are devolved upon, and if the invention was a result of a joint work among several persons, the right of the patent shall be shared by all of them evenly unless they agree otherwise, but if several persons have achieved the invention independently, the right of patent shall be granted to the person who filed the application first.
In circumstances other than those mentioned in the previous article and when the invention falls within the activity of the public or private plant to which the inventor is affiliated, the owner of the work shall have the option to choose either to utilize the invention or purchase of the patent, in return for a fair compensation that he pays to the inventor, provided that the choice must be made within three months as of notification date of patent grant.
The patent entitles nobody but its owner the right of exploiting the invention by all means.
The patent's provision shall not apply to the party who industrially exploits the invention or who performs the necessary works needed for exploitation with bona fide before submitting the patent application ,so he will have the right to exploit the invention for his plant's requirements , without transferring this right independently away from the plant itself.
The owner of the patent may request an additional patent as per articles No.13 and 14 of this law in case of conducting amendments or improvements to the invention subject matter of the original patent. If the original patent is cancelled, the additional patent shall not be cancelled unless the cancellation of the original patent is due to not paying the fees.
The Implementing Regulations of this law defines the basic categories of due fees for submitting the application of the original invention, renewal application, the additional patent request of the invention and the annuities.
Patent application is submitted by the inventor or by whom rights are devolved upon to the financial and economy administrator where his place of residence is located, who shall refer his request to the Office of Industrial and Commercial Property Protection at the Ministry of National Economy in order to issue the patent as per the provisions of this law. The application shall be submitted as per the circumstances and conditions defined by the Implementing Regulations of this law. The patent application shall not include more than one invention.
A detailed description of the invention and exploitation mode shall be attached to the patent which also shall include clearly the new elements which the respective person asks for their protection, and to enclose the drawing of the invention if necessary, all to be done as per description defined by the Implementing Regulations of this law.
The applicant of the patent may exploit his invention as of the application date at his sole responsibility, and the Office of Industrial and Commercial property protection shall not bear any responsibility should the application has been refused for any of the reasons set up in this law.
The Office of the Industrial and Commercial Protection is entitled to ask the applicants for carrying out the amendments deemed necessary as per the provisions of the previous article, within the period defined by the Implementing Regulations of this law. If the applicant did not carry out this procedure, he will be deemed as abandoning his application .The applicant may submit a petition against the Office's decision in respect with amendments before the committee described in article No.20 of this law, as per conditions and within timelines defined by the Implementing Regulations.
If the patent application met all conditions provided for in the article No.13 of this law, the Office shall publish the application as defined by the Implementing Regulations.
Any person of interest may present a notification in writing to the Office of Industrial and Commercial Property Protection, within designated timelines of the Implementing Regulations contesting the issuance of the patent, provided that such notice shall include the causes of contest.
A committee formed by a decision issued by the Council of Ministers upon the request of the Minister of Economy shall look into the opposition. The committee shall comprise three members. One of the said members shall be the head of Legislation and Cases Department at the Ministry of Justice .The committee may ask for another opinion from government experienced employees and others.
Decisions issued by the committee in regard with the petition or opposition can be contested before the Federal Supreme Court within sixty days as of respective notification date and the court shall look into the contest promptly.
Granting the patent to the entitled person shall be implemented through a decision issued by the Minister of National Economy, and this decision shall be published as set out in the Implementing Regulations.
The applicant of the invention or its owner has the right to submit an application, anytime, in order to amend the invention's specifications or drawing showing its quiddity and causes provided that the amendment will not affect the core of the invention .Procedures pertaining patent application shall be followed in this regard.
Each person has the right of getting a copy of the patent application, related documents, and offprints of the patents registry, and shall also have the right to review the applications, documents and the registry as per description set out in the Implementing Regulations provided that the invention is not related to defense affairs and does not have any actual military value.
The rights of a patent and all entailed rights are transferred through succession, and invention proprietorship is also transferred in whole or partially in return for compensation or not, and it can be mortgaged as well.
Creditors may seize patents pertinent to their debtors as decided in the procedural law with respect to seizing chattel or garnishment. The Office of Industrial and Commercial Protection is exempted from provisions related to garnishee's declaration regarding his dues against the debtor. The creditor has to notify the Office of Industrial and Commercial Protection about seizure and the minutes of auction so as to be denoted in the registry , and they can not be used as an evidence against a third party but as of the date of denoting.
If the invention has not been utilized in Libya or in the country of origin within three years as of granting date of the patent, it becomes cancelled.
If the Office of Industrial and Commercial Protection found, despite of expiry of stated deadlines mentioned in the previous article, that non exploitation of the invention was due to compelling circumstances, he may be granted an extended period of not more than two years in order to utilize it perfectly.
The Office of Industrial and Commercial Property Protection and any interested person may ask the Supreme Federal Court to rule the cancellation of the patent which was granted in violation to the provisions of Article (1) paragraph (b) and Article (A) paragraph (b) no. 1 of this law, and the Office will cancel these patents under a judgment having the power of a passed judgment is submitted.
As to the implementation of this law, any arrangement of lines and any shape in colors or without colors used for industrial production whether manually or by a chemical means shall be considered an industrial design or model.
A registry shall be established in the Office at the Ministry of National Economy referred to in Article 3 called "Industrial Designs and Models" to register industrial designs and models and all data relating to them in accordance with the provisions of this law and the decisions issued for its implementation.
The application for the registration of the design or model shall be submitted to the finance management as per the situations and conditions mentioned in the Implementing Regulations of this law, and the said management shall refer the application to the above mentioned office as one unit.
The registration application shall not be rejected unless it does not satisfy the situations and conditions referred to in the previous article, and the applicant may appeal the decision of the Office to the committee mentioned in Article (20), and he may appeal the decision of this committee to the Federal Supreme Court during a period of (60) days from the date of being notified of the decision of the Office or the committee.
The applicant, upon registration, shall be granted a certificate that includes the data specified by the Implementing Regulations of this law. The effects of registration shall start from the date of filing the application if it satisfies the legal requirements. The registration shall by published in accordance with the conditions that are decided by the Implementing Regulations.
Anyone has right to ask for extracts and copies of the registry.
The transfer of ownership of a design or model shall not be evidence against others unless it is recorded in the registry and published in the way decided by the Implementing Regulations.
The period of legal protection resulting form the registration of the design or model shall be five years starting from the date of the application. Protection may continue for two new periods consecutively, it the owner of the design or model filed an application for renewal during the last year of each period and in the way described by the Implementing Regulations.
The Implementing Regulations shall specify the fees that should be paid upon the filing an application for the registration of the design or model or the renewal application.
The writing off of the registration or its renewal shall be published in accordance with the provisions decided by the Implementing Regulations.
The Federal Supreme court or the criminal court may rule to confiscate the withheld materials or that will be withheld later on, and their price will be deducted from fines or compensation, or it will be disposed by another method that the court deems appropriate. AIso, the court may order the destruction thereof, if necessary, and it may judge all what has been mentioned in case of an acquittal decision was passed due to the lack of criminal intention. The court may order to publish the judgment in one newspaper or more at the expense of the convicted party.
The crimes mentioned in this law, those mentioned in the trademark Law No. 40 for 1956, and the crimes mentioned in chapters (1) and (2) of section (8) of the second book of the Libyan criminal law are similar crimes when reference is made to them.
The Implementing Regulations of this law shall include provisions that guarantee provisional protection, inventions and industrial designs or model that are exposed in national or international exhibitions in Libya or in any country that has reciprocal treatment with Libya. The assignment of these exhibitions shall be by a decision of the Minister of National Economy.
The use of the invention in land, marine and airway transportation means related to one of the countries that deals with Libya on reciprocal basis shall not affect the rights of patent owner, in case of its existence in Libya in a temporary or casual manner.
The provisions of this law shall apply to inventions and industrial designs or models that are covered by legal protection when it is in effect, on condition that the filing of application for the patent or the registration of a design or model shall be during (2) years as from that date, and the previous protection period shall be included within the protection period that is provided by the provisions of this law.
The employees of the Office referred to in Article (3) shall not file, by themselves or through others, applications for obtaining patents, or applications for the registration of industrial designs or models, unless after three years of leaving service in that mentioned Office.
Concerned people may request application of provisions of international conventions related to the industrial property which Libya has joined if they provide more care to their interests more than the provisions of this law.
The Minister of National Economy shall implement this law which shall be effective after six months from publication in the official gazette.