Registration of Trademarks under the Libyan Law
We would like to explain the services offered by “Al-Koun for Commercial Registration Ltd” in carrying out the registration, renewal and transfer of ownership of trademarks in Libya.
“Al-Koun for Commercial Registration Ltd” is a company enlisted in the Index of Accredited Agents at the Trademark Office in Libya.
By virtue of the details above, there was an urgent need for passing legislation in connection with the protection of intellectual, commercial and industrial property, as well as the protection of products against counterfeiting, fraud and forgery. Law no. (40) of 1956 was issued in Libya regarding the regulation of registration of trademarks. Pursuant to this law, Libya became a member of Paris Convention for the Protection of Industrial Property, and a member of Stockholm Convention of 1967. Libya also applies an International Goods Classification System for the Registration of Trademarks.
To register your trademark, we need to have the following documents:
1 |
A Power of Attorney given to “Al-Koun for Commercial Registration Ltd”, and authenticated by the Libyan Consulate in the country of the trademark. |
2 |
Eight copies of the trademark to be registered in each category. |
3 |
Specifying the classes of goods and services whose trademarks need to be registered. |
4 |
The name, address , nationality, and activity of the Applicant. |
5 |
A legal extract of the company's entry in the Commercial Register, authenticated by the competent authorities, and by the Libyan Embassy in the country of the trademark. |
The documents needed for the registration of patents should be submitted to the Intellectual Property Section of the Industrial Research Center (IRC), in accordance with the provisions of Law no. (8) of 1959 and its bylaws.
Documents needed for the registration of patents and industrial prototypes are:
1 |
A Brief Description of the patent, drawings and prototypes. |
2 |
Translation into Arabic of all the relevant documents submitted. |
3 |
An extract from the Commercial Register for the entry of the company which owns the patent, such extract to be authenticated by the competent authorities and by the Libyan Embassy in the country of the patent or prototype. |
4 |
A Power of attorney issued to our Company by the patent owner or the prototype owner, such Power of Attorney to be signed and authenticated by the competent authorities and by the Libyan Embassy in the country of the patent or prototype. |
5 |
In the case of claiming a priority right, the priority document should be submitted, together with its (Arabic) translation. |
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The Prototypes made to submit applications, such prototypes to be approved by the Industrial Research Centre. |
Registration of Branches of Foreign Companies in Libya:
“Al-Koun for Commercial Registration Ltd” offers the service of registering the branches of foreign companies at the Directorate General of Companies and Commercial Registrations - Ministry of Economy Trade and Investment, in accordance with the applicable laws. We are registration agents approved under authorisation no. 23 by the Department of Companies - Ministry of Economy Trade and Investment.
Documents needed for registering a branch of a foreign company in Libya:
1 |
Resolution passed by the Board of Directors for the approval of opening the Company’s branch in Libya, including the following: |
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Statement of activities to be carried out in Libya, provided that they are consistent with the objects of the parent company, and are activities permissible for branches of foreign companies in Libya. |
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2 |
The amount of money allocated for the establishment and management of the branch in Libya, provided that it is LYD 150,000.00 (one hundred and fifty thousand Libyan Dinars) or more. |
3 |
The name of the Manager of the Company’s Branch in Libya, provided that he holds Libyan nationality or the nationality of the country of the parent company or of one of its owners. |
4 |
Address of the main office of the company's branch in Libya. |
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A certified accurate copy of the Memorandum and Articles of Association of the parent company. |
6 |
An original recent commercial extract from the competent authority where the parent company is registered. |
7 |
An undertaking by the Board of Directors of the parent company to prepare the annual Balance Sheet as well as the Profit and Loss Account of the branch. |
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An undertaking by the Board of Directors of the parent company that they will not interfere in the political affairs of Libya. |
9 |
Documents showing the company’s competence and expertise in the activities that will be carried out in Libya. |
10 |
Completing an Application Form prepared by the Libyan Administration for obtaining authorisation to open a branch of a foreign company. |
Registration of Commercial Agencies
(Individuals - Companies and Partnerships - Principal)
We offer the service of registration of commercial agencies in accordance with the provisions of Law no. (6) of 2004 and its bylaws, as amended.
Documents needed for entry in the Register of Commercial Agencies:
Documents from Individuals/Private Agents:
1 |
A document certifying the Libyan nationality. |
2 |
Certificate of Non-Bankruptcy. |
3 |
Police Clearance Certificate. |
4 |
An undertaking to submit the contracts and agreements concluded with third parties within (30) days from the date of signing the same. |
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An undertaking to transfer to Libya the commission earned within three months from the due date. |
6 |
An undertaking to allocate not less than 20% of the value of durable goods imported into Libya as spare parts, materials and tools necessary for maintenance. |
7 |
An undertaking to provide a suitable place for carrying out the commercial agency activities, and registration in the relevant Commercial Register no later than 6 months from the registration date. |
8 |
A certificate from the bank with which the agent has an account in Libya. |
9 |
The Agency Contract concluded between the Agent and the Principal, including the basic statements for the contracting parties, such as the commission value, the contract duration, the type of goods and merchandise, the subject of the Agency Contract … etc., provided that it is translated and authenticated by the Libyan Embassy in the country of the company. |
Documents from Companies and Partnerships/Corporate Agents:
1 |
The company's Memorandum and Articles of Association. |
2 |
Resolution of Authorisation to carry out the activities. |
3 |
Commercial Extract stating clearly the address of the Company or Partnership. |
4 |
A Non-Bankruptcy Certificate issued by the court. |
5 |
An undertaking to transfer to Libya any commission earned by the Company. |
6 |
An undertaking to allocate not less than 20% of the value of durable goods imported into Libya as necessary spare parts, materials and tools. |
7 |
An undertaking to submit the contracts and agreements concluded with third parties within (30) days from the date of signing the same. |
8 |
A certificate from the bank with which the agent has an account in Libya. |
9 |
The Agency Contract concluded between the Agent and the Principal, including the basic statements for the contracting parties, such as the commission value, the contract duration, the type of goods and merchandise, the subject of the Agency Contract … etc., provided that it is translated and authenticated by the Libyan Embassy in the country of the company. |
Documents from the Principal:
1 |
Commercial Extract issued in the country of Principal’s registration abroad, translated into Arabic and authenticated by the Libyan Embassy. |
2 |
A Certificate of Non-Bankruptcy issued by the court where the Principal is registered, provided that it is translated into Arabic and authenticated by the Libyan Embassy. |
3 |
A Certificate issued by “Israel Boycott Office”, if the Principal had been blacklisted. |
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