and goods have come from states which are signatories like Libya to any conventions on
this subject.
Part V
Offences & Penalties
Article (24)
Any person shall be liable to a term of imprisonment not exceeding two years and of a
fine ranging from L£ 300 or to one of these penalties if he commits any of the following
offences namely:
1. Counterfeits a trademark which has been registered according to the law or imitates it
in order to mislead the public or uses a counterfeited or forged trademark.
2. Uses on his products any trademark owned by another person.
3. Sells or offers for sale or circulation or holds for sale or introduces into the country for
commercial purposes a counterfeited or forged trademark or any products carrying a
counterfeited, forged or unlawful trademark or, in any other way has caused the
circulation of the aforesaid trademark or products.
Article (25)
Any person who:
1. In the cases provided for under paragraphs (b), (c), (d), (f), (i) and (j) Article 5 uses
any unregistered trademark, or
2. Unlawfully writes on his trademark or trade papers any statement conveying the belief
that it has been duly registered, shall be liable to a term of imprisonment for a term not
exceeding one year and a fine ranging from L£ 100 or to one of these penalties.
Article (26)
The proprietor of a trademark, on application substantiated by an official certificate
purporting the registration of his trademark, shall be liable to to a term of imprisonment
for a term not exceeding one year and a fine ranging from L£ 35 to L£ 100 or to one of
these penalties.
A. An inventory list and a detailed description shall be made of the machinery and
equipment used or which had been used in committing the crime together with the
products, goods or addresses of shops or envelopes or papers or otherwise which bear
the mark in question as well as the goods imported from abroad.
B. The seizure of the objects mentioned in the preceding clause may not be imposed
unless the applicant submits a deposit estimated by the judge as an initial remedy to the
seized object. After the imposition of the seizure, the sufficiency of the deposit provided
by the applicant may be made pursuant to the provisions of the civil and commercial code
of procedures. The order passed by the judge may include the delegation of one expert or
more to help the bailiff in his work.
The precautionary measures taken by the proprietor of the trademark shall be considered
void unless initiated within the ten days following the date of bringing the aforesaid civil
or penal action. The time limit should be observed. The defendant shall serve his action to
the applicant and the court's clerks with whom the deposit is kept and a claim for
compensation within ninety days from the date of expiry of the scheduled term included
in the preceding paragraph if the applicant fails to institute his action or from the date of
the issue of the conclusive judgement. In both cases, the deposit may not be paid to the
applicant save after the issue of the final judgement or after the scheduled date for the
institution of the action has elapsed.
Article (27)
The court shall be entitled, in any civil or penal action, to pass judgement providing for
the confiscation of any goods attached or shall be attached in order that the proceeds of
sale thereof shall be discounted from the damages or fines awarded or disposed of in any
way which the count may deem appropriate. The court may also order the publication of
the adjudication in one or more newspapers at the expense of the party against whom