judgement has been 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 which 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.
Article (28)
Subject to the provisions of international agreements to which Libya is a party, the
provisions of Articles 24 to 27 of this Law shall be applicable to any trademarks
registered abroad and entitled to the protection of the said agreements.
Article (28) - Bis
The controllers of finance and economy in the governorates who are nominated as
finance superintendents shall have the capacity of the bailiff to detect the crimes
contained in this law and the relevant regulations.
Part VI
Transitory Provisions
Article (29)
Such trademarks as are used on the date of the coming into force of this Law and are duly
registered within six months of the said date shall for the purposes of Article 3 be
deemed to have been registered at the commencement of this Law. Whereas trademarks
which were registered pursuant to the provisions of decree No.929 of 1942 before 24th
December 1951 shall, for the purposes of Article 3, be deemed to have been registered of
the date on its first registration and shall continue to enjoy full protection provided that
registration shall be renewed subject to the provisions of this Law within six months from
the date of its commencement.
Article (30)
The Minister of National Economy shall issue implementing regulations for the application
of this Law which shall particularly provide for the following:
1. Organization of the office of registration of trademarks and the keeping of the relavant
register.
2. Methods and conditions relating to administrative measures.
3. Division of all products for the purpose of registration into categories according to kind
and quality, methods and conditions relating to publication as provided for under this
Law.
4. Fees payable for the delivery of devices and certificates.
5. Determination of fees relating to the various businesses and entries and specification
of the procedure provided for by this Law where necessary.
Article (31)
Without prejudice to the provisions of Article 3, the trademarks registration office and
any person concerned shall be entitled to apply for a judgement cancelling any marks
which might have been unjustly registered. On receiving a judgement of cancellation res
judicata, the office shall accordingly cancel the marks intended and the court may, on the
motion of the office or person concerned, order the addition of any statement to a closed
registration or order the addition, deletion or amendment of any matter therein, where
registration has been unjustly done or where it was inconsistent with reality.
Article (32)
Any provisions of Articles 338, 339 and 340 of the penal code which are inconsistent with
this Law are hereby repealed. Likewise, Articles 76 to 81 of the commercial code and all
other provisions which are inconsistent with the provisions of this Law are also repealed.