Amendment of the executive regulations for the law of Commercial Trademarks No.
(40) for the year 1956:
Decision of the Secretary of the General People’s Committee for Economics and
Commerce No. (86) For the year 2004 For amendment of the executive regulations for
the law of Commercial Trademarks No. (40) for the year 1956:
The Secretary of the General People’s Committee for Economics and Commerce
- After perusal of the Commercial Law and its amendments.
- And the Law No. (40) For the year 1956 pertaining the trademarks and its executive
regulations.
- And the law No. (3) For the year 1962, pertaining the amendments of some
jurisdictions of the Law No. (40) For the year 1956 pertaining the trademarks.
- And the Law No. (21) For the year 2001 for practicing the economics activities and
its executive regulations.
- And the Law No. (1) For the year 2001 pertaining the People’s Congresses and
People’s Congresses and its executive regulations.
Article(1):
The text of the paragraph (a) of article (1) of the executive regulations of the
commercial trademarks referred to should be amended to be as follows:
a. The application for registration of the trademark should be submitted on the form
No. (1) Attached with the regulations through the owner of the trademark or his agent
through a power of attorney, on condition that the Agent should be of Libyan
Nationality whose name is registered amongst the agents in the special register of the
trademarks agents.
Article(2):
Text of article (49) of the regulations to read as follows: If the applicant for
registration of recording the particulars or marked as transferred ownership or
mortgage or cancellation or contravening the registration is not resident in Libya, he
should assign an agent who should be of Libyan nationality amongst the agents whose
named are registered in the register specified for agents to process the procedures.
Article (3):
A register named “Register for registering Commercial Trademarks should be prepared
by the General Administration for Companies and Commercial Registration. The names
of natural persons and corporations who intend to practice this profession should be
registered in it and care should be made for the following:
1. He should be of Libyan nationality.
2. He should have a license to the jurisdictions of organizing the economic activity.
Article (4):
Nobody may practice registration of trademarks except after registering his name in
the trademarks Agents Register. The General Administration for the companies and
commercial registration in the Secretariat of the Generals People’s Committee for
Economics and Commerce will take the necessary procedures to preserve this register.
Article (5):
The classification for the products and services detailed in the addendum (1) attached
herewith in the regulation will be according to the enclosed with this decision.
Article (6):
This decision shall be executed from the date of its issue, and should cancel any
jurisdiction contravening its jurisdiction. It shall be published in the Official Gazette.
All legalized documents to be authenticated by the Libyan Ministry of Foreign Affairs.