Articles 1, 29, 30, and 49 of the regulations implementing Trademark Law no. 40 of 1956 in Libya have recently been amended by virtue of Ministerial Resolution no. 316, issued on May 7, 2009. The Resolution is deemed effective in the country as of its date of issuance. Specifically, the amendments are in connection with two main issues:
(1) Recordal of License Agreements: According to Resolution no. 316, the duration of a license recordal must be specified. The period must not exceed the protection term of the corresponding trademark registration. There was no time limit under the previous regulations. By way of background, license recordal is compulsory in Libya in order to be effective against third parties.
(2) Certificate of Registration: Pursuant to the Resolution, the form of the trademark registration certificate has been modified. However, there is no indication that the outstanding certificates of registration in the country will be issued any time soon by virtue of this Resolution.
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