Legislative Implementation of Flexibilities - Libya

Title:	Articles 23, 28, 29 and 30 of the Law on Patents and Industrial Designs and Models No. 8 of 1959
Field of IP:	Patents
Type of flexibility:	Compulsory licenses and government use
Summary table:

Provisions of Law

Article No. 23

If the Office of Industrial &Commercial Property Protection noticed that the invention is related to defense affairs or it has an actual military value, it shall brief the Ministry of Defense immediately on the patent application and on the attached documents.The Minister of Defense has the right to challenge granting the patent to the applicant within three months as of patent application date, in return for purchasing the invention from him or making a deal with him to exploit it.

Article No. 28

If the invention has not been utilized in Libya or in the country of origin within three years as of granting date of the patent, it becomes cancelled.

Article No. 29

If the Office of Industrial &Commercial Protection found, despite of expiry of stated deadlines mentioned in the previous article, that non exploitation of the invention was due to compelling circumstances, he may be granted an extended period of not more than two years in order to utilize it perfectly.

Article No. 30

Competent government departments may be granted a compulsory license through a decision issued by the Minister of National Economy to utilize the invention due to reasons related to pro bono publico or national defense.

In such circumstances, the owner of the patent has the right to get a fair compensation, which shall be estimated with the knowledge of the stated committee in article No.20, and grievances against its decisions are made before the Supreme Federal Court within sixty days as of committee's date of declaration of decision to the grievant.