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Libya

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Decision of the Secretary of the General People’s Committee for Economics and Commerce No. 86 of 2004 on the Amendment of the Implementing Regulations of Law No. 40 of 1956 on Trademarks

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.